Please help! Manila Office - Common-law - Additional document request!

[McKenzie]

Hi guys,
I'm an applicant who applied Family Class Sponsorship - Common-law; in this year, February 2014. And I'm from Korea, here's our timeline;

Application sent ; Feb, 27
Sponsor Approved ; Mar, 28
Additional Document Request ; July, 22

I was just looking at you guys story in this forum, because I was not sure that I will meet the requirement, seems like hopeless.....
Anyway, got an email from Manila Office today, says "based on the information and documentation before me, I am not satisfied that you have
established having cohabited for a period of at least one year."

Question ;

I already sent ALL OF DOCUMENTS I believe, such as more than 50 photos of us(with his family too), Joint account, Letter from friends and relatives, phone call history(?) through FaceTime, and 11 pages of conversation in SNS messenger...ETC.

What else can I send to the visa office as an evidence(?). Also they asked me provide Police record check and Appendix A at the same time. totally lost now.....sigh. Any advise, guys? I really need your help if you don't mind!



Regards,
McKenzie

 

[rhcohen2014]

if you applied through commonlaw, you have to proveyou have lived TOGETHER for 365 consecutive days PRIOR to submitting the application. You can do this by showing a residential lease with both names at same address, mortgage in both names, driver's licenses with the same address, proof of tax status as commonlaw, listed as beneficiaries on insurances, etc.

In canada, in order to be legally considered commonlaw, a couple must cohabitate (live together) for at least 365 consecutive days. If you can't prove this, CIC will not recongnize the relationship as commonlaw, and the application would be rejected.

 

[scylla]

You need to prove that you have been living at the same physical address for at least a year. What evidence have you provided to prove this? Joint lease? Joint property ownership?

Some of the evidence you have listed proves that you are in a relationship but doesn't prove you are common law (e.g. photos, emails, etc.).

 

[Rob_TO]

I already sent ALL OF DOCUMENTS I believe, such as more than 50 photos of us(with his family too), Joint account, Letter from friends and relatives, phone call history(?) through FaceTime, and 11 pages of conversation in SNS messenger...ETC.

All of that just proves you are a genuine couple, not that you lived together.

Does the "joint account" you mentioned also state your shared address and date back to when you first started living together?

To add to list in above post, can also submit:
- mail addressed to each of you, delivered to shared address
- joint bank account, or supplementary credit card in partners name, with bill showing shared address
- show you've changed to common-law status with your employer (if applicable)

 

[McKenzie]

Thank you for the kind-fast reply, rhcohen2014, scylla, Rob_TO!

First, we were live in his parents place together since we met. and I was stay in Canada only for a year and 4 month as a working holiday visa.
Joint bank account and some mails with the same address already sent it.
I don't think we sent credit card information, should we send?
and, sorry, no driver licence for me. No mortgage needed it since we lived in his parents place. (maybe later..haha!)
Luckily he got a tax-return last month with my name, do you guys think it can be the proof as well?

and, Rob_TO, I will try to get a letter from my employer, she already knows I'm in common-law relationship, and I also provided the same address when I get a job. and...my boyfriend may ask his employer I believe.


....Thank you so much again, I was really nervous and sad...getting better now with your kind attention! <3

 

[Rob_TO]

Luckily he got a tax-return last month with my name, do you guys think it can be the proof as well?

Definitely yes, if it shows your shared address and your name it will help a lot. If your partner can log into the CRA website, it should also show the effective date that you became common-law for tax purposes

and, Rob_TO, I will try to get a letter from my employer, she already knows I'm in common-law relationship, and I also provided the same address when I get a job. and...my boyfriend may ask his employer I believe.

In our case we applied common-law, i was sponsor and my Korean partner was here on working holiday visa. As soon as we became officially common-law (after 12 months), I changed my status with my Canadian employer to include her as my common-law spouse for benefits. This also showed the effective date of becoming common-law.

Add lastly, if you lived with his parents make sure they write a certified/notarized declaration that you were living there from date X to Y. It means they will need to personally bring the letter to a lawyer or someone that can certify documents. This will act as your official lease/rental agreement.

 

[McKenzie]

Definitely yes, if it shows your shared address and your name it will help a lot. If your partner can log into the CRA website, it should also show the effective date that you became common-law for tax purposes

Okay, by the way, he just passed citizenship few weeks ago, was permanent resident.

In our case we applied common-law, i was sponsor and my Korean partner was here on working holiday visa. As soon as we became officially common-law (after 12 months), I changed my status with my Canadian employer to include her as my common-law spouse for benefits. This also showed the effective date of becoming common-law.

After 12 months, and 1 more month I had to come back to Korea since my visa is expires soon...

Add lastly, if you lived with his parents make sure they write a certified/notarized declaration that you were living there from date X to Y. It means they will need to personally bring the letter to a lawyer or someone that can certify documents. This will act as your official lease/rental agreement.

Oh, okay then I will ask his parents to visit lawyer or notary public. Thanks. !!

 

[little_apple]

Your case is not looking very hopeful,
It looks like you lived in the same home but not as common law....

I feel that yours is a rejection.....
you can just take it and move on....

other option is to get married and apply again.....

you may chose to appeal the decision you can do it,
but will take very long to get an answer... a few years...
maybe up to 5 years....

From outside it looks like he is marring you to gain permanent status....

Pictures and chats don't prove common law...

And not having a way to prove that you were living together as a fact,
like having a lease under both names makes things very difficult for you to prove....

don't keep your expectations to high.... I don't see them changing the decision.... :-[

If they can prove common-law status with CRA and joint tax return + notarized letter from his dad that they lived with him the whole time then there is PROOF for a common-law relationship and they have a chance to get approved. It's not a lot of proof but maybe she's able to get some more notarized letters from friends, family and employer.

What are you talking about "he is marring you to gain permanent status"? Her partner is Canadian citizen and she is applying for PR.

Pictures and chats don't prove common-law, but they prove that the relationship is genuine

 

[little_apple]

We didn't have a joint lease/utility bills either. We just went to our landlord and he wrote us a letter.

 

[Rob_TO]

The problem is that she is living there when she got to Canada....
that is the main problem.... and yes, she lived there, but not as a common law....
Letter from their parents wont prove very much...

So?? What does starting to live there after moving to Canada have anything to do with it? If they were already a couple before that time, it's a perfectly normal situation.

And if the home was the parents home, then a certified declaration from parents is essential.

You should stop scaring the OP. Many people get asked to submit additional proofs, do so, and then are approved.

We too didn't have a joint lease, or joint utility bills. But were approved no problem.

 

[McKenzie]

Thank you for helping me, guys! I successfully received my PR last month and landed.
Especially, little_apple, and Rob_TO!
Hope you guys have a good time in Canada, I wish you a happy new year!! :-*

McKenzie <3