Proof of cohabitation?

[Craveman]

Hey guys

My girlfriend and I have applied for PR under the Family Sponsorship application. Our application has been sent off more than a year ago and CIC finally sent us an email requesting more information regarding our cohabitation. They pretty much said that they have doubts that we were living together for more than a year to qualify for the application.

Proving that we were living together would be difficult as we met while traveling (June 2012) and continued to travel until December 2012. She then stayed with me in South Africa until February 2013 and left for Canada to pack her things to come back to South Africa, which was in 9 July 2013. After a few months she had to leave again because of a 3 month max limit and decided to travel Europe. She came back December 2013. We continued to stay together until we both did an overland Africa trip from March 2014 until May 2014. During that time we decided to go and settle in Canada for good. She left for Canada June 2014 while I left July 2014.

So as you can see, we traveled a lot and never settled in one place for long. We were always in a solid relationship during that time. My mom owned the flat where we stayed so it was never necessary to sign a lease or even joint back account. My question is thus, would we fail to qualify as living together in a conjugal relationship because of intermittent time frames and traveling or would/could we qualify? What proof can we give CIC? Letters from friends/family?

I'd appreciate any inputs as this is a slightly different scenario because of all the traveling we did during that time as well as my girlfriend's limited 3 month period allowed while in South Africa.

Many thanks

 

[Rob_TO]

My question is thus, would we fail to qualify as living together in a conjugal relationship because of intermittent time frames and traveling or would/could we qualify?

Quite possibly yes, your app can be refused. Especially since CIC has already responded to your app that they're having doubts about your common-law status.

The 12 months of qualifying for common-law must be continuous. So basically anytime one of you left for another country for a longer duration (say 3-4 weeks or longer), the cohabitation would have ended, and 12 months clock would have started over again from zero the next time you were physically together again.

The reason for one of you leaving at any of those times, is irrelevant.

What proof can we give CIC? Letters from friends/family?

Letters help, but they are hardly solid proof as they are the easiest thing for people to fake. CIC is looking for solid proofs of cohabitation such as joint lease agreements or receipts that showed you stayed in the same home, joint accounts (credit card, bank, phone, utilities, etc) showing you share same address, mail to each of you going to same address, and any other types of documents that may show same address.

In your mom's case, it's better if you sign a post-dated lease agreement with her and not just a letter.

In your case there's a chance CIC will ultimately reject your common-law claim and deny the PR app. If this happens you can re-apply, this time making sure you have more solid proofs of cohabitation for the latest 12 months time.

 

[scylla]

Did you have one year of continuous cohabitation at the time you applied? The key is that the year has to be continuous (i.e. without a break). Based on what we've seen on this forum, CIC generally seems to be OK if there's a break in cohabitation of 2-3 weeks during the 1 year period. If it's any longer, CIC tends to say that the year wasn't continuous.

When did you submit your application and during the year preceding your application, how many times were you separated and for how long?

 

[Craveman]

Hey Rob and Scylla

Thanks for your replies! It is much appreciated. Ok so we applied for the application December 2014 (CIC sent an email informing us that they received our application then). We started living together in Vancouver when I arrived in July 2014. We have a signed lease agreement for that. During that time I have been back to South Africa once which was during June/July 2015 for around 6 weeks. I guess if CIC only allow for a break of 2 to 3 weeks max then I would be penalized due to that?

So if CIC decline my application do we need to start the whole process again? Same waiting time and having to pay yet again for everything?

 

[scylla]

If you applied on December 2014, then you needed to provide evidence that you have cohabitated from December 2013. Did you include proof in the application for December 2013 forward or just Julye 2014 forward? (July 2014 forward isn't enough.)

If your application is refused, the Right of PR fee will be returned. The rest will have to be paid again when you reapply. The waiting times will start from scratch when you reapply.

 

[Craveman]

We gave as much evidence as we could dating all the way back to June 2012 (which is when we met). As I mentioned, that was the time we traveled together and we made sure to give them as much evidence as possible like passport stamps entering countries at the same time, photographs, facebook screenshots of our Facebook posts, etc. Here is a layout of our time frame together:

19 December 2012: We arrived in SA and started living together
Feb 2013: Girlfriend flies back to Canada (because of limited 3 month visa for SA and to pack)
March - April 2013: I visited my girlfriend in Canada
July 2013: Girlfriend flies back to SA to live with me
September 2013: Girlfriend leaves to travel Europe for 3 months
19 December 2013: Girlfriend returns from Europe and stays with me.
March 2014 - May 2015: Girlfriend and I did an Africa overland trip
13 June 2014: Girlfriend arrives in Canada
27 June 2014: I arrived in Canada and we lived together for no breaks during that time
23 December 2014: CIC acknowledge receipt of our application

So it seems that we have a 2 week gap of not been together which was in June when my girlfriend came to Canada. Are they that strict that they would deny our application just because of that? It was during our move so I had things to sort out before coming over here. We will have a hard time proving that we lived together as any mail was sent to my mom's business address which is where I worked. I could get a lease agreement from an estate agent I guess as well as life insurance on which my girlfriend is the sole beneficiary.

 

[scylla]

Anything before December 2013 doesn't matter since you had a thee month break from September to December which CIC will see as a break in continuous cohabitation and which will reset the 1 year count. So again, the key period is December 2013 to December 2014. I don't think it's possible for any of us to say what CIC will do - it's really up to them to decide whether you have provided enough evidence. They will be looking for at least some of the following that covers that entire period: joint utility bills, letters sent to the same address, joint leases, joint bank accounts with same address, joint credit cards, etc.

What evidence did you provide for December 2013 to June 2014?

 

[Rob_TO]

19 December 2013: Girlfriend returns from Europe and stays with me.
March 2014 - May 2015: Girlfriend and I did an Africa overland trip
13 June 2014: Girlfriend arrives in Canada
27 June 2014: I arrived in Canada and we lived together for no breaks during that time
23 December 2014: CIC acknowledge receipt of our application

So it seems that we have a 2 week gap of not been together which was in June when my girlfriend came to Canada. Are they that strict that they would deny our application just because of that? It was during our move so I had things to sort out before coming over here. We will have a hard time proving that we lived together as any mail was sent to my mom's business address which is where I worked. I could get a lease agreement from an estate agent I guess as well as life insurance on which my girlfriend is the sole beneficiary.

Sounds like you started your common-law qualifying on 19 Dec 2013, and became officially common-law on 19 Dec 2014. I hope you didn't send in the PR app anytime before Dec 20, 2014??? If you did send it earlier, then at time of app you would not have been common-law so it will almost certainly be eventually rejected.

CIC will probably not deny an app due to a 2 week break. They would deny it because there doesn't actually seem to be any proof you cohabited together for much of this time. Passport stamps, facebook posts, photographs, etc are proof you were in a relationship, but aren't really solid proofs of cohabitation. You need to submit real proof like official lease agreements or the insurance policy you mention (assuming it shows both your names and same address on it).

 

[Craveman]

Passport stamps, facebook posts, photographs, etc are proof you were in a relationship, but aren't really solid proofs of cohabitation. You need to submit real proof like official lease agreements or the insurance policy you mention (assuming it shows both your names and same address on it).

This is actually the real issue for us at the moment as we didn't get a joint bank account (we had our own separate), lease agreement (it was my mom's flat), utility bills (paid for by mom's business), letters to that address (sent to business address instead), life insurance (sent to business), etc. The best we could do is get a lease agreement from our estate agent dating back to December as well as affidavits from friend(s)/family stating that they knowing of us living together at the same address...Speaking of which, do any of you know a downloadable affidavit PDF for something like that? If this is not enough proof then I guess we're a little screwed.

So if CIC denies our application due to insufficient proof of cohabitation, what would be our plan B? Get married in Canada and reapply under a new category? Which would that be?

Plan C: Move back to SA and apply under the out-land application?

Thanks again for all the replies. It means a lot

 

[Rob_TO]

So if CIC denies our application due to insufficient proof of cohabitation, what would be our plan B? Get married in Canada and reapply under a new category? Which would that be?

Plan C: Move back to SA and apply under the out-land application?

You didn't answer the question, what exact day did you mail in your application?

If CIC denies the app due to insufficient proofs, you can apply again as common-law immediately any way you choose (outland or inland). Even if your partner is in Canada, can still apply outland for quicker processing time.

i.e. say your app is refused July 2016, you can apply again say Aug 1, 2016. You would just need to make sure to provide sufficient cohabitation proofs for the most recent 12 months (so in this example Aug 1, 2015 - Aug 1, 2016). This would overcome the initial reason you were refused.

If you still don't have good proofs of cohabitation, the easier way would be to get married and then apply.

 

[VancouverIsland]

You didn't answer the question, what exact day did you mail in your application?

If CIC denies the app due to insufficient proofs, you can apply again as common-law immediately any way you choose (outland or inland). Even if your partner is in Canada, can still apply outland for quicker processing time.

i.e. say your app is refused July 2016, you can apply again say Aug 1, 2016. You would just need to make sure to provide sufficient cohabitation proofs for the most recent 12 months (so in this example Aug 1, 2015 - Aug 1, 2016). This would overcome the initial reason you were refused.

If you still don't have good proofs of cohabitation, the easier way would be to get married and then apply.

Hello Rob_TO
we are having difficulties with our application. Can you please give us some advice?

We are December 5th applicant. We lived 2 years together and got married and we sent our inland application as spouse sponsorship. Now they're asking proof of cohabitation for at least 1 year. As far as i read on this forum they require this only from common law applicants. i do not understand we are married and sent our marriage certificate twice(with mail original one also online via gckey) We only have utility bill for over 10 months. I couldn't be added on the joint bank account because all my ids are expired by the time we got married. We recently went to different branch and they were able to open joint account. We also wrote explanation letter. I feel so down and my wife (sponsor) is pregnant now. I'm denied refugee claimant and this is my second application with second wife because i got married and sponsored by my ex wife before but we had a marriage breakdown and she cancelled the sponsorship. I'm out of status and don't know what else to do besides going to see MP

 

[Copingwithlife]

This should not of been a surprise .You were advised in previous postings that more than likely your application would be highly scrutinized, and now it is

 

[VancouverIsland]

This should not of been a surprise .You were advised in previous postings that more than likely your application would be highly scrutinized, and now it is

this is what we were expecting except the proof of relationship. We submitted whatever we have . Hopefully they wont reject our application. Do not know what else can be done.

 

[canuck78]

this is what we were expecting except the proof of relationship. We submitted whatever we have . Hopefully they wont reject our application. Do not know what else can be done.

You should have been collecting information while you waited for both your divorces and bankruptcy to be finalized.

 

[VancouverIsland]

You should have been collecting information while you waited for both your divorces and bankruptcy to be finalized.

We did not think of it much. We found this forum 2-3 months before we applied. We could not wait any longer because i am out of status.