Common law definition

[Krystine]

Hello guys,

I am bringing a question that might be hard to define... This is how CIC defines a common-law partnership.

Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

Based on their own definition, My question is,

1. If you are living with your boy friend/girl friend for more than 1 year, you are automatically considered in a common-law relationship in the eyes of CIC?

A friend of mine who is very knowledgeable about immigration process strongly advised that if you are living with your boy friend/girl friend in a romantic relationship for more than 1 year, you are in a common-law relationship no matter how long you guys have been separated from time to time. For example, you have been living with your partner for almost 2 years, then you two are definitely in a common-law relationship although there were some events that you two were physically separated for 1 or 2 months.

The thing is that CIC definition contains a word of 'without any long periods apart' during the period of the time.
And some experts here also advised that with such a long period of break (1~2 months), the clock will be reset to 0 and you need to start the time from the beginning to become a common-law partner.

What can be more fit into CIC's concepts of a common-law relationship? Any legal cases or own experience that you guys can share?

Thank you very much.

 

[canuck_in_uk]

Hello guys,

I am bringing a question that might be hard to define... This is how CIC defines a common-law partnership.

Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

Based on their own definition, My question is,

1. If you are living with your boy friend/girl friend for more than 1 year, you are automatically considered in a common-law relationship in the eyes of CIC?

A friend of mine who is very knowledgeable about immigration process strongly advised that if you are living with your boy friend/girl friend in a romantic relationship for more than 1 year, you are in a common-law relationship no matter how long you guys have been separated from time to time. For example, you have been living with your partner for almost 2 years, then you two are definitely in a common-law relationship although there were some events that you two were physically separated for 1 or 2 months.

The thing is that CIC definition contains a word of 'without any long periods apart' during the period of the time.
And some experts here also advised that with such a long period of break (1~2 months), the clock will be reset to 0 and you need to start the time from the beginning to become a common-law partner.

What can be more fit into CIC's concepts of a common-law relationship? Any legal cases or own experience that you guys can share?

Thank you very much.

Common-law = 1 year of continuous cohabitation in a marriage-like relationship with minimal time apart.

A separation of a few weeks would be fine. More than 3 weeks at a time and you are risking IRCC determining it was a break in cohabitation. A 1-2 month break would most definitely reset the clock.