Common-law application rejected because of missing Marriage Certificate?

[arnaud]

Hi there,

We got back my common-law partner's PR application in the mail today, after waiting 6 months for the AOR. The reason:

The following identity documents have not been included or do not meet the requirements for processing:
-Marriage certificate

I am very confused as to the reason, how can we provide a marriage certificate since we are applying as common-law? Is there anything I can do to get the application processed again without having to wait another 6 months for the AOR or another nonsensical rejection? Even if I had to send the application again, I still wouldn't be able to include a marriage certificate anyway...

Any insight on the reason of this rejection and the next steps would be greatly appreciated

 

[k.h.p.]

Was your common-law partner ever married to someone else? Have you accidentally somewhere in the application forms ticked a box that said you were married?

Other than that, I'm sorry, that's a horrible outcome. You can't provide a marriage certificate if you're not married, obviously, but other than writing a very strongly worded cover letter and resubmitting everything (checking to see form changes, etc.) I'm not sure if you can skip the queue.

 

[arnaud]

Thanks for your reply, and for commiserating with us!

No, neither I nor my partner were ever married to anybody else. And yes, I just went through every form again and nowhere does it say we were married and we clearly applied as common-law.

I'm so angry that we'll have to put our plans on hold and wait for another 6 months for anyone at IRCC to even look at the application again, through no fault of our own. And with the knowledge that our application may be rejected again.

I get that IRCC is swamped, but there's gotta be checks and balances when you deal with people's futures. This is just not acceptable.

 

[k.h.p.]

Thanks for your reply, and for commiserating with us!

No, neither I nor my partner were ever married to anybody else. And yes, I just went through every form again and nowhere does it say we were married and we clearly applied as common-law.

I'm so angry that we'll have to put our plans on hold and wait for another 6 months for anyone at IRCC to even look at the application again, through no fault of our own. And with the knowledge that our application may be rejected again.

I get that IRCC is swamped, but there's gotta be checks and balances when you deal with people's futures. This is just not acceptable.

Definitely write a cover letter explaining all this and how you checked all the forms (and now make new ones in case the old ones have changed since you submitted) and politely but firmly ask that since it was an IRCC error that resulted in your application being returned, that some consideration be given to your delay.

I hope something good will happen...

 

[frange]

Thanks for your reply, and for commiserating with us!

No, neither I nor my partner were ever married to anybody else. And yes, I just went through every form again and nowhere does it say we were married and we clearly applied as common-law.

I'm so angry that we'll have to put our plans on hold and wait for another 6 months for anyone at IRCC to even look at the application again, through no fault of our own. And with the knowledge that our application may be rejected again.

I get that IRCC is swamped, but there's gotta be checks and balances when you deal with people's futures. This is just not acceptable.

Sorry for that.

When did you send the application?

 

[armoured]

I'm so angry that we'll have to put our plans on hold and wait for another 6 months for anyone at IRCC to even look at the application again, through no fault of our own. And with the knowledge that our application may be rejected again.

Very sorry this happened to you. k.h.p.'s suggestions are the best way I can think of to proceed.

Little comfort but IRCC does appear to be catching up and processing most to AOR stage far more quickly than was the case for those submitted in the march-september period (peak of covid lockdowns and before they'd come up wth different procedures)

 

[Copingwithlife]

Hi there,

We got back my common-law partner's PR application in the mail today, after waiting 6 months for the AOR. The reason:

The following identity documents have not been included or do not meet the requirements for processing:
-Marriage certificate

I am very confused as to the reason, how can we provide a marriage certificate since we are applying as common-law? Is there anything I can do to get the application processed again without having to wait another 6 months for the AOR or another nonsensical rejection? Even if I had to send the application again, I still wouldn't be able to include a marriage certificate anyway...

Any insight on the reason of this rejection and the next steps would be greatly appreciated

Go over that application with a fine tooth comb to make sure you have not done ANY errors, have a friend go over it for any errors . Find none ?
Contact your MP

 

[arnaud]

Sorry for that.

When did you send the application?

It was Nov 3rd if I recall correctly

 

[arnaud]

Thanks all for the suggestions, it is really appreciated! I did go over the whole application again yesterday (like most people here I'm sure, I already went over it like 10 times before sending it) and nowhere in there does it say anything to suggest we are married, and I didn't find anything else that was wrong or missing. I have contacted my MP and in the meantime started gathering up-to-date documents for round 2. I'll also include a letter explaining what has happened and ask that my application be placed in its original place in the queue (although I don't have high hopes of that happening at this point).

Hopefully this time it ends up in the hands of someone who knows what they're doing!

Thanks again!

 

[Idrissrafd]

Did you get your temporary number ? XF....?

 

[Naheulbeuck]

...

One thing you can check is whether you got the right package in the first place. There are two separate package which are almost identical BUT:

The checklist, also almost identical, is different regarding some documents for the relationship AND the name at the top is different:

Document Checklist
Common-Law Partner

vs

Document Checklist
Spouse

If yours says Spouse, that would explain why it got returned. Their very first step is to make sure you have all the documents required in that checklist. With the wrong checklist the officer would probably not check your answers but just assume it is a married couple and therefore require the Marriage certificate.

If that is not the case, do as much as you can (MP and all) to get in the queue, if it is the case, then make sure before resubmitting that you fill the proper checklist and still include the letter asking to be prioritized, just in case, but while at least understanding a bit of a reason why it went wrong.

 

[k.h.p.]

Thanks all for the suggestions, it is really appreciated! I did go over the whole application again yesterday (like most people here I'm sure, I already went over it like 10 times before sending it) and nowhere in there does it say anything to suggest we are married, and I didn't find anything else that was wrong or missing. I have contacted my MP and in the meantime started gathering up-to-date documents for round 2. I'll also include a letter explaining what has happened and ask that my application be placed in its original place in the queue (although I don't have high hopes of that happening at this point).

Hopefully this time it ends up in the hands of someone who knows what they're doing!

Thanks again!

Wishing you success. I'm really sorry this happened.

 

[dreamscanadian]

Did you submit a IMM 5409 - Statutory Declaration of Common-Law Union? If not, I'd recommend putting that in there too.

 

[arnaud]

Did you get your temporary number ? XF....?

yes I did

 

[arnaud]

One thing you can check is whether you got the right package in the first place. There are two separate package which are almost identical BUT:

The checklist, also almost identical, is different regarding some documents for the relationship AND the name at the top is different:

Document Checklist
Common-Law Partner

vs

Document Checklist
Spouse

If yours says Spouse, that would explain why it got returned. Their very first step is to make sure you have all the documents required in that checklist. With the wrong checklist the officer would probably not check your answers but just assume it is a married couple and therefore require the Marriage certificate.

If that is not the case, do as much as you can (MP and all) to get in the queue, if it is the case, then make sure before resubmitting that you fill the proper checklist and still include the letter asking to be prioritized, just in case, but while at least understanding a bit of a reason why it went wrong.

Yup, sent the Common-law package. That's why it just blew my mind, the checklist literally says in all caps COMMON-LAW PARTNER