Are we considered as common-law under canadian immigration?

[Jason.Patacsil]

My partner is planning to apply for common-law sponsorship to bring me from the Philippines to live with her and our children in Canada. Our problem is that we didn't co-habitate for 12 months continuously but we have proofs that our relationship is genuine and acknowledged by friends and family. We have also proof that she visited me here in the Philippines and we lived together for 5 months. Are we considered as common-law because we have children together?

Thank you!

 

[GodSend]

No you are not common-law. The CIC is very clear about the definition. You must be living together for AT LEAST 1 year. They don't even allow very much in the way of time apart during that year as well (for example, travelling back home for a month to take care of a sick family member) would reset that clock.

Why don't you two actually get married? Your only other choice is a conjugal sponsorship but you have to prove a barrier to marriage...Are either of you previously married in the Philippines and are unable to get an annulment?

 

[scylla]

My partner is planning to apply for common-law sponsorship to bring me from the Philippines to live with her and our children in Canada. Our problem is that we didn't co-habitate for 12 months continuously but we have proofs that our relationship is genuine and acknowledged by friends and family. We have also proof that she visited me here in the Philippines and we lived together for 5 months. Are we considered as common-law because we have children together?

Thank you!

No - you are not common law.

 

[Jason.Patacsil]

No you are not common-law. The CIC is very clear about the definition. You must be living together for AT LEAST 1 year. They don't even allow very much in the way of time apart during that year as well (for example, travelling back home for a month to take care of a sick family member) would reset that clock.

Why don't you two actually get married? Your only other choice is a conjugal sponsorship but you have to prove a barrier to marriage...Are either of you previously married in the Philippines and are unable to get an annulment?

Thank you for this! She will visit me this coming December and most probably get married then proceed with spousal sponsorship.