What can I do?

[KBH]

At this point: I just want to know how we either remedy this, or reapply.

When / If they send us a denial can we get married and reapply right away?

Will we be considered red flag after getting a denial for common-law app?

Yes, you can get married and re-apply right away. It is not a red flag.

 

[np08]

No, they would not need the same proof. They would only need to prove that they were currently cohabiting, not that they had been living together for at least 12 months.

Only if applying inland. If applying outland, they don't need any proof of living together, though it will be helpful for either application for them to show that they did in fact live together. Just because the proof they had wasn't enough for a common law application, doesn't mean it wouldn't help a normal spousal one.

 

[marilamb]

I agree it might be enough for marriage. But it still wont fix OP's statement of "It’s a company and they would not add me to the lease without an SIN and background check. I don’t have a SIN."

 

[np08]

We had other proofs of cohabitation. We sent my emergency insurance that we paid for, we have taxes, we had stuff from his work showing my living here for insurance benefits. Our family phone plan. Many letters from friends and family. Facebook screenshots / picture screen shots / location screenshots.

The only thing we didn’t have was a lease / utilities!

We did reach out to the landlord. It’s a company and they would not add me to the lease without an SIN and background check. I don’t have a SIN

I must say I do find it interesting that they didn't accept these.

I myself applied inland after getting married. I've been here for eight months now. I just got my work permit three weeks ago. Up until then, I couldn't get a SIN, I couldn't get a driver's license (I forgot to get an international driver's license in my country so I have to go from scratch in Canada), couldn't open a bank account (alone or joint), couldn't have joint utilities, etc. So thinking about it now, it's a catch 22.

In my case, I was added to our house title so I co-own it, I'm also the beneficiary of spouse's insurance policies, I was given supplementary cards to my spouse's bank accounts (which is the closest you can get to a joint account in a situation where you can't open an account of your own), and we added my name to some utilities. There's an option on some of them to just add your name so that when they send you the bill it has both your names on it and your address. It's not an actual joint utility bill, but it's the best we could do.

What I'm trying to say is that, as a visitor, most normal venues of proving cohabitation are already closed. No SIN, no bank accounts which means you can't have a joint mortgage or loan or anything like that, etc etc. I feel like you've provided as much as you could as a visitor. If I had to prove cohabitation for the past 8 months, I'd also be unable to give them some of the things they ask for. But you'd think they'd get why.

 

[np08]

I agree it might be enough for marriage. But it still wont fix OP's statement of "It’s a company and they would not add me to the lease without an SIN and background check. I don’t have a SIN."

Before my spouse and I bought a house, we were in the same situation. The company that owned her apt building wasn't able to put me on the lease. You can't do it without a SIN or bank account. That's not OP's fault, it's just how the visitor status works in the country.

 

[marilamb]

Before my spouse and I bought a house, we were in the same situation. The company that owned her apt building wasn't able to put me on the lease. You can't do it without a SIN or bank account. That's not OP's fault, it's just how the visitor status works in the country.

Yes, so I am just wondering if they will have the same issues if they apply inland. Outland is the way to go though I think.

 

[KBH]

Only if applying inland. If applying outland, they don't need any proof of living together, though it will be helpful for either application for them to show that they did in fact live together. Just because the proof they had wasn't enough for a common law application, doesn't mean it wouldn't help a normal spousal one.

Yes, the post I was responding to specifically mentioned inland.

 

[np08]

Yes, so I am just wondering if they will have the same issues if they apply inland. Outland is the way to go though I think.

If that's a problem, that no one should apply inland as visitor because no one can get these things. We know that visitors apply inland all the time and have successful applications. You put everything you have and you explain the lack of everything else and that's it. Continuous cohabitation is difficult to prove, but for normal spousal apps it shouldn't be a problem.

 

[KBH]

If that's a problem, that no one should apply inland as visitor because no one can get these things. We know that visitors apply inland all the time and have successful applications. You put everything you have and you explain the lack of everything else and that's it. Continuous cohabitation is difficult to prove, but for normal spousal apps it shouldn't be a problem.

Completely agree. Common-law apps face an intense amount of scrutiny that is just not there if you are married. It takes a lot less to convince the officer you're presently in Canada with your spouse and eligible to apply inland, than it does to convince them you have been cohabiting and living in a marriage-like relationship for at least 12 months.

 

[np08]

Completely agree. Common-law apps face an intense amount of scrutiny that is just not there if you are married. It takes a lot less to convince the officer you're presently in Canada with your spouse and eligible to apply inland, than it does to convince them you have been cohabiting and living in a marriage-like relationship for at least 12 months.

Yeah, it's really hard. Especially since a lot of people in this situation are visitors so they don't even have the option of working which is also something that could put them at least in the same city for the duration of those 12 months, and the like. You don't have joint bills or utilities, a lease, none of it. And if you get an officer that's just being a hard on you, there's nothing you can do.

Realistically, OP and her SO have two kids and she's been on a visitor status in Canada for two years now. Taking into consideration everything else they sent in, there's no reason to think she lived anywhere but with him. It's the most logical and obvious answer, supported by as much proof as they could collect.

But here they are, you know? It sucks and it can be really stressful and infuriating.

 

[marilamb]

Completely agree. Common-law apps face an intense amount of scrutiny that is just not there if you are married. It takes a lot less to convince the officer you're presently in Canada with your spouse and eligible to apply inland, than it does to convince them you have been cohabiting and living in a marriage-like relationship for at least 12 months.

See what hubby and I did was apply outland while he was visiting for 3 months. After we applied, he stayed another 3, making it 6. Now that the 6 months is up he has a visitor extension application in. I didnt have to put anything to prove he was living with me and they haven't asked for more proof.

 

[Elanigana]

Yeah, it's really hard. Especially since a lot of people in this situation are visitors so they don't even have the option of working which is also something that could put them at least in the same city for the duration of those 12 months, and the like. You don't have joint bills or utilities, a lease, none of it. And if you get an officer that's just being a hard on you, there's nothing you can do.

Realistically, OP and her SO have two kids and she's been on a visitor status in Canada for two years now. Taking into consideration everything else they sent in, there's no reason to think she lived anywhere but with him. It's the most logical and obvious answer, supported by as much proof as they could collect.

But here they are, you know? It sucks and it can be really stressful and infuriating.

Exactly this!

We’ve already extended our visitor record twice! You’d think they’d see!

Logically, it doesn’t make sense..

But proof is proof...

I’m going to send again every thing we have and write a letter. Hopefully something sticks and the officer approves. If not, we will get married and apply again.

 

[np08]

Exactly this!

We’ve already extended our visitor record twice! You’d think they’d see!

Logically, it doesn’t make sense..

But proof is proof...

I’m going to send again every thing we have and write a letter. Hopefully something sticks and the officer approves. If not, we will get married and apply again.

Hang in there and be specific in your letter. Explain all the things you have, all the things you tried to get but couldn't and explain why you can't. You never know who's actually reading these. Spell it out if need be.

"Unfortunately, I was unable to open a joint bank account because visitors without a SIN can't open bank accounts in Canada / We tried to get my name on the lease, but we were informed by the company owning my SO's building that they can't do that for someone that doesn't have a SIN and bank account."

Basically paint a picture of all the obstacles that you had and really drive the point home that you did everything else that you could. Like I said, under threat of the app being thrown out, I'd just give it one last shot in giving them a detailed overview of it all and hope for the best.

 

[Snowman1308]

I would get married right away, especially because it will take a long time to get your marriage certificate after the ceremony and that's gonna be crucial for timing if you have to reapply from scratch through spousal

 

[Elanigana]

I would get married right away, especially because it will take a long time to get your marriage certificate after the ceremony and that's gonna be crucial for timing if you have to reapply from scratch through spousal

Can we get married while applying for common-law?