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Advice Needed RE recent letter from immigration

MizzCanAm

Full Member
Mar 29, 2010
43
3
Category........
Visa Office......
Buffalo, NY
Job Offer........
Pre-Assessed..
App. Filed.......
08-11-2010
AOR Received.
27-01-2011
Med's Done....
12-08-2010
Passport Req..
06-12-2011
VISA ISSUED...
20-12-2011
LANDED..........
09-03-2012
Well after a long wait I received a letter from immigration yesterday. Here is what my letter says:


I have reviewed your application for a permanent resident visa as a member of the family class, the class in which you applied. I have concerns that you do not meet the requirements for immigration to Canada.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Pursuant to subsection 1(1) of the regulations, a common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

I am not satisfied that you and your sponsor have maintained a common-law relationship for at least one year as per section R2 of the Immigration and Refugee Protection Act, based on the limited evidence you have provided. As you have not provided any evidence, relative to your mutual cohabitation for a period of one year, I am not satisfied that you and your sponsor meet the definition of a common-law union.

You may meet the immigration definition of a conjugal partner, which also requires a period of at least one year. Pursuant to section 2 of the regulations, a conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where the two parties are interdependent and have combined their affairs economically, socially, emotionally and physically.

Subsection 11(1) of the Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.

The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within sixty (60) days. You can refer to our website and the definition of common-law partner for assistance in meeting this requirement, www.cic.gc.ca. I must also advise you that failure to disabuse me of my concern could lead to the refusal of your application.

I hope to hear from you within sixty (60) days.



For the common-law part of it, we are going to provide a statutory declaration of common-law union and provide them with a credit card account that we both have together.

My biggest concern is proving that we have cohabited together for a year. The problem seems to be that I don't have any documentation stating that I have been here in Canada with my common-law partner for a year. I came to Canada in November of 2008 and was planning to stay until after the new year (Jan of 2009). I wasn't sent to secondary to get a visitor visa (I didn't think that I would need one). In January our dog started having problems and after a few vet appointments, she had to have major surgery. Surgery was done in Februrary of 2009. She would require around the clock care for the first 6 weeks and was not to run or jump for about 6 months. I figured I was fine because I was able to stay for 6 months in Canada (since I didn't get a visitor visa). I planned on going back to the states after my boyfriend (common-law partner) and I attended a boat cruise around Toronto Islands. It was something that was planned, and I knew by staying that I would be out of status and risk not being allowed back in. The night of the boat cruise, we dropped our dog off at our parents house and they watched her while we were out for the night. Long story short, our dog pulled my father-in-law (that's what I call him even though my common-law partner and I are not married) off the deck and he fell and broke his hip. When I am gone to the states, my BF drops the dog off in the morning when he leaves for work and picks her up on his way home so she is not alone all day and can be let outside. Well with my father-in-law having a broken hip, he can't look after her if I go to the states, so I stay in Canada. I finally went back to the states in November of 2009. So I was in Canada a full year, but I have no visitor visa showing that I was here. I sent in with my application, phone records showing that my BF would call me everyday on his way home from work to tell me he was on his way home and in case I needed him to stop at the store for something for dinner. I don't know what else I can show them to prove that I was here for a full year. I am sure if they are able to check the records of my border crossing, they can see that I did come into Canada when I said I did and that I did not leave for a year.

Just asking for advice on what I can do. After all this time I don't want my application to be denied because of this. Another question I have is can they take the application I have sent them and just change it from Common-law to conjugal like the letter says I may meet, or would I have to fill out another application and start from scratch?

Also, I go back and forth between the states and Canada quite often because my mother was diagnosed with colon cancer so while waiting for my application to be approved, if she needs me, I go to the states and help her out quite a bit. I still don't get a visitor visa when I come back in to Canada because when I tell them I will only be staying for 2 months at the most because I will be returning to the states to help my mother out, getting a year visitor visa won't do me any purpose because it will start over again when I leave Canada. As long as I tell them I have my application in process, they don't give me a hard time.

I just really need some advice on how to proceed. I am not sure what they will take as proof that I was here for a year. Any advice would be appreciated.

Thanks
 

rjessome

VIP Member
Feb 24, 2009
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Notarized letters from family and friends attesting to your cohabitation, the joint CC is good and the Stat Dec. Any joint lease agreements? A notarized letter from the landlord would be good as well.

You might want to send an affidavit from you and your BF stating what you just wrote about as well.
 

rjessome

VIP Member
Feb 24, 2009
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mfoniso said:
also, in addition to the notarised letters mentioned above, pictures speak volumes. any pictures you have of things you did together would help especially if the pictures are dated (you know like how some cameras show auto dates). and also a joint lease if you have would be good too. just try to think of all the things you both did together in that one year period and then get DOCUMENTARY evidence to show same.

if this fails after you have done all that you know to do, your best bet may be a spousal sponsorship which is fast as well.
CIC does not mention any issue with genuineness of the relationship, only that it meets with the requirements of being considered common-law by living together for 12 consecutive months. Pictures won't prove that. Now they won't hurt it either but they need stronger documentary evidence that they were actually living together.
 

canadianwoman

VIP Member
Nov 6, 2009
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Accra, Ghana
Job Offer........
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App. Filed.......
30-01-2008
Interview........
05-05-2009
It could be because you go back to the USA frequently to help your mother, the visa officer views you as just visiting your boyfriend, not actually living with him. Maybe make a list of the exact dates of your entries and exits to show how long you have spent with him in Canada - try to show that you are living with him in Canada, and visiting your mother, not the other way around.
It is too late to help you right now, but just in case you are refused and have to reapply, try to get yourself on the lease and both your names on the utility bills (if possible).
 

MizzCanAm

Full Member
Mar 29, 2010
43
3
Category........
Visa Office......
Buffalo, NY
Job Offer........
Pre-Assessed..
App. Filed.......
08-11-2010
AOR Received.
27-01-2011
Med's Done....
12-08-2010
Passport Req..
06-12-2011
VISA ISSUED...
20-12-2011
LANDED..........
09-03-2012
Thanks for all the replies. We are going to try to open a checking account together, but the lady at the bank said that may not be possible until I am a permanent resident. My BF owns his own house so there is no lease. We are going to add my name to some of the utilities as well. In my reply, I will add a list of all the dates that I went back to the states. When I go back to the states, it is usually for 2 weeks at a time. This last visit was 3 weeks. Is there anything I can get from CBSA when they scan my passport on entry and exits? Like a log of some sort? This would show that I was here for a year.
 

mmshock

Star Member
Jan 11, 2011
153
2
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
29-03-2011
File Transfer...
02-05-2011
Med's Done....
11-02-2011
Passport Req..
30-08-2011
LANDED..........
08-09-2011
FWIW My husband and I got a joint account at CIBC and I am still not a PR. (soon!)
 

PMM

VIP Member
Jun 30, 2005
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Hi

rjessome said:
CIC does not mention any issue with genuineness of the relationship, only that it meets with the requirements of being considered common-law by living together for 12 consecutive months. Pictures won't prove that. Now they won't hurt it either but they need stronger documentary evidence that they were actually living together.
Just an aside the OP states she went back to the States in Nov. 2009. They applied for out of Canada it appears in Nov/2010. If they hadn't been living together for other than short breaks, then they are probably not considered Common/law.
 

rjessome

VIP Member
Feb 24, 2009
4,354
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PMM said:
Hi

Just an aside the OP states she went back to the States in Nov. 2009. They applied for out of Canada it appears in Nov/2010. If they hadn't been living together for other than short breaks, then they are probably not considered Common/law.
Yes, good catch. They should probably just get married and re-apply.
 

GetUsHome

Star Member
Mar 24, 2011
184
7
How big is that dog?

You sound a little conjugal to me as well and I was a little confused as the total time you had been living with your fiance.

That being said we are in the same boat. However, we do live together and I have status in the US. Our IO wants further proof of common-law but our IO letter was way nastier than yours so be heartened about that at least.

We are addressing the why-nots like this:

We do not have leases together but we didn't explain why we didn't have leases together the first time we sent our package. Second box of proof will include our mortgages for 2 houses and 1 duplex all purchased before we go together along with rental agreements for tenants and explanation of why my old unit is more cost effective to keep as an office for us but I no longer physically reside there just use the desk and storage.

We don't have joint car loans. Now we are sending car titles for our cars that were purchased before we got together.

Why are our utility bills not at the same place. All our bills and mailing addresses had been established for years.

No real mail at the big house. She uses a PO Box and I use the Office Address. We only get deliveries to the house and email most everything anyways.

etc...

Hope that helps a bit.
 

AllisonVSC

Champion Member
Nov 5, 2009
1,455
64
124
Category........
Visa Office......
Buffalo - Conjugal Partner
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2009
Interview........
waived
VISA ISSUED...
04-11-2009
LANDED..........
04-11-2009
Hi Getushome,

I'm somewhat confused by what you plan to send. Your focus seems to be on showing why you don't have this and that but you also say the IO wants further proof that you are in fact common law. Be sure to include evidence that you DO qualify as common law, not just an explanation of why you don't have certain types of evidence.
 

GetUsHome

Star Member
Mar 24, 2011
184
7
Oh we have plenty of new do's as well the do's we originally sent (and suspect the IO didn't even look at).

What we left was some black voids of information the first time we sent the package. We didn't explain why we didn't have certain things.

The OP doesn't have a lease with boyfriend because he owns his house or rents it already. I don't think the OP sent a copy of the mortgage or lease that predates their relationship as common-law that shows there is no need for a residential joint lease. Ditto with utilities, etc.

We have learnt the hard way that IOs want every section of the financial, physical, emotion and social joining accounted for. So if you can't account for something they expect you better have a reason why not and to explain it to them with documented proof.

It is better to have do's but if you have dont's you gotta explain them.

AllisonVSC said:
Hi Getushome,

I'm somewhat confused by what you plan to send. Your focus seems to be on showing why you don't have this and that but you also say the IO wants further proof that you are in fact common law. Be sure to include evidence that you DO qualify as common law, not just an explanation of why you don't have certain types of evidence.
 

GetUsHome

Star Member
Mar 24, 2011
184
7
Get a letter from your veterinarian stating that you BOTH attended appointments for the dog . And any other professional that has see you as a couple for that matter.
 

MizzCanAm

Full Member
Mar 29, 2010
43
3
Category........
Visa Office......
Buffalo, NY
Job Offer........
Pre-Assessed..
App. Filed.......
08-11-2010
AOR Received.
27-01-2011
Med's Done....
12-08-2010
Passport Req..
06-12-2011
VISA ISSUED...
20-12-2011
LANDED..........
09-03-2012
I am still living here in Canada and when I went back to the states in Nov 2009, my BF came with me as this is when he usually goes to the states for hunting. I came back to Canada with him when his hunting trip was over (10 days). I go to the states every few months to help out my mother when she needs me. Other than that, I am here in Canada. When I come to the border I tell them I am staying for 2 months (3 at the most, also could be less) and that I have to go back and help my mother due to her cancer. They don't send me to secondary since I have an application in process and even if I get a visitor visa, it will be no good when I go back to the states. Then upon re-entry to Canada, I would have to get another visitor visa. I figure the less time I go to secondary, the better off I am. I didn't know I would have to prove that I was here by having a visitor visa.

My BF already owns his house and mortgage is paid off. Didn't see the reason to put me on it. Same with the utilities, why add me just to add me.
 

GetUsHome

Star Member
Mar 24, 2011
184
7
My BF already owns his house and mortgage is paid off. Didn't see the reason to put me on it. Same with the utilities, why add me just to add me.
That is exactly what we said. Why add each other to the mortgages, utilities, etc? It is a waste of $$ we do not have to waste. But we didn't explain it well enough if at all and we didn't send any proof to substantiate our claims.

So we got the same letter you did. Now we are sending more/further/new proof in each of the 4 categories (financial, physical, emotional and social) that refutes the not living together issue we have.

Your IO is expecting you to have a joint lease/mortgage. You don't! Why not? Got proof?

Can you get neighbors to write letters that state you live together?