We made a mistake on the dates of statutory declaration of common law

[scylla]

Damn... Please update us all with the outcome...

I did literally the same mistake, but I haven't received AOR yet.

We submitted our common law start date as 2021 - 10 - 08 (based on the idea that this is the day we started living together), but from what I am seeing it should have been 2022 - 10 - 08.

How can I fix this now? Is there an online form to update the application or something?

Send a webform.

Your issue isn't as serious as the OP's. The OP gave a date for common law that predated them moving in together.

Having said that, definitely send a webform to correct.

 

[armoured]

Damn... Please update us all with the outcome...

I did literally the same mistake, but I haven't received AOR yet.

We submitted our common law start date as 2021 - 10 - 08 (based on the idea that this is the day we started living together), but from what I am seeing it should have been 2022 - 10 - 08.

How can I fix this now? Is there an online form to update the application or something?

If you have not received AOR yet, you can write now (webform) to correct what you wrote. Just provide tombstone details of applicant and sponsor.

BUT: you do not need to worry quite so much. This idea of the start date of common law being one year from the date of start of cohabitation is confusing and used inconsistently (even by IRCC*). It is very unlikely that they would see this as misrepresentation if all your documentation showed your start of cohabitation as 2021-10, and you should be fine if you have been living together well over a year (eg if you are still living together now).

While it is possible in theory for IRCC to treat any error as misrepresentation, in practice and in law 'honest mistakes', obvious typos, etc., that don't affect anything ('not material') are not misrepresentation.

*There was a case here where IRCC sent a letter saying applicants hadn't lived together for a year because they put - correctly - their one-year anniversary of cohabitation as start of common law, and the officer thought that meant they'd lived together for only a few months. It was sorted out. Basically it would be better if IRCC stopped using this phrase 'common law start date' because every normal human interprets it to mean start of cohabitation.

 

[Deividas]

If you have not received AOR yet, you can write now (webform) to correct what you wrote. Just provide tombstone details of applicant and sponsor.

BUT: you do not need to worry quite so much. This idea of the start date of common law being one year from the date of start of cohabitation is confusing and used inconsistently (even by IRCC*). It is very unlikely that they would see this as misrepresentation if all your documentation showed your start of cohabitation as 2021-10, and you should be fine if you have been living together well over a year (eg if you are still living together now).

While it is possible in theory for IRCC to treat any error as misrepresentation, in practice and in law 'honest mistakes', obvious typos, etc., that don't affect anything ('not material') are not misrepresentation.

*There was a case here where IRCC sent a letter saying applicants hadn't lived together for a year because they put - correctly - their one-year anniversary of cohabitation as start of common law, and the officer thought that meant they'd lived together for only a few months. It was sorted out. Basically it would be better if IRCC stopped using this phrase 'common law start date' because every normal human interprets it to mean start of cohabitation.

Exactly this is such nonsense, we've literally checked the official definition of common law and it confused us even more...

so for now, I've submitted a web form asking for a correction as follows:

Common law start date: 2022-10-08 (From 2021-10-08)

Even tho we've been together since 2021-10-08 until now

The earliest thing to show the same address would probably be our joint bank account opened back in 2022 Jan.

This is legit evidence?

 

[armoured]

Exactly this is such nonsense, we've literally checked the official definition of common law and it confused us even more...

so for now, I've submitted a web form asking for a correction as follows:

Common law start date: 2022-10-08 (From 2021-10-08)

Even tho we've been together since 2021-10-08 until now

The earliest thing to show the same address would probably be our joint bank account opened back in 2022 Jan.

This is legit evidence?

You are best to show evidence - contemporaneous - of the start date of your cohabitation as being on the date you claim. Best are things that strongly link you to residing there - lease is strongest with PA name on it - followed by other bills, insurance, notification of employers, etc., etc. Your joint bank account is a start but on its own may look weak.

Assuming you are still living together, failing that (evidence dating from 2021-10), show strong evidence showing you have been residing together since at least June 1, 2022 (earlier better) - assuming you sent in your app after June 1. And clarify in letter that you have been residing together since October 2021 but have solid evidence for over a year.

 

[armoured]

Exactly this is such nonsense, we've literally checked the official definition of common law and it confused us even more...

With no serious criticism intended, you didn't prepare that much, if the below was extent of your documentation. The definition is not a big deal if you just indicate, carefully and explicitly, the start date of cohabitation (with evidence).

The earliest thing to show the same address would probably be our joint bank account opened back in 2022 Jan.

This is legit evidence?

This being case # (not actually counting, but not infrequent) of my point earlier in this thread:

But in addition, objectively i believe many underestimate the additional challenges and risks sponsoring as common law.

That said, your case will probably be okay because you've at least been residing together for over a year and a half.

I'd suggest writing a simple, clear, factual letter of explanation with a timeline: here are the dates. Here are the documents/evidence that correspond to those timelines. If you don't have for eg start of cohabitation, show what you have after that and make explicit that this means you have been cohabitating more than a year (a year before the date of submitting and signing your application).

 

[juhanjuhanjuhan]

They declined our request for extension and is about to refuse our application

I wonder what's our next best course of action? Our lawyer just asked for an extension request and I didn't upload a new statutory declaration of common-law document It's totally unfair. Can we get some advice?

Dear ----,

This is in reference to your application for a permanent resident visa.

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC). We have received your
extension request. Please note that your extension request has been refused.

Explanation provided are neither satisfying nor reasonable.

A decision will be made based on the information on your file. Kindly note that the submission was due
on 2023/06/22.

As per Subsection 11(1) of the Immigration and Refugees Protection Act (“the Act”), in order for you to
receive permanent residence an officer must be satisfied that both you and your applicable family
members are not inadmissible and meet the requirements of the Act. Furthermore, Subsection 16(1) of
the Immigration and Refugee Protection Act states that: “A person who makes an application must
answer truthfully all questions put to them for the purpose of the examination and must produce a visa
and all relevant evidence and documents that the officer reasonably requires.”

Regards,
----

 

[juhanjuhanjuhan]

Our deadline extension request was refused and they have made a decision based on the file

Our lawyer hasn't drafted a PFL response yet but we did not upload a new statutory declaration of common law or LOE.
I wonder what's our next best course of action Can we still do anything? I am feeling depressed

Dear ----,

This is in reference to your application for a permanent resident visa.

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC). We have received your
extension request. Please note that your extension request has been refused.

Explanation provided are neither satisfying nor reasonable.

A decision will be made based on the information on your file. Kindly note that the submission was due
on 2023/06/22.

As per Subsection 11(1) of the Immigration and Refugees Protection Act (“the Act”), in order for you to
receive permanent residence an officer must be satisfied that both you and your applicable family
members are not inadmissible and meet the requirements of the Act. Furthermore, Subsection 16(1) of
the Immigration and Refugee Protection Act states that: “A person who makes an application must
answer truthfully all questions put to them for the purpose of the examination and must produce a visa
and all relevant evidence and documents that the officer reasonably requires.”

Regards,
----

 

[scylla]

They declined our request for extension and is about to refuse our application

I wonder what's our next best course of action? Our lawyer just asked for an extension request and I didn't upload a new statutory declaration of common-law document It's totally unfair. Can we get some advice?

They are going to refuse the application. Wait for the refusal letter to see if it is a simple refusal or a refusal with a misrepresentation ban.

If it a simple refusal then you will need to make a choice between submitting a new application and appealing the decision. I think submitting a new application probably makes more sense given the errors in your original application.

If it's a refusal with a misrepresentation ban then the situation is much more complicated and you will need the help of a lawyer to try to overturn the ban.

 

[juhanjuhanjuhan]

They are going to refuse the application. Wait for the refusal letter to see if it is a simple refusal or a refusal with a misrepresentation ban.

If it a simple refusal then you will need to make a choice between submitting a new application and appealing the decision. I think submitting a new application probably makes more sense given the errors in your original application.

If it's a refusal with a misrepresentation ban then the situation is much more complicated and you will need the help of a lawyer to try to overturn the ban.

If I have replied with a statutory declaration of common-law + LOE, would they still have refused it? I kinda regretting not uploading even a new statutory declaration of common-law

 

[scylla]

If I have replied with a statutory declaration of common-law + LOE, would they still have refused it? I kinda regretting not uploading even a new statutory declaration of common-law

Yes, they could certainly have still refused the application and even issues a misrepresentation ban. Having said that, it would have been a good idea to upload the corrected statutory declaration before the deadline while also asking for the extension. I had assumed the lawyer would have done that along with requesting the extension, but I guess not.

 

[juhanjuhanjuhan]

They are going to refuse the application. Wait for the refusal letter to see if it is a simple refusal or a refusal with a misrepresentation ban.

If it a simple refusal then you will need to make a choice between submitting a new application and appealing the decision. I think submitting a new application probably makes more sense given the errors in your original application.

If it's a refusal with a misrepresentation ban then the situation is much more complicated and you will need the help of a lawyer to try to overturn the ban.

I think given the circumstances and having paid the lawyer already, I think we would go the lawyer route. I don't know what to do anymore : (

 

[juhanjuhanjuhan]

Yes, they could certainly have still refused the application and even issues a misrepresentation ban. Having said that, it would have been a good idea to upload the corrected statutory declaration before the deadline while also asking for the extension. I had assumed the lawyer would have done that along with requesting the extension, but I guess not.

They have not. I should have suggested this as well but we were looking to collect all the documents and submit all at once.

 

[armoured]

Our deadline extension request was refused and they have made a decision based on the file

Has the deadline actually passed?

I think you should consult with your lawyer but I would still recommend - even if the deadline has passed - submitting a revised statutory declaration and a simple letter response - as brief as possible - that the mistaken date on the original was just a simple mistake of dates.

This would at least get it on the record and in file to reflect your contention, leaving at least some room to appeal on basis of that contention (that it was an inadvertent error and nothing more).

Again, consult with your lawyer, but if received before they have sent their final decision (in writing), it strengthens your case (possibly only marginally but still).

 

[scylla]

Has the deadline actually passed?

I think you should consult with your lawyer but I would still recommend - even if the deadline has passed - submitting a revised statutory declaration and a simple letter response - as brief as possible - that the mistaken date on the original was just a simple mistake of dates.

This would at least get it on the record and in file to reflect your contention, leaving at least some room to appeal on basis of that contention (that it was an inadvertent error and nothing more).

Again, consult with your lawyer, but if received before they have sent their final decision (in writing), it strengthens your case (possibly only marginally but still).

That's a great point. Deadline is today. I would submit something basic on my own today which includes the corrected statutory declaration and a short LOE.

 

[armoured]

... a simple letter response - as brief as possible - that the mistaken date on the original was just a simple mistake of dates.

A short addition to this that depends on the dates and specifics of the file (which I don't recall exactly) - and on this you may really want to get the input from the lawyer on the exact phrasing:

-if truthful, you want to make explicit the point that the error in the statutory declaration were not been material or have misled the IRCC officer because the disclosures elsewhere in the application were correct as to dates (of when you began residing together) and you at any rate have been residing together well in excess of the minimum 12 months.

I repeat: if truthful. And obviously if logical (dates correspond and in excess of the 12 months, for example.)

The part you want the lawyer's input on especially is the language to clarify the mistakes were 'not material' (I don't know exact terms and not a lawyer) - roughly speaking, this is the standard (or one part of relevant standard) between misrepresentation and an inadvertent mistake (that could not misled b/c not really material and/or obvious error contradicted by other evidence provided with correct date).