Worth applying? Together for 2.5 yrs but not common-in-law due to work

[thesunnysideup]

Hello everyone,

can you help me with this issue? I am not sure whether it is worth applying for a sponsored partner visa because the chances seem low - what is your opinion and what would you recommend to do?

The story:
My Canadian partner and I have been together since October 2011.
We met abroad and always live together while we are in the same spot.
In May 2012 we moved Canada and live together here, but I travel frequently so the problem is that we were not always in the same spot which means we are not common in law - though there is no regulation on how many days one is allowed to be away during that year (quote from the officer on the help line: short absences are ok but couples usually take holidays together).

More in detail:
October 2011: living together in Thailand
November-December 2011: I travel home to see the family.
January-March 2012: I return to Thailand and we live together again.
March 2012: My partner returns to Canada to start a new job, I get my things organised to be shipped to Canada and follow in May.
September 2012: I leave to see my family.
October & November 2012: I am back in Canada, living together with my partner.
December 2012-February 2013: I am out of the country. My partner comes to visit over Christmas & New Years for 2 weeks.
March until mid April 2013: I am back in Canada, living together.
mid April & May 2013: I am out of the country again, my partner comes to visit for 2 weeks.
June- mid July 2013: I am in Canada, living together
mid July-beginning of October 2013: I out of the country. My partner comes to visit in August for 1 week and in September for 1 week.

The immigration officer on the help line also said that I will only know for sure if I apply - but given that the medical check alone is 250$, I'd rather be a bit more sure first.

The officer then said that I am not conjugal because it would be possible for me to apply for an extension of the 6 month tourist visa that I get every time I come to Canada - I am from Austria - and then just stay here for 1 year. This would not be a work permit though.
I have an online business so that would be ok (no work permit required according to the officer).

The reason for my travels are
1. family visits
2. my sport - I freedive and go to spots where I can train. Where we live in Canada, the lakes are either not deep enough, have too much current or do not allow diving. And they are too cold from October-June.
3. my business - most of what I do is online but since my website is in English and German, I have a lot of German and Austrian customers for whom I hold events.

Right now I have a flight booked leaving in 2 weeks time and I will be gone until June - almost 4 months. My partner will come visit in May.
The next trip will be in September until December, 3 months again, and I am completely unsure how to proceed:

Options as far as I can think:

1. do nothing. Be a tourist while here, have an interview every time I enter the country (the one at the airport, after they make a big pink cross on your paper - anyone been there?)

2. extended tourist: I come back in June on a tourist visa, and apply for an extension. Or do I do that once the first 6 months are coming to an end? Then I would have to wait until after the 2nd trip this year, come back in December, wait for a few months until 2015, and then apply for extension, get the total of 12 months together, do shorter trips only - but how short?? - and do it all in 2015.

3. sponsored visa: my partner applies to sponsor my visa, either while I am away or in June when I am back.

What would you do?

Thank you all!

 

[Avadava]

Since conjugal is out of the question and common law is arguable (there are many doubts, generally a common law couple lives together at the same address for 12 consecutive months, with short trips - max 2/3 weeks) I think the best for you is to get married.

But of course the marriage option is only if you plan to be together and are willing to commit to such a relationship. It is considered that common law is actually a marriage but without the paper, so if you are thinking your relationship is common law, why not make it more formal (get married).
If you think your relationship is not that serious, then you should not use the family class sponsorship, because you don't really fit in this category. Extend your tourist visas or get in through the Skilled worker program.

 

[Rob_TO]

Based on the info you provided, you would have practically no chance for common-law. When they say co-habit, they mean that 2 people have set up their permanent residence at 1 address. Having a partner traveling and then re-establishing their addresses every couple of months, will make your common-law case impossible. Typically any single absence in a 12 month period will be a super high chance for common-law rejection... many absences of over a month each will make it impossible.

To apply now for PR you basically have only 1 option - get married. You've been together for several years so even if you have a small courtroom civic ceremony, it would probably be ok.

 

[thesunnysideup]

Thanks for your replies guys!

We do have the rental agreement in both our names and a shared bank account but that will probably not be enough.

 

[Rob_TO]

We do have the rental agreement in both our names and a shared bank account but that will probably not be enough.

In addition to shared documents... common-law requires actual physical residency at the place of cohabitation.

There is no real definition of how many days you are allowed to spend apart, they only say "temporary and short". So its really up to the VO reviewing your file. However other people have been rejected for a lot less absence then you have, so it would be a pretty big risk to send in the app as-is.

 

[thesunnysideup]

Yes that's what I suspected.

Another option, without work permit though would be a multiple entry visa - but that only works if I am from a non visa-exempt country (which I am not.)

Ah well, thanks for all your help anyways

 

[Graihn]

Yes that's what I suspected.

Another option, without work permit though would be a multiple entry visa - but that only works if I am from a non visa-exempt country (which I am not.)

Ah well, thanks for all your help anyways

I just want to give kudos to you, as you seem to have a very interesting life style, and seem to be living the life!
Apart from being away from your partner so much

 

[steerpike]

Is there some reason why you dont want to get married? The rules about living together for a year only apply for unmaried couples.

 

[taffy7]

As for the big pink cross when you arrive i get it all the time, and i am a Canadian citizen . I fly back and fourth to the UK every few months to visit my husband and family there , but i come back through Amsterdam, i am thinking that's why my bags get searched and i have to explain where i have been how long for and where i live in Canada. Its just the price of travelling i guess.