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Hi folks,

I´m looking for some advice on the following situation:

My boyfriend and I would like to relocate to Canada permanently and we figured that the common law partner visa would be most straightforward for us.

Background:

I´m a Canadian citizen from birth.
My boyfriend is a UK citizen from birth.
We both currently cohabit in France.

We met on the internet in 2006, and physically for the first time in Canada, January 2007 and instantly hit it off. I went to the UK in August 2007 on a working holiday maker visa and we lived together. I subsequently gained 2 student visas for the UK and attended uni there, again cohabiting. After this finished, I returned to Canada and he visited me as often as was possible. As of December 2011, we are cohabiting in France, where he now works, and I am taking a professional level course which completes at year end. I am on a french visa for same period. We both hope to relocate to Canada permanently in January 2013 or thereabouts.

We of course want to get married in the future, however do not want to do so just for visa reasons, so would the common law partner visa apply to us?

Issues:

I have been a student for the last few years, and also will be this year. Therefore I do not earn money. How does this affect sponsorship. Do I read it correctly that I do not need to provide evidence of funds? He has been earning good money the whole period of our relationship, and continues to do so.

We have had several periods over the last 5 years where we have been physically apart for months at a time, such as university summer holidays. How does this affect things?

Although we have lived together on and off for 5 years, the property has always been in his name (he is a homeowner), except here in France, where we are both on the rental agreement. Does this affect things?

Any other information that might help guide us?

Thanks so much for taking the time to read.

Rosie and Joe
 

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Your problem isn't funds, it's your on and off co-habitation (and proof thereof). If you haven't or you cannot prove 12 consecutive months living together, you don't qualify as common-law. If you continue your current living situation you will qualify to begin the application process in December 2012.
 
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