mahdawg

Hi guys,

Did the usual search but didn't get an exact match for what I'm looking for. So Plan A is the GF goes and gets PR through Express Entry, however, I like to plan ahead, so if that fails Plan B is common law. With common law, would anyone be confident in the acceptable time apart? I want to get back to the UK for my brother's stag do, just for 8/9 days then head back. I don't see a reason for the GF to come as I wouldn't see her for half the trip (nor does she want to come )

I've heard the horror stories of people hitting the 3 week mark and having to start again, but is just over a week grand?

Siouxie

As far as I am aware, if you are living 'as common law partners' when your g/f puts in her application for Express Entry, she would need to put you down as her dependent and declare you (or potentially lose her PR for misrepresentation) and would not be able to sponsor you at a later date.. Who should I include on my permanent residence application?

mahdawg

Thanks for the quick reply Apologies, just to avoid confusion, I have PR, going for Citizenship this year. It's her that needs PR. But the requirement for a common law application is 12 months uninterupted. My query is whether 8/9 days away counts as an interuption in the common law process. She has only started living with me recently.

Siouxie

Ah! Apologies! I got the totally wrong end of the stick!

The general consensus is that you must live together 'uninterrupted' and 'continuously for a period of a minimum of 12 months, preferably without any time apart although CIC state that 'Short periods apart - say to attend a business meeting or family event for instance, are allowed'.

You can read more here: For my spousal sponsorship application, what is a common-law partner?

There have been some people who have had issues when they have been apart for as little as a week or two so my recommendation is not to have any gaps!!

Is your g/f not attending the wedding with you? If you are common-law would't it be somewhat expected that she would attend a family wedding with you? It would also help for your 'proof' if she did.

http://britishexpats.com/wiki/Spousa...hip-Canada/FAQ

mahdawg

See this is my tiny worry. The stag do is in September (no wives or gf's allowed!), the wedding is in February which she will be going to of course. If need's be we'll do it, but she'd essentially be paying for a flight and then not seeing me for half of the trip anyway as it's so short.

The other "proof" we have i.e. bank accounts, bill payments, landlord confirmation, vacations together etc. It'd just be a pain to pay for this for appearances sake. The joys

Siouxie

Other proof could also include photos with family and friends, etc., every little bit helps.

How long is the trip and when do you reach the magic' 12 months?

mahdawg

Well my idea for the trip length is 8/9 days, haven't booked it yet, as I believe it would be best to book together if needed.

She only just moved in (been dating a couple of years), so by April we reach the magic figure. Her visa would expire July 2020, so we do have some time, but best to be prepared