Young couple - common law

[CMogensen]

Hello!

I have been looking a bit around in here to try and find a situation like the one my partner and I are in. And no luck so far, therefore I decided to write this.

Our situation is as follows:
I'm a Danish citizen (21) and my partner/boyfriend is a Canadian citizen (20). We found together in February 2016, and have technically lived together since then, although we only have prof since May 2016, so that is when we can start from.
The questions/uncertainties we now have are because I went home to Denmark for a month July 15th to August 15th 2016, because I was supposed to start university in August. But decided do to my connection to my partner that I had to go back to Canada. Does this cancel out our status as common law partners?
If so, then we will have regained our status as per August 15th 2017. But to complicate things even further we was do to health and immigration reasons forced to spend a month apart here May 23rd to June 22nd. I became sick (still is) and therefore made the decision to go home to get diagnosed and treated, since we have free health care in Denmark, and I'm now waiting for my surgery. My partner was going to accompany me, but was unable to because his passport was still in the process. And it is not like we applied for his passport last minute or anything, we sent the passport application in December 2016, and it normally only takes a month or so for a new passport in Canada.
So he would have been able to come with me if it wasn't for the passport delay. He is now living with me in Denmark.
So to the question: are we still considered common law partners?
We both very much consider each other so.

Thank you very much for your time to help us out! We just want to live together again.

 

[scylla]

Breaks of more than three weeks are typically seen (by CIC) as a break in continuous cohabitation. What this means in plain language, is that when you have been apart for more than three week, CIC will likely start the 1 year countdown again from scratch. So if you were separated for a month May/June - this most likely means you don't yet meet common law requirements in the eyes of CIC. It's really your choice what you do next. You can try applying with the month break and you may get lucky. Or you may find yourself facing a refusal after a long processing period and have to apply from scratch. Alternatively you can wait until you're absolutely sure you meet the common law requirement (this would be June of next year) and apply then.

 

[CMogensen]

Thank you for your response.

Okay so even though we did everything we could to get his passport in time for me leaving, which showed impossible, we even paid more for a rush order. I had a doctors appointment the day after I arrived in Denmark and have prof of so and all my other appointments since then.
We kept in contact every day since I left and have logs showing so.

I would have stayed in Canada longer, but my health was constantly getting worse so I had to go home.

We really hope my health problems haven't destroyed our entire plan.

 

[Rob_TO]

If so, then we will have regained our status as per August 15th 2017. But to complicate things even further we was do to health and immigration reasons forced to spend a month apart here May 23rd to June 22nd. I became sick (still is) and therefore made the decision to go home to get diagnosed and treated, since we have free health care in Denmark, and I'm now waiting for my surgery. My partner was going to accompany me, but was unable to because his passport was still in the process. And it is not like we applied for his passport last minute or anything, we sent the passport application in December 2016, and it normally only takes a month or so for a new passport in Canada.
So he would have been able to come with me if it wasn't for the passport delay. He is now living with me in Denmark.
So to the question: are we still considered common law partners?
We both very much consider each other so.

In general the reason for the break is not really relevant. The only thing that matters is how much time was spent apart. Eventually the time gets to a point where a visa officer feels it broke the cohabitation. Since there is no definition on a specific amount of time, this is entirely at discretion of the visa officer reviewing your file. We have seen cases get into trouble for 3-4 week breaks, but I've also seen cases that had breaks longer than a month and were approved easily. So you will not get a firm answer either way.

The choice is up to you. Submit now and hope your explanation for the 4 week break is accepted and doesn't break the cohabitation, or wait until after Jun 22, 2018 to apply and be certain.

If it was me, I would apply immediately and hope for the best. Worst case scenario if the visa officer is super strict and will deny the app, all this should happen anyways well before June 2018, so you can just re-apply again at that time. Best case you get a reasonable visa officer and they approve the app no problem.

 

[emeritus]

You will have to clarify some points to get a better answer.

Firstly, your partner applied for a Canadian passport? If yes, then the processing time is 10 business days through an office and 20 through mail. Rush is less than that. So if he applied in December 2016 for a passport, he should have received it latest in January 2016. As per your post, you traveled to Denmark in May, so why was the passport not ready?

Secondly, when did you relationship commence and then when did you start co-habiting? February 2016, but only have proof from May 2016?
You will have to clearly define your timeline.

Conjugal relationships must have very solid evidence due to concerns of relationship of convenience (ie. just roommates/friends). If you wish to apply now, with those gaps, you must provide very strong evidence to support your case, especially given that you had not been together for much time before commencing your relationship (letters from friends/family, pictures, shared bills & expenses, social media posts, etc.)

 

[CMogensen]

Rob_TO: Thank you for your answer. We would like to start the application process as soon as possible, so we can continue living together with both of us working, as we both are relatively young we don't have any big savings to finance living and to have or parents to support us for another year is pushing it a bit. So I think we will send of the application. And hope for the best!


Emeritus: Okay so our timeline would be as follows;
February 2016 - we became a couple (girlfriend-boyfriend) and was already then living together, but with me just staying in his room in a big dorm. So no proof.
May 2016 - I officially moved in with him.
July 15th 2016 - I go to Denmark because I was supposed to start university.
August 15th 2016 - I go back to Canada.
May 21st 2017 - I return to Denmark do to health problems.
June 21st 2017 - He comes to Denmark, and we are still together in Denmark till this date.

There were several things complicating and delaying the passport application, such as lost birth certificate, expiries of photos do to the delay, transfer from one office to another. So it just ended up taking them that long.