common-law sponsorship enough documents?

[franzugz]

Hello,

I’m currently in the process of sponsoring my common-law partner under the family sponsorship class. I’m a permanent resident of Canada since May 2004 but I decided to go back to the Philippines in May 2009 - May 2012 to finish my university education there and I stayed there for 3 years. During my stay in the Philippines, I met my partner and we started living together from November 16, 2010 to April 30, 2012 and therefore became common-law status on November 16, 2011.

We have a joint bank account, life insurance naming each other as beneficiary, my pension also names her as my common-law partner and beneficiary. My option C printout from CRA also names her as my common-law partner.

The problem I have is that I don’t have any document showing we shared the same address. The lease contract for the apartment we both lived in only has my name on it because it was drafted before we moved in together. Our utility bill is named under the owner of the apartment unit we’re renting. Phone bill is named under my name because it’s usually registered under one person. We have prepaid phones as well so no statement. What we did is my partner signed an affidavit that we did both lived together in the same place for the said period. Do you think that would be sufficient proof for cohabitation? We have a lot of pictures showing we do live together and doing normal house chores – cooking, cleaning, etc.

The other problem I have is that when I renewed my Permanent Resident card back in September 2013, I called CIC call centre and asked them about what I should put under my marital status and I explained to them that I wasn’t living with my common-law partner anymore because I had to move due to fulfill my residency requirements but there was no breakdown in relationship. They told me I should indicate “Never Married” and that’s what I did. Now, I’m worried that it might have an effect on my application. What’s your opinion regarding that?

I’m almost done filling out all the forms and gathering the necessary documents. All that’s left is for my partner to send it to me here in Canada so I can sign it and send it to CIC.

I appreciate any advice you can provide.

 

[canadianwoman]

Mail addressed to both of you at the same address can be used. Usually they want the envelopes too to prove it was mailed. If you haven't kept anything like that, have you any mail from 'official' sources to one or both of you at the same address? Such as letters from a bank, a hospital or doctor, the government, etc.?

You can also get a letter or affidavit from the landlord stating he knows you were living with your partner. Similar letters from neighbours, family, and friends can also be used. Again, a letter from someone who knows you in an official capacity might carry more weight: a doctor, dentist, lawyer, religious leader, etc. could write a letter stating how they know you and that they know you two were living together.

Putting 'never married' when you renewed your PR card should not be a problem.

 

[franzugz]

Thank you for your response canadianwoman. Unfortunately, since I knew that I would have to leave Manila by 2012 when I finished my education, we decided to make the mailing address for our joint bank account different from our residential address (We made it my parents' address - we still get mail from the bank regarding our statement even up to now). My partner gave me a credit card extension as well and the letters we receive have both our names also but that was already after I moved to Canada and it is addressed to her current residence (different from our leased condo unit).

I made the lease contract with the owner of the condo thru a rental agency hence I never met the person - I tried contacting the agency but they are already out of business. The person has a common name in our country and I searched him on the internet with hundreds of same name. The building administration doesn't give any contact information about the owner due to confidentiality reasons and they too don't want to provide a statement saying we did live together in the said condominium.

I do have statutory declarations from family and friends stating that we did live together.

When I contacted CIC again after talking with some people that said CIC call centre might have given me an incorrect advice, CIC said they don't have the same system as CRA where you can change your marital status online and they don't recommend sending a letter stating the change in marital status. What they advised me is to write a letter and include it in my application when I apply to sponsor my common-law partner. Just to confirm, we became common-law status in November 16, 2011 but the PR card renewal was September 2013 - 2 years after we became common-law and I declared "Never Married". You think it won't be a problem?

I'm just afraid they might charge me with misrepresentation even though I just followed the advice I was provided by their office.

Thank you again and I really appreciate your response.

 

[canadianwoman]

If it was your first PR card where you said you were single when actually you were common law, then yes, you would not be able to sponsor your partner and you would be liable for misrepresentation. But this was a renewal. You are just renewing the card, not your PR status. As long as you became common law after you landed as a PR, it should be fine. Writing a letter explaining the advice from the call centre and including it with your application seems like a good idea.

 

[franzugz]

Yes it was my 2nd PR card renewal. Thank you very much for your help canadianwoman