Hi all
I have received a Procedural Fairness Letter this afternoon stating the following:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
In order to meet the criteria for a common law relationship, you must establish continuous cohabitation for a full year at the time of lock-in date (roughly when your application is received). Your stated commencement of cohabitation was May 4, 2020 and lock-in date was June 15, 2020.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. You have 30 days from the date of this letter to submit the additional information by using your IRCC secure account within the time frame indicated above.
Note: Your relationship appears valid but it appears that you have simply applied too early. As such you may wish to withdraw your application and reapply after June 15, 2021, as a previous refusal can occasionally raise concerns for future applications.
I am quite confused as the date referred to in the letter, May 4, 2020, is the date we submitted on IMM 1344 form as the date we entered into the common-law relationship. From the guide to completing the form, for common law, this is the date ‘your status officially changed from being single to common-law, not the date you started living together’ i.e. after 12 months of cohabitation.
We submitted joint rental agreement, bills, proof of addresses as evidence we have lived together for a year before May 4, 2020. They comment that our relationship appears valid but we have applied too early. I would appreciate some guidance on what documents we could possibly submit for this letter? Thanks in advance
It's clear there's a misunderstanding here and based on the quote you provided, I think it's their mistake. (I've not gone back to check the guides - so if you've misunderstood, that's you)
There are two potential approaches here:
1) Get a lawyer involved and have them deal with it. Perhaps they write a sternly worded letter and someone actually reads it. Downside is cost and some possibility that "lawyers" makes them get their backs up.
2) My suggestion: revise right now your form to put the date one year prior when you started living together. Write a letter/submission asking them please please to accept this revised form, you had understood that you were to put the date in this field one year
after you started living together. Provide the text and link to the guide and form. Politely, again, request they consider this an honest misunderstanding and that clearly you meet the test since all of your documentary information shows that you did begin living together beginning in 2019 and more than one year as of the date you applied. And that clearly you do not deserve any kind of refusal based on misunderstanding about the terminology used.
Also, contact your MP's office and provide a copy of this same letter and information. If you can find someone to speak to, explain that
of course the govt's own instructions are clear and you followed them - but that you should not be punished for a miscommunication. Ask them to look into it but you just hope for your file to be processed acc to instructions and fair treatment (nicely, you're not out to punish anyone).
I am
hoping that this will embarrass them somewhat into apprehending their own error. Putting politely so as not to get anyone's back up or put them on defensive/save a little face. (I think the implied other side of this that the officer will look a fool otherwise, and that you know enough to contact MP's office, will be pretty clear).
Just one opinion. Good luck. It's possible lawyer is better route, don't know.