Procedural Fairness Letter-

[Louman64]

Hi to all , this the letter that my common law received from IRCC,

"You have indicated that you are the common law partner of XXXXX subsection 1(1) of the Immig and Refu Protec Regulation defines a common law partner as , in relation to a person , an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

However based on the info and documentation before me, I am not satisfied that you have established having cohabited for aperiod of at least one year.

It would therefore appear that you may not meet the definition of a common law with respect to XXXX and that you cannot be considered a member of the family class.

However, before rendering a final decision on whether you can be considered the common law spouse of XXXX , you are being provided this oportunity to respond to the above concerns by way of written submission(s) within 30 days of the date of this letter"


Has anyone received the same letter before ? your advise would be greatly appreciated!!

 

[Louman64]

By the way ... we lived together for almost seven years and had 1 kid but we seperated for about 3 years but now we settled our differences ... been back to manila 4 times already and we had another child

 

[canadianwoman]

You have to provide proof that you lived together for at least 12 continuous months. Since you lived together for almost seven years, you should have had enough proof of that. Once the 12-month period has been established, then the couple can live apart, but they will have to show that the relationship was continuing during the time spent apart, and that the plan was to continue to live together when it became possible.
So if you did not provide enough proof that you lived together for almost 7 years, get more proof of this. Then explain that you were apart for three years, but that the relationship was continuing. You can prove that by showing financial support, communication, proof of travel to visit one another, etc.
I think it is worth it to write a letter and send in this proof, since processing is almost over. However, if you actually broke up and were not a couple for three years, you would have to re-establish common-law by living together for 12 continuous months after this break-up. If you did not do so, this is presumably what the visa officer is asking about.

 

[Louman64]

Thank you canadianwoman, I sent all the necessary proof of the relationship ... I think all we can give is a letter to convince them of the cohabitation

 

[Louman64]

Has anyone experienced this and after submitting the required documents still got denied?

 

[methyl]

You can consider getting notarized statements from friends, family, landlords who witnessed you living together, if you haven't submitted that. Common shared finances - that you maintained a household together, etc.

 

[Aquakitty]

What exactly did you send them?

 

[canuck_in_uk]

By the way ... we lived together for almost seven years and had 1 kid but we seperated for about 3 years but now we settled our differences ... been back to manila 4 times already and we had another child

Did you live together continuously for a year after your separation to re-establish common-law status? If not, you are not common-law and can expect your app to be refused.

 

[Louman64]

when we decided to get back together I'm already in Canada, i just went back for holidays

 

[canuck_in_uk]

when we decided to get back together I'm already in Canada, i just went back for holidays

You are not common-law and your app will be refused.

The only possible way I can see to salvage the situation would be to marry ASAP and ask IRCC to process the app as married instead of common-law. They may accept that and continue processing the app or they may refuse it anyways and you would then need to reapply.

 

[Aquakitty]

when we decided to get back together I'm already in Canada, i just went back for holidays

You aren't answering the question. What information did you send them? Have you been living together a year since your breakup? I suspect not since you got this letter...

 

[canuck_in_uk]

Have you been living together a year since your breakup? I suspect not since you got this letter...

Answer is pretty clear from OP's post.

when we decided to get back together I'm already in Canada, i just went back for holidays

 

[Louman64]

we did not after the initial break up... as I was in canada already ... we have 2 children 18 and 10 yo the eldest is with me in canada and the youngest was born on the year i left for canada now im trying to sponsor my common law and my younger child

 

[Aquakitty]

Answer is pretty clear from OP's post.

Oops. Maybe they were really long holidays?

 

[Aquakitty]

we did not after the initial break up... as I was in canada already ... we have 2 children 18 and 10 yo the eldest is with me in canada and the youngest was born on the year i left for canada now im trying to sponsor my common law and my younger child

(Like Canuck already said) Withdraw your app before it gets denied, and go live together for the full year, or get married. Nothing else you can do. I am not sure they will change your category. I know they often don't for people who mistakenly apply conjugal, but you never know. I assume you didn't get married for a reason?