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
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