Will our common law evidence be sufficient?

[Alicialeigh]

Hello all.

My partner and I are applying for PR together through CEC, I am the main applicant and he is my common-law partner. We have been living together for almost four years, but we don’t really have the conventional evidence that is required, as we have spent much of this time on working holiday visas, with no joint back accounts or leases under our names. We have scraped together everything possible that has both of our names on it and creates a timeline of our relationship. However, I’m just not sure it’s enough. If anyone has knowledge in this area and is able to offer any insight, it would be greatly appreciated.

The evidence we have provided: Covering letter explaining our evidence and lack thereof, IMM5409, proof of our current address, joint railcard, 1.5 year tenancy agreement with both of our names on it and other joint proof of that address, our Airbnb account and all of our reviews mentioning both of our names, flights and hotel bookings from 2016 with both of our names, Facebook relationship status change showing dates (silly, but now I’m so glad we have this!), a one month bank statement showing joint rental payments in 2015, and dated images together from 2014-present.

If this isn’t enough, the only other thing I can think of is personal statements.

I also have another question relating to the IMM5409. It was signed in the UK by a solicitor who is also a commissioner of oaths. I have included her business card with the form. When she countersigned, she said she was happy to do so but wasn’t sure if she was eligible. She felt that maybe it had to be a notary public, or a comm of oaths based in Canada. I have searched extensively and cannot find anything to suggest she is correct. Does anyone know if having a UK based solicitor and comm of oaths to sign is ok?

My concern is that once submitted, if they feel there is not sufficient evidence, they may reject our application as incomplete rather than request further information.

Many thanks in advance for any help!

 

[ContactFront]

You can provide your individual bank statements, phone bills, etc, that show the same address. Doesn't necessarily have to be something that has both of your names on it.
Chat history on messaging apps can also be used as proof if you can dig out anything relevant.

 

[Alicialeigh]

Yes we've included separate documents as proof of address. Chat history is a good idea, thank you.

 

[Vitesze]

In Canada, we have the T4 form an employer provides to the employee for tax filing purposes, which includes an address as well. I'd say the equivalency of this for your country (assuming there is one) would go a long way.

 

[Alicialeigh]

Thanks Vitesze. Having just spent two years working in Canada, we do have our T4s. We have quite a lot of proof of address overall actually. I just felt that our evidence in other areas was lacking.

 

[Vitesze]

Thanks Vitesze. Having just spent two years working in Canada, we do have our T4s. We have quite a lot of proof of address overall actually. I just felt that our evidence in other areas was lacking.

I'd say with that + everything else you already mentioned, you're good. You pretty much already have all the evidence you could have in your situation.

 

[donkykong]

I’d fill out a new IMM5409 form and get it stamped again by a Canadian Public Notary. Ours cost about $50 in downtown Vancouver. I read somewhere on this forum that someone got refused because their form wasn’t stamped and I wouldn’t want to risk it over something so minor, in case they don’t recognise your UK solicitor. If you filed your taxes together you could also include your T1 tax return where you declared your partner as your common law spouse.

 

[jes_ON]

The evidence we have provided: Covering letter explaining our evidence and lack thereof, IMM5409, proof of our current address, joint railcard, 1.5 year tenancy agreement with both of our names on it and other joint proof of that address, our Airbnb account and all of our reviews mentioning both of our names, flights and hotel bookings from 2016 with both of our names, Facebook relationship status change showing dates (silly, but now I’m so glad we have this!), a one month bank statement showing joint rental payments in 2015, and dated images together from 2014-present.

That's a lot - perhaps excessive : ) Since you say you lived/worked in Canada, a key document would be the first page of your Canadian tax returns, showing each other as common law spouses.

I also have another question relating to the IMM5409. It was signed in the UK by a solicitor who is also a commissioner of oaths. I have included her business card with the form. When she countersigned, she said she was happy to do so but wasn’t sure if she was eligible. She felt that maybe it had to be a notary public, or a comm of oaths based in Canada.

It is fine, as long as it is recent. The same form is intended to be used for inland and outland applicants, regardless of whether they have ever set foot in Canada before. If there were a requirement that it be signed by a Canadian, it would say so.

 

[Alicialeigh]

Thanks so much. Excessive is good in this case. Lol!

 

[Alicialeigh]

I’d fill out a new IMM5409 form and get it stamped again by a Canadian Public Notary. Ours cost about $50 in downtown Vancouver. I read somewhere on this forum that someone got refused because their form wasn’t stamped and I wouldn’t want to risk it over something so minor, in case they don’t recognise your UK solicitor. If you filed your taxes together you could also include your T1 tax return where you declared your partner as your common law spouse.

Ahh really? That could be difficult as we're no longer in Canada...hence why we've had it signed here in the UK. Maybe I need to do some more research here. Thank you.

 

[donkykong]

the person I saw who said they got refused was because they ticked ‘Commissioner of Oaths’ instead of ‘Notary Public’ on the common law form. I thought it might be safer to get the form stamped by a Canadian notary, but if you’re not in Canada then I’m sure still fine as jes_on said

 

[Alicialeigh]

the person I saw who said they got refused was because they ticked ‘Commissioner of Oaths’ instead of ‘Notary Public’ on the common law form. I thought it might be safer to get the form stamped by a Canadian notary, but if you’re not in Canada then I’m sure still fine as jes_on said

Hmmm that's confusing. The form gives the option to tick the relevant box and so I'm not sure why that would have caused an issue.

 

[jes_ON]

Hmmm that's confusing. The form gives the option to tick the relevant box and so I'm not sure why that would have caused an issue.

I took it to mean that the friend checked "Commissioner of Oaths" when it was actually a Notary Public. Refusing because they checked the wrong box seems a bit excessive, might have been something more to it.