CIC asking for more evidence of Common Law Partnership

[John_K]

Hello,
My partner and I have been living together since Feb 2015. I sent my PR application through the Family sponsorship program in December 2016. We were very careful to make sure everything was done properly in order to avoid any delays.
However, just a couple days ago (Oct 2017) I received an email from CIC stating that I did not provide enough evidence that I am a common law partner.

They suggest I send them more evidence such as :

• declaration of common-law relationship;
• evidence of joint bank, trust, credit union or charge card accounts;
• jointly signed residential lease;
• mortgage or purchase agreement,
• insurance and/or beneficiary forms.

The problem is : I am pretty sure I already sent a declaration of common-law relationship ( it was one of the required forms) but I'll send another one just to be sure.

We had a joint bank account for a few months, but then decided to take his name off for tax reasons on his side. A few months later we opened a joint savings account so there's a gap there. ( I did send all the statements I had of either account) The decision about the first joint account was made before even considering applying for PR through the family program, we wouldn't have otherwise.

My partner fully owns the apartment we live in...so we don't have a jointly signed residential lease or mortgage.

Before even considering PR we had agreed on keeping the majority of our finances separated for various reasons but mostly because we both value independence a lot.

I understand that CIC has to go through some potential fraudulent applications and needs solid evidence but considering our circumstances (and the prospect of having to leave Canada after we've together for almost 3 years would be devastating) what would be my best course of action and/or options here?

Any help is highly apreciated
Thank you.

 

[canuck_in_uk]

Hello,
My partner and I have been living together since Feb 2015. I sent my PR application through the Family sponsorship program in December 2016. We were very careful to make sure everything was done properly in order to avoid any delays.
However, just a couple days ago (Oct 2017) I received an email from CIC stating that I did not provide enough evidence that I am a common law partner.

They suggest I send them more evidence such as :

• declaration of common-law relationship;
• evidence of joint bank, trust, credit union or charge card accounts;
• jointly signed residential lease;
• mortgage or purchase agreement,
• insurance and/or beneficiary forms.

The problem is : I am pretty sure I already sent a declaration of common-law relationship ( it was one of the required forms) but I'll send another one just to be sure.

We had a joint bank account for a few months, but then decided to take his name off for tax reasons on his side. A few months later we opened a joint savings account so there's a gap there. ( I did send all the statements I had of either account) The decision about the first joint account was made before even considering applying for PR through the family program, we wouldn't have otherwise.

My partner fully owns the apartment we live in...so we don't have a jointly signed residential lease or mortgage.

Before even considering PR we had agreed on keeping the majority of our finances separated for various reasons but mostly because we both value independence a lot.

I understand that CIC has to go through some potential fraudulent applications and needs solid evidence but considering our circumstances (and the prospect of having to leave Canada after we've together for almost 3 years would be devastating) what would be my best course of action and/or options here?

Any help is highly apreciated
Thank you.

Hi

Your only course of action is to comply and submit as much proof as you can. What did you submit with the application?

The suggestions from IRCC are by no means a comprehensive list; there are so many things you can send. You can show mail in both names or individual names with the same address, utility bills, bank transfers showing you share expenses, cell phone bills, IDs, payslips, government documents, employer letters, doctor/dentist letters, shipping receipts, letters from family/friends/neighbors etc.

 

[Rob_TO]

The problem is : I am pretty sure I already sent a declaration of common-law relationship ( it was one of the required forms) but I'll send another one just to be sure..

The declaration of common-law form requires you both to sign it in the presence of a notary, lawyer or commissioner of oaths, so is usually something you'd remember doing.

An additional proof you could add, is showing change in marital status with CRA from single to common-law, effective February 2016 (for whoever files Canadian tax returns).

 

[John_K]

The declaration of common-law form requires you both to sign it in the presence of a notary, lawyer or commissioner of oaths, so is usually something you'd remember doing.

Yes we definitely did that and sent it with the application.

 

[majesty]

Yes we definitely did that and sent it with the application.

Maybe you have to resend those things. My common-law partner lived with me and I owned our house. So, we had no joint lease/rental agreements. We also had separate bank accounts as we also wanted to keep finances separate except he had the internet bills in his name. All we could submit was the declaration of common-law partnership and more recent evidence with in the last year such as insurance and beneficiary info. We only were able to live together 12 months and a bit. We submitted work paystubs with the same addresses and also driver's licences/ provincial ID card with our addresses on there too and an envelope with my partner's name and same address from the local Police Service, which contained a criminal record check. We didn't submit tax forms with common-law status as at that point we weren't officially 12 months common-law. They have not asked us to submit more information, however, now that you have said they asked you for this after 10 months, it is a little worrisome for me now as I thought we would be off the hook for this at 9 months in processing.

Good luck finding more evidence and hopefully it will satisfy them.

 

[bafonso]

Don't you share bills? Shared accounts are not even super common but sharing bills and expenses are. When two people live together inevitably their finances are intertwined unless someone is paying for all expenses which is unusual nowadays and would raise further questions.

Do you also not have insurance?

 

[John_K]

Don't you share bills? Shared accounts are not even super common but sharing bills and expenses are. When two people live together inevitably their finances are intertwined unless someone is paying for all expenses which is unusual nowadays and would raise further questions.

Do you also not have insurance?

That's right, we share expenses but I usually transfer my share directly from my bank account to his, the bills are on his name though.
No insurance :/

 

[bafonso]

That's right, we share expenses but I usually transfer my share directly from my bank account to his, the bills are on his name though.
No insurance :/

Monthly transfers matching amounts that make sense to bills show financial sharing, nothing wrong with that. It's unusual for all bills to be under one person but it's not illegal