Is it likely that our application will not be accepted?

[LAtoVancouver]

My boyfriend and I had lived together for a year while he was on his OWP permit in Canada which sadly only lasted a year. He stayed for a 6 months longer as a visitor but has now moved to Washington. We love each other very much and just want to be together but are afraid we don't have enough of the hard evidence documents that we need. We opened up a joint bank account, have both our names on the residential lease while we lived together, but don't really have a lot of other evidence. As a medical student going into my last year of school I don't have an income and am afraid that might also hurt our chances. We do however have a dozen copies of the tickets for the trips we made to see each other while we were doing long distance, pictures, and have support from our family and friends. Would that be enough? Please help

 

[Futurism]

Edit: Message deleted due to incorrect information. Thank you, canuck_in_uk.

 

[canuck_in_uk]

It sounds like you would have enough proof for his permanent residency if you guys still lived together in Canada. But since he lives in Washington now, I doubt CIC will accept his PR application through common-law.

Incorrect. Once common-law is established, a couple can live apart.

We opened up a joint bank account, have both our names on the residential lease while we lived together, but don't really have a lot of other evidence.

As a medical student going into my last year of school I don't have an income and am afraid that might also hurt our chances.

We do however have a dozen copies of the tickets for the trips we made to see each other while we were doing long distance, pictures, and have support from our family and friends.

The lease and the bank statements (provided they cover at least a year) are good proof. Did neither of you receive any mail at that address while living together? Joint utilities? Cell phone bills? Tax documents? Payslips? Credit card statements? You will need 2 Statutory Declarations from family/friends stating that you are common-law and in a genuine relationship.

You don't need an income. You need to show that you can support yourselves in Canada without welfare. You can show savings, his income, family assistance, a plan for the future, income potential etc. Given that you will be finishing medical school soon, I imagine that your income potential will be more than enough.

These are good relationship proofs but not common-law proofs.

 

[LAtoVancouver]

We do have some mail, payslips and some statements. However most of our bills and statements are paperless but do include the address. Would printing out those be ok? Also what would be considered good common-law proofs?

Also for the Schedule A IMM5669 if my bf was denied entry to Canada once at the border how much would that hurt our application?

Would he have to answer yes or no for these questions:

"Have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:"

d) been refused refugee status, an immigrant or permanent resident visa or visitor or temporary resident visa, to Canada or any other country?

e) been refused admission to, or ordered to leave, Canada or any other country?

Thank you for your help

 

[MilesAway]

You have to answer yes. It won't hurt your application if you declare it. If you say no, then you could be deemed to be misrepresenting yourself and get a 5 year ban.

 

[LAtoVancouver]

So even though he is an American citizen and doesn't require a visitor visa to visit, but just a passport, would he still answer yes to both or only yes to question e? Also an explanation should be attached correct?

 

[MilesAway]

I believe only to e. There is a section below (or there was when we applied) to give details if you answer yes to any of the questions.
If you explain that he was refused entry, then you should be fine. It's if you answer no that you run into problems.

 

[LAtoVancouver]

Thank you for all your help milesaway. How in depth should we go into the explanation for being denied entry into Canada?

 

[canadianwoman]

For d, no; for e, yes. He has to put 'yes, and explain for this question. Yes, it is a problem for his application, but a far bigger problem will be caused by not mentioning he was refused entry. In addition, it is not that big of a problem: he has to explain the circumstances, but Americans are sometimes denied entry, and yet later are approved for a PR.
Explain that he was trying to enter Canada to visit you, and was refused for whatever reason they gave.

For common-law sponsorship, you have to prove two things: 1. that your relationship is genuine; and 2. that you have lived together for 12 continuous months. It sounds like you have enough proof of 1. For 2, you need things like a joint lease, a bank account and credit cards in both names, and utility bills in both names. They could also be bills in one name, but with statements showing the same address. Letters and payslips are also good. These have to cover the 12-month time period. Printing out ebills is fine.

You can also get letters or affidavits from friends, family, and other people who know you stating that they believe that your relationship is genuine, and that they know you lived together for 12 months.

 

[canuck_in_uk]

We do have some mail, payslips and some statements. However most of our bills and statements are paperless but do include the address. Would printing out those be ok? Also what would be considered good common-law proofs?

Also for the Schedule A IMM5669 if my bf was denied entry to Canada once at the border how much would that hurt our application?

Yes, printing those out are OK. Good proofs are the ones that I listed.

Yes, he needs to admit that he was refused entry. It won't have any effect on the app.

Yes, it is a problem for his application

It will not be a problem for the application.

 

[canadianwoman]

I was worried that they would end up doing what too many people have done: think it is a terrible problem, and so not mention it. That would be the big problem.
Mention it, explain it, and it should not be an issue.
Keep in mind that two refused TRVs were enough to be a problem on my husband's application. Both of them were to visit me. Granted he is not an American.

 

[canuck_in_uk]

Keep in mind that two refused TRVs were enough to be a problem on my husband's application. Both of them were to visit me. Granted he is not an American.

Though you may not like it, two refused TRVs for a person from a developing country is a far different situation than an American being refused entry at the border.

 

[canadianwoman]

Agreed.

 

[BonManush]

My wife was denied TRV twice before we even knew each other. She was also holding visitors visa to America at one of those times. In fact, we got married in the states. She's from a developing country. Our spousal sponsorship was processed normally. It all depends how you present your case...