Spousal Sponsorship REFUSAL - help!

[rmurray]

Hi all,

Our spousal sponsorship has been refused, on the grounds they don't believe I meet the common-law requirements. I don't understand why, or how, and wondered if anyone has any advice. I don't think there's an appeal option, pretty sure I read that when it's refused it is refused, end of. But I'm desperate, and wanted some advice.

We applied for my boyfriend to sponsor me in September 2017. Everything went well, I had passed my medical, he was eligible to sponsor, there were no issues with my application.

At the end of July 2018 I received a request letter to send additional documents, as they weren't convinced I met the requirements for a common-law partner. We've been together since December 2015, began living together January 2016, fell pregnant June 2016. And they're doubting we'd been together since September 2016, a year before we submitted our application.

I was quite confused and surprised, because it'd been nearly a year since we applied, I'd sent in a huge amount of evidence already; a common-law declaration (signed and notarised), evidence of our joint phone bill, details of our daughters birth (she was born in March 2017, so obviously conceived in June 2016), showing us filing our taxes together, evidence of me living in the same address, lots of photos of us, and a bunch of other documents which showed, I believed, that we'd been together as long as we had (I honestly can't even remember everything I sent for the original app. it was so long ago).

They said suitable documents to send; would be common-law dec, mortgage agreement, joint bank accounts etc. My boyfriend bought the house before we met, we don't have a joint bank account, we're planning on getting married, but wanting to wait until our daughter is older and we can afford it.

So, wondering whether I'd sent the common-law dec off with my work permit application instead of visa, I resubmitted it.

Shortly afterwards I was sent the "procedural fairness" letter saying they didn't feel I met the requirements of a common-law, and I had 30 days to prove otherwise. So I immediately start panicking, and I gathered ABSOLUTELY EVERYTHING I could think of.

I sent in bank statements showing I lived at this address starting January 2016, these statements showed me sending my partner e-transfers every month, which I said was for mortgage contributions. I sent in a T4, tax return & original tax filing, a record of employment, all showing my address before Sept 2016 had been at my boyfriends house. I had my old manager write me a letter of support, saying she knew of our relationship, I had a letter from my midwife saying we had attended all our appointments together, we were a couple, etc. I resubmitted my common law declaration, I resubmitted my daughters birth certificate showing I'd obviously fallen pregnant well before September 2016.

I proved I had been living in his house for 9 months before the date they were doubting, with government issued paperwork (T4, ROE etc). I proved I fell pregnant before Sept 2016. I had letters of support from reputable people, including a healthcare provider, I had a damn common law declaration signed and notarised by a lawyer. I was 4 months pregnant at the date they're querying - in what world would all of my evidence equal not being in a committed long term relationship?

I just don't understand. And more, I'm worried I won't be able to prove it a second time, because I sent everything I have.

Is it worth calling immigration to sit on hold for an hour, to be told they can't help me? I'm so disappointed and upset. I've worked, paid my taxes, done everything right and I just don't understand. I know of couples, not married, no children, and they're accepted in 6 months! So upset right now, at the thought of sinking even more money and time into this. We barely were able to scrap the money together as new parents the first time.

Does anyone have any advice? Am I out of options for this application?

Thank you in advance for any help.

 

[chinesecanadian87]

thats unfortunate. Get married and re-apply would be my advice. you don't have to prove co-habitation for 1 year

 

[kcward7]

Hi all,

Our spousal sponsorship has been refused, on the grounds they don't believe I meet the common-law requirements. I don't understand why, or how, and wondered if anyone has any advice. I don't think there's an appeal option, pretty sure I read that when it's refused it is refused, end of. But I'm desperate, and wanted some advice.

We applied for my boyfriend to sponsor me in September 2017. Everything went well, I had passed my medical, he was eligible to sponsor, there were no issues with my application.

At the end of July 2018 I received a request letter to send additional documents, as they weren't convinced I met the requirements for a common-law partner. We've been together since December 2015, began living together January 2016, fell pregnant June 2016. And they're doubting we'd been together since September 2016, a year before we submitted our application.

I was quite confused and surprised, because it'd been nearly a year since we applied, I'd sent in a huge amount of evidence already; a common-law declaration (signed and notarised), evidence of our joint phone bill, details of our daughters birth (she was born in March 2017, so obviously conceived in June 2016), showing us filing our taxes together, evidence of me living in the same address, lots of photos of us, and a bunch of other documents which showed, I believed, that we'd been together as long as we had (I honestly can't even remember everything I sent for the original app. it was so long ago).

They said suitable documents to send; would be common-law dec, mortgage agreement, joint bank accounts etc. My boyfriend bought the house before we met, we don't have a joint bank account, we're planning on getting married, but wanting to wait until our daughter is older and we can afford it.

So, wondering whether I'd sent the common-law dec off with my work permit application instead of visa, I resubmitted it.

Shortly afterwards I was sent the "procedural fairness" letter saying they didn't feel I met the requirements of a common-law, and I had 30 days to prove otherwise. So I immediately start panicking, and I gathered ABSOLUTELY EVERYTHING I could think of.

I sent in bank statements showing I lived at this address starting January 2016, these statements showed me sending my partner e-transfers every month, which I said was for mortgage contributions. I sent in a T4, tax return & original tax filing, a record of employment, all showing my address before Sept 2016 had been at my boyfriends house. I had my old manager write me a letter of support, saying she knew of our relationship, I had a letter from my midwife saying we had attended all our appointments together, we were a couple, etc. I resubmitted my common law declaration, I resubmitted my daughters birth certificate showing I'd obviously fallen pregnant well before September 2016.

I proved I had been living in his house for 9 months before the date they were doubting, with government issued paperwork (T4, ROE etc). I proved I fell pregnant before Sept 2016. I had letters of support from reputable people, including a healthcare provider, I had a damn common law declaration signed and notarised by a lawyer. I was 4 months pregnant at the date they're querying - in what world would all of my evidence equal not being in a committed long term relationship?

I just don't understand. And more, I'm worried I won't be able to prove it a second time, because I sent everything I have.

Is it worth calling immigration to sit on hold for an hour, to be told they can't help me? I'm so disappointed and upset. I've worked, paid my taxes, done everything right and I just don't understand. I know of couples, not married, no children, and they're accepted in 6 months! So upset right now, at the thought of sinking even more money and time into this. We barely were able to scrap the money together as new parents the first time.

Does anyone have any advice? Am I out of options for this application?

Thank you in advance for any help.

Sounds like there must be more to this story. Did you have any breaks in cohab? If you were able to provide that evidence as you said what exactly was the doubt?

You can appeal but it's costly and takes years, you are better off to re apply - unless your case is exactly as you've stated, you could reach out to your MP.

 

[scylla]

Hi all,

Our spousal sponsorship has been refused, on the grounds they don't believe I meet the common-law requirements. I don't understand why, or how, and wondered if anyone has any advice. I don't think there's an appeal option, pretty sure I read that when it's refused it is refused, end of. But I'm desperate, and wanted some advice.

We applied for my boyfriend to sponsor me in September 2017. Everything went well, I had passed my medical, he was eligible to sponsor, there were no issues with my application.

At the end of July 2018 I received a request letter to send additional documents, as they weren't convinced I met the requirements for a common-law partner. We've been together since December 2015, began living together January 2016, fell pregnant June 2016. And they're doubting we'd been together since September 2016, a year before we submitted our application.

I was quite confused and surprised, because it'd been nearly a year since we applied, I'd sent in a huge amount of evidence already; a common-law declaration (signed and notarised), evidence of our joint phone bill, details of our daughters birth (she was born in March 2017, so obviously conceived in June 2016), showing us filing our taxes together, evidence of me living in the same address, lots of photos of us, and a bunch of other documents which showed, I believed, that we'd been together as long as we had (I honestly can't even remember everything I sent for the original app. it was so long ago).

They said suitable documents to send; would be common-law dec, mortgage agreement, joint bank accounts etc. My boyfriend bought the house before we met, we don't have a joint bank account, we're planning on getting married, but wanting to wait until our daughter is older and we can afford it.

So, wondering whether I'd sent the common-law dec off with my work permit application instead of visa, I resubmitted it.

Shortly afterwards I was sent the "procedural fairness" letter saying they didn't feel I met the requirements of a common-law, and I had 30 days to prove otherwise. So I immediately start panicking, and I gathered ABSOLUTELY EVERYTHING I could think of.

I sent in bank statements showing I lived at this address starting January 2016, these statements showed me sending my partner e-transfers every month, which I said was for mortgage contributions. I sent in a T4, tax return & original tax filing, a record of employment, all showing my address before Sept 2016 had been at my boyfriends house. I had my old manager write me a letter of support, saying she knew of our relationship, I had a letter from my midwife saying we had attended all our appointments together, we were a couple, etc. I resubmitted my common law declaration, I resubmitted my daughters birth certificate showing I'd obviously fallen pregnant well before September 2016.

I proved I had been living in his house for 9 months before the date they were doubting, with government issued paperwork (T4, ROE etc). I proved I fell pregnant before Sept 2016. I had letters of support from reputable people, including a healthcare provider, I had a damn common law declaration signed and notarised by a lawyer. I was 4 months pregnant at the date they're querying - in what world would all of my evidence equal not being in a committed long term relationship?

I just don't understand. And more, I'm worried I won't be able to prove it a second time, because I sent everything I have.

Is it worth calling immigration to sit on hold for an hour, to be told they can't help me? I'm so disappointed and upset. I've worked, paid my taxes, done everything right and I just don't understand. I know of couples, not married, no children, and they're accepted in 6 months! So upset right now, at the thought of sinking even more money and time into this. We barely were able to scrap the money together as new parents the first time.

Does anyone have any advice? Am I out of options for this application?

Thank you in advance for any help.

Did you apply inland or outland?

Calling IRCC won't be of any help. The call centre agents are there to answer very basic questions. They can't influence or change the decision on an application.

 

[monkeys89]

Sounds like there must be more to this story. Did you have any breaks in cohab? If you were able to provide that evidence as you said what exactly was the doubt?

You can appeal but it's costly and takes years, you are better off to re apply - unless your case is exactly as you've stated, you could reach out to your MP.

I agree. Are there any other details? Any subsidiary reasons in the procedural fairness letter?

 

[rmurray]

There's no more to the story! We went on a Christmas vacation for 3 weeks to Scotland to see my family, we entered back in no problem. We've been together the whole time. Nothing changed. I went on maternity leave when my daughter was born, I was on maternity pay, as I was entitled. We haven't been able to claim child benefits yet (she's 20months) because of the confusion between the mother and father and who receives it, and my visa stuff. Had our application denied, were then told by someone else it shouldn't have been denied, etc.

But I don't see my canadian boyfriend applying for child benefits for our child affecting our spousal sponsorship. That's the only thing I could possibly think of, but it's all different departments so I doubt they're related? If immigration canada can't access my tax information to see where I filed taxes, I doubt they take into consideration applications for child benefits that everyone is entitled to.

Literally the only issue we've been told is that they don't believe us.

Our procedural fairness stated:

"Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residence in a conjugal relationship for a period of at least one year prior to the filing of your application. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where the two parties are interdependent and have combined their affairs economically, socially, emotionally and physically. Based on the limited evidence relative to your mutual cohabitation for a period of one year, I am not satisfied that you and your sponsor meet the definition of a common-law partnership."

That was the only issue they raised. So as I said I sent my record of employment, bank statements, T4, tax return, highlighted i fell pregnant in June again, sent the common law dec again. In my eyes, proved beyond a doubt I was living there. And they've still clung to that as a reason to refuse.

My refusal letter:
"I have reviewed your file including the additional information that you have submitted on October 14, 2018. I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year at the time your application was submitted. As a result, you do not meet the definition of common-law partner."

That's literally the only explanation they've given me. And I absolutely don't understand. I got a notice of receipt that all the documents I submitted electronically had been received, so they definitely received them.

I'm at a loss. I was living in his house. I was pregnant. How would I even be able to falsify all those documents?! And letters of support from employers & healthcare providers.
I've looked up the details to appeal, and I know I have 30 days to appeal via Immigration & Refugee Board, but we've just headed off on a holiday to California today! Worst timing ever. I'm back in 2 weeks and thought I'd take this time to perhaps speak to a lawyer, research the different options I have before jumping into something I'm unsure about.

 

[rmurray]

There's no more to the story! We went on a Christmas vacation for 3 weeks to Scotland to see my family, we entered back in no problem. We've been together the whole time. Nothing changed. I went on maternity leave when my daughter was born, I was on maternity pay, as I was entitled. We haven't been able to claim child benefits yet (she's 20months) because of the confusion between the mother and father and who receives it, and my visa stuff. Had our application denied, were then told by someone else it shouldn't have been denied, etc.

But I don't see my canadian boyfriend applying for child benefits for our child affecting our spousal sponsorship. That's the only thing I could possibly think of, but it's all different departments so I doubt they're related? If immigration canada can't access my tax information to see where I filed taxes, I doubt they take into consideration applications for child benefits that everyone is entitled to.

Literally the only issue we've been told is that they don't believe us.

Our procedural fairness stated:

"Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residence in a conjugal relationship for a period of at least one year prior to the filing of your application. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where the two parties are interdependent and have combined their affairs economically, socially, emotionally and physically. Based on the limited evidence relative to your mutual cohabitation for a period of one year, I am not satisfied that you and your sponsor meet the definition of a common-law partnership."

That was the only issue they raised. So as I said I sent my record of employment, bank statements, T4, tax return, highlighted i fell pregnant in June again, sent the common law dec again. In my eyes, proved beyond a doubt I was living there. And they've still clung to that as a reason to refuse.

My refusal letter:
"I have reviewed your file including the additional information that you have submitted on October 14, 2018. I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year at the time your application was submitted. As a result, you do not meet the definition of common-law partner."

That's literally the only explanation they've given me. And I absolutely don't understand. I got a notice of receipt that all the documents I submitted electronically had been received, so they definitely received them.

I'm at a loss. I was living in his house. I was pregnant. How would I even be able to falsify all those documents?! And letters of support from employers & healthcare providers.
I've looked up the details to appeal, and I know I have 30 days to appeal via Immigration & Refugee Board, but we've just headed off on a holiday to California today! Worst timing ever. I'm back in 2 weeks and thought I'd take this time to perhaps speak to a lawyer, research the different options I have before jumping into something I'm unsure about.

I also applied Inland, and with the exception of the christmas holiday we took together, have been in canada.

 

[marpou]

This seems like a very unfair situation to be in. If I were you I’d contact your MP as soon as possible and see if they can help you out. If nothing else, maybe they’d be able to get more information.

 

[kcward7]

There's no more to the story! We went on a Christmas vacation for 3 weeks to Scotland to see my family, we entered back in no problem. We've been together the whole time. Nothing changed. I went on maternity leave when my daughter was born, I was on maternity pay, as I was entitled. We haven't been able to claim child benefits yet (she's 20months) because of the confusion between the mother and father and who receives it, and my visa stuff. Had our application denied, were then told by someone else it shouldn't have been denied, etc.

But I don't see my canadian boyfriend applying for child benefits for our child affecting our spousal sponsorship. That's the only thing I could possibly think of, but it's all different departments so I doubt they're related? If immigration canada can't access my tax information to see where I filed taxes, I doubt they take into consideration applications for child benefits that everyone is entitled to.

Literally the only issue we've been told is that they don't believe us.

Our procedural fairness stated:

"Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residence in a conjugal relationship for a period of at least one year prior to the filing of your application. Canadian courts have set out the generally accepted characteristics of a conjugal relationship. These involve a mutual commitment to a shared life and a relationship of some permanence where the two parties are interdependent and have combined their affairs economically, socially, emotionally and physically. Based on the limited evidence relative to your mutual cohabitation for a period of one year, I am not satisfied that you and your sponsor meet the definition of a common-law partnership."

That was the only issue they raised. So as I said I sent my record of employment, bank statements, T4, tax return, highlighted i fell pregnant in June again, sent the common law dec again. In my eyes, proved beyond a doubt I was living there. And they've still clung to that as a reason to refuse.

My refusal letter:
"I have reviewed your file including the additional information that you have submitted on October 14, 2018. I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year at the time your application was submitted. As a result, you do not meet the definition of common-law partner."

That's literally the only explanation they've given me. And I absolutely don't understand. I got a notice of receipt that all the documents I submitted electronically had been received, so they definitely received them.

I'm at a loss. I was living in his house. I was pregnant. How would I even be able to falsify all those documents?! And letters of support from employers & healthcare providers.
I've looked up the details to appeal, and I know I have 30 days to appeal via Immigration & Refugee Board, but we've just headed off on a holiday to California today! Worst timing ever. I'm back in 2 weeks and thought I'd take this time to perhaps speak to a lawyer, research the different options I have before jumping into something I'm unsure about.

Get in contact with your MP.

 

[monkeys89]

Get in contact with your MP.

Agreed. It would seem to me that you would have a good chance at an appeal, because someone's not reading something right. But an appeal is expensive and time consuming.

To summarise:

- You started living together in January 2016 and provided dated evidence of this.
- You submitted your application in September 2017 (One year, nine months later).
- They sent you procedural fairness letters highlighting that they felt that you did not provide enough evidence of living together for at least a year.

I honestly don't know how they think that you weren't together for at least year.

I'd be tempted to get civil married and just re-apply that way. With a child together, you may not need to immediately provide "additional evidence" that the marriage is genuine, though I imagine they'd ask for it.

 

[kcward7]

Agreed. It would seem to me that you would have a good chance at an appeal, because someone's not reading something right. But an appeal is expensive and time consuming.

To summarise:

- You started living together in January 2016 and provided dated evidence of this.
- You submitted your application in September 2017 (One year, nine months later).
- They sent you procedural fairness letters highlighting that they felt that you did not provide enough evidence of living together for at least a year.

I honestly don't know how they think that you weren't together for at least year.

I'd be tempted to get civil married and just re-apply that way. With a child together, you may not need to immediately provide "additional evidence" that the marriage is genuine, though I imagine they'd ask for it.

Get in touch with MP and see if they can intervene, otherwise don't recommend appealing. Even if IRCC is wrong, reapplying is faster and cheaper, sadly.

 

[rmurray]

Agreed. It would seem to me that you would have a good chance at an appeal, because someone's not reading something right. But an appeal is expensive and time consuming.

To summarise:

- You started living together in January 2016 and provided dated evidence of this.
- You submitted your application in September 2017 (One year, nine months later).
- They sent you procedural fairness letters highlighting that they felt that you did not provide enough evidence of living together for at least a year.

I honestly don't know how they think that you weren't together for at least year.

I'd be tempted to get civil married and just re-apply that way. With a child together, you may not need to immediately provide "additional evidence" that the marriage is genuine, though I imagine they'd ask for it.

Yip, all correct. They've refused me on the basis of not enough evidence. I'm honestly feeling like the agent has just decided he doesn't like our application and doesn't want to approve it, regardless of the blatant and obvious evidence showing I meet all requirements. Either that or someone is a raging alcoholic and can't see straight. That's the only plausible reason I can think of that I've been refused.

I don't see why getting married should make a difference. We have plans for a wedding in a few years which all our family can come to. I am not willing to sacrifice the only wedding we'll ever when it's not a requirement.

Get in touch with MP and see if they can intervene, otherwise don't recommend appealing. Even if IRCC is wrong, reapplying is faster and cheaper, sadly.

Urgh, that is so frustrating. I'm worried a second application, that would have minimal new evidence and with me already having one refusal will have an impact though? I'm just so scared it'll be refused a second time, because I can't prove it anymore than I already have.

What kind of impact could an MP have? I'm just beyond sad and angry this is the ruling.

 

[kcward7]

Yip, all correct. They've refused me on the basis of not enough evidence. I'm honestly feeling like the agent has just decided he doesn't like our application and doesn't want to approve it, regardless of the blatant and obvious evidence showing I meet all requirements. Either that or someone is a raging alcoholic and can't see straight. That's the only plausible reason I can think of that I've been refused.

I don't see why getting married should make a difference. We have plans for a wedding in a few years which all our family can come to. I am not willing to sacrifice the only wedding we'll ever when it's not a requirement.





Urgh, that is so frustrating. I'm worried a second application, that would have minimal new evidence and with me already having one refusal will have an impact though? I'm just so scared it'll be refused a second time, because I can't prove it anymore than I already have.

What kind of impact could an MP have? I'm just beyond sad and angry this is the ruling.

Start with contacting your MP. If you have a decent one they may be able to help. They helped me when I got an erroneous PFL. It may be too late but I would still try.

 

[monkeys89]

I don't see why getting married should make a difference. We have plans for a wedding in a few years which all our family can come to. I am not willing to sacrifice the only wedding we'll ever when it's not a requirement.

You don't have to prove cohabitation in a conjugal relationship when you're married. It's a huge difference from the common-law application.

You can hire a marriage commissioner, bring two witnesses, and do a civil marriage. Save money for the big wedding later. Most people do it this way these days so that they can have someone who isn't a government officiant do their wedding.

 

[kcward7]

Yip, all correct. They've refused me on the basis of not enough evidence. I'm honestly feeling like the agent has just decided he doesn't like our application and doesn't want to approve it, regardless of the blatant and obvious evidence showing I meet all requirements. Either that or someone is a raging alcoholic and can't see straight. That's the only plausible reason I can think of that I've been refused.

I don't see why getting married should make a difference. We have plans for a wedding in a few years which all our family can come to. I am not willing to sacrifice the only wedding we'll ever when it's not a requirement.





Urgh, that is so frustrating. I'm worried a second application, that would have minimal new evidence and with me already having one refusal will have an impact though? I'm just so scared it'll be refused a second time, because I can't prove it anymore than I already have.

What kind of impact could an MP have? I'm just beyond sad and angry this is the ruling.

Oh and order your GCMS notes.