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The situation is following, my girlfriend an I have been living outside Canada for the past year. She is Canadian, im Serbian. As we are same sex couple, we cannot get married in Serbia, so we want to apply for common law visa and go to Canada together. Only problem is that she has been living with me in Serbia for almost 6 months (only 3 is legal). Will they ask the question of her stay here? Also, the previous year we lived in Ecuador for 5 months, where I had a visa, but she didnt.
It shouldn't be a problem. To be approved as a common law couple, you will need to provide hard evidence that you cohabitated for a full year continuously. So that's the only thing that might be a challenge potentially. Evidence would be things like joint leases, joint utility bills, joint bank accounts, etc.
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