Proof of relationship for common-law (lack of evidence)

[sarkhan9229]

Hello Everyone. I am an international student in Toronto, Ontario and I just finished my bachelor's at University of Toronto. I applied for post-grad work permit and got it for 3 years. I Would like to get my PR card and stay in Canada in order to continue my work career and education. I have lived with my girlfriend (sponsor) for more than a year and decided to apply under family class, common-law partner. While going through checklist, I realized there are many things required by IRCC that I wont be able to provide. The following are my questions (bolded)

1. Rental agreement showing both you and your sponsor as occupants of a rental property.

We don’t have any rental agreement because when I moved to my girlfriend’s (sponsor) place (she was living with her mother), we agreed on paying monthly rent by cash.The only pieces of proof I can provide is a written letter from sponsor’s mother and a letter from the management of the building (our names are in their database).

Would these be enough? Anything else you think I can provide?

2.. Proof of joint utility accounts (e.g. electricity, gas, telephone, internet), joint credit card accounts, or joint bank accounts.

(Submit a minimum of 1 joint bill)

We only have a joint bank account which we don’t really use a lot. Hydro, gas, telephone and internet are paid by sponsor’s mother. So I should just show them the bank account?

3.. Vehicle insurance showing that both you and your sponsor have been declared to the insurance company as residents of the insured's address.

Copies of government issued documents for you and your sponsor showing the same address (e.g.: driver's licenses)

(Submit a minimum of 1 government issued document for each person).

Other documents issued to you or your sponsor showing the same address, whether the accounts are held jointly or not (e.g. cell phone bills, pay stubs, tax forms, bank or credit card statements, insurance policies). (Submit a minimum of 1 document ) for each person.

From these, I can only show them credit card statements. Would this be enough?

4. Documents to show that you previously cohabited in a common-law relationship for a minimum of 12 months

How to go about this? What kind of documents Can I show?

5.
Important documents for you and your sponsor showing that you are recognized as each other's common-law partner (such
as employment or insurance benefits)
Documentary evidence of financial support between you and your sponsor, and/or shared expenses.

Again, nothing that we can show. All we have are hundreds of photos, messages on social media and texts. None of us is employed. she gets support from her parents and I work as a Tutor.

Thanks for your answers in advance.

 

[canuck78]

Honestly since you have a PGWP sounds like you should take this year to try to find some full-time jobs and establish some paperwork. Although there is no income requirement for spousal sponsorship you still need to show that you will be able to support yourselves and I think there will be some concerns about that at this point.

 

[canuck_in_uk]

1. Rental agreement showing both you and your sponsor as occupants of a rental property.

We don’t have any rental agreement because when I moved to my girlfriend’s (sponsor) place (she was living with her mother), we agreed on paying monthly rent by cash.The only pieces of proof I can provide is a written letter from sponsor’s mother and a letter from the management of the building (our names are in their database).

Would these be enough? Anything else you think I can provide?

That should be fine. Get the letter from her mother notarized.

2.. Proof of joint utility accounts (e.g. electricity, gas, telephone, internet), joint credit card accounts, or joint bank accounts.

(Submit a minimum of 1 joint bill)

We only have a joint bank account which we don’t really use a lot. Hydro, gas, telephone and internet are paid by sponsor’s mother. So I should just show them the bank account?

Yes, show the joint bank account. Submit a few statements covering at least a one year period.

3.. Vehicle insurance showing that both you and your sponsor have been declared to the insurance company as residents of the insured's address.

Copies of government issued documents for you and your sponsor showing the same address (e.g.: driver's licenses)

(Submit a minimum of 1 government issued document for each person).

Other documents issued to you or your sponsor showing the same address, whether the accounts are held jointly or not (e.g. cell phone bills, pay stubs, tax forms, bank or credit card statements, insurance policies). (Submit a minimum of 1 document ) for each person.

From these, I can only show them credit card statements. Would this be enough?

How can you only have credit card statements? Do you not have a cell phone? Letters from your school? Payslips? IDs showing your address? Correspondence from IRCC? Tax letters?

4. Documents to show that you previously cohabited in a common-law relationship for a minimum of 12 months

How to go about this? What kind of documents Can I show?

As stated on the checklist, this is for people who are NOT currently living together and therefore doesn't apply to you.

5.Important documents for you and your sponsor showing that you are recognized as each other's common-law partner (such
as employment or insurance benefits)
Documentary evidence of financial support between you and your sponsor, and/or shared expenses.

Again, nothing that we can show. All we have are hundreds of photos, messages on social media and texts. None of us is employed. she gets support from her parents and I work as a Tutor.

How do you deal with money and expenses as a couple? There is a third option for that set of proofs, relationship recognition. Also, working as a tutor counts as employment, so not sure how you can say you are not employed.

 

[sarkhan9229]

Honestly since you have a PGWP sounds like you should take this year to try to find some full-time jobs and establish some paperwork. Although there is no income requirement for spousal sponsorship you still need to show that you will be able to support yourselves and I think there will be some concerns about that at this point.

I agree. I just need to work full time for a year or part time for 2 years and I can get the PR easily. However, the first problem is that I totally enjoy my job as a tutor now since I don't have a boss and make good money. I am able to show proof of money earned as well. Therefore, looking for a government accepted job is not something I want to do.
Second problem is that I heard that when you get a PR that way, the fees are much higher. Is that right? A friend of mine told me he ended up paying something like $4000, but I know that common-law application costs only $1040.

 

[bafonso]

Unless the sponsor is under social assistance there should be no financial hurdles for family sponsorship. Doesn't seem like this is the case And common law shouldn't be that hard to show.

 

[canuck78]

I agree. I just need to work full time for a year or part time for 2 years and I can get the PR easily. However, the first problem is that I totally enjoy my job as a tutor now since I don't have a boss and make good money. I am able to show proof of money earned as well. Therefore, looking for a government accepted job is not something I want to do.
Second problem is that I heard that when you get a PR that way, the fees are much higher. Is that right? A friend of mine told me he ended up paying something like $4000, but I know that common-law application costs only $1040.

Not suggesting you not go down the common law route. Many spousal sponsorship applications get refused or require extra proof of how the couple plan to support themselves before they get approved. I was under the false impression that a tutor's salary wouldn't be able to support both of you if you both had to move out and live on your own but I guess that is not the case.

 

[sarkhan9229]

That should be fine. Get the letter from her mother notarized.

Yes, show the joint bank account. Submit a few statements covering at least a one year period.

The problem with the bank account, to be honest, is that we just recently (5 months ago) opened one and put money in it and never used it

How can you only have credit card statements? Do you not have a cell phone? Letters from your school? Payslips? IDs showing your address? Correspondence from IRCC? Tax letters?

We both have cellphones. The problem with mine is that it had a different billing address, the one from 3 years ago. I never even thought about that since my monthyl payments have been made through pre-authorized payments. I just changed it to my current address. Would that help? I am assuming they will bill me here and I will have something to show to IRCC.

She has many letters from school (OSAP as well) and I should have a few. She has payslips from her past employer, I do not have any because I have never had an employer. I have been self-employed. I just have a student card which does not show my address. The only correspondence from IRCC that has my current address on it is my work permit. I have 2 tax letters that shows my current address.

As stated on the checklist, this is for people who are NOT currently living together and therefore doesn't apply to you.

How do you deal with money and expenses as a couple? There is a third option for that set of proofs, relationship recognition. Also, working as a tutor counts as employment, so not sure how you can say you are not employed

We do groceries together and we both pay. Same thing happens when we go out, although I pay most of the time. Her parents pay for her school, rent and any other bills. I pay for my own bills.

I meant to say, I am not employed by a company. THANKS A LOT FOR YOUR HELP!!

 

[sarkhan9229]

Unless the sponsor is under social assistance there should be no financial hurdles for family sponsorship. Doesn't seem like this is the case And common law shouldn't be that hard to show.

She just gets OSAP, which I researched and it does not count as social assistance. It is kinda hard to show though :/ I wish I knew we were gonna end up doing this common-law thing so I would have prepared things in advance

 

[sarkhan9229]

Not suggesting you not go down the common law route. Many spousal sponsorship applications get refused or require extra proof of how the couple plan to support themselves before they get approved. I was under the false impression that a tutor's salary wouldn't be able to support both of you if you both had to move out and live on your own but I guess that is not the case.

Yes, we are not planning to move out. My salary + her financial support from OSAP and her parents have been more than enough to support us. Thanks a lot for help by the way!

 

[canuck78]

Yes, we are not planning to move out. My salary + her financial support from OSAP and her parents have been more than enough to support us. Thanks a lot for help by the way!

For your application they will want to see that you can support yourselves even if you don't plan to move out. They are trying to ensure that you are not at risk of needing welfare if for some reason you have to move out unexpectedly. If you are dependent on her parents financial support I would anticipate needing extra documentation from her parents about their own finances and documentation that they plan to support you financially and they will let you live with them. You can do some research about similar cases and decide whether you want to be proactive and include the documents or wait and see whether they end up being requested. Hard for me to guess given I don't know what your financial situation is like and how much support you receive.

 

[canuck_in_uk]

The problem with the bank account, to be honest, is that we just recently (5 months ago) opened one and put money in it and never used it

We both have cellphones. The problem with mine is that it had a different billing address, the one from 3 years ago. I never even thought about that since my monthyl payments have been made through pre-authorized payments. I just changed it to my current address. Would that help? I am assuming they will bill me here and I will have something to show to IRCC.

She has many letters from school (OSAP as well) and I should have a few. She has payslips from her past employer, I do not have any because I have never had an employer. I have been self-employed. I just have a student card which does not show my address. The only correspondence from IRCC that has my current address on it is my work permit. I have 2 tax letters that shows my current address.

We do groceries together and we both pay. Same thing happens when we go out, although I pay most of the time. Her parents pay for her school, rent and any other bills. I pay for my own bills.

I meant to say, I am not employed by a company. THANKS A LOT FOR YOUR HELP!!

If the bank account is only 5 months old, it is not a common-law proof. You will need to submit other address proofs covering at least a one year period. If you don't have such proofs, then there is not really any point in submitting your app right now. The whole basis of the common-law app is being able to prove at least one year of continuous cohabitation.

 

[canuck_in_uk]

For your application they will want to see that you can support yourselves even if you don't plan to move out. They are trying to ensure that you are not at risk of needing welfare if for some reason you have to move out unexpectedly. If you are dependent on her parents financial support I would anticipate needing extra documentation from her parents about their own finances and documentation that they plan to support you financially and they will let you live with them. You can do some research about similar cases and decide whether you want to be proactive and include the documents or wait and see whether they end up being requested. Hard for me to guess given I don't know what your financial situation is like and how much support you receive.

IRCC will not require them to prove they can support themselves if they have to move out. A letter from the parents stating they will provide a place to live and financial support is generally sufficient. This is a common situation and family support is an accepted form of financial proof.

 

[sarkhan9229]

If the bank account is only 5 months old, it is not a common-law proof. You will need to submit other address proofs covering at least a one year period. If you don't have such proofs, then there is not really any point in submitting your app right now. The whole basis of the common-law app is being able to prove at least one year of continuous cohabitation.

I will probably wait till I can provide enough evidence, thanks for the suggestion. I have another question, slightly irrelevant, but how do you think I can get a health insurance if I do not have an official job and not even planning to apply for one?
When I was at U of T, I was covered by UHIP and it was an awesome coverage. Now, I am a bit worried because if some kind of health problem pops up, I will have to pay a lot for the treatment. I just have the post-grad work permit at the moment and my study permit + visa are expiring on december 1st.

 

[canuck_in_uk]

I will probably wait till I can provide enough evidence, thanks for the suggestion. I have another question, slightly irrelevant, but how do you think I can get a health insurance if I do not have an official job and not even planning to apply for one?
When I was at U of T, I was covered by UHIP and it was an awesome coverage. Now, I am a bit worried because if some kind of health problem pops up, I will have to pay a lot for the treatment. I just have the post-grad work permit at the moment and my study permit + visa are expiring on december 1st.

Without a full-time job, you won't qualify for OHIP, so you should look into some emergency coverage. You will need to pay for anything else.

 

[sarkhan9229]

Hello everyone,

I am almost finishing the application (collected more/better proof since last time) but have only one question remaining:

All applicants must also provide the following:
Documentary evidence of financial support between you and your sponsor, and/or shared expenses.

1. We have no documentary evidence, phone bills are paid separately, she does not pay rent (it is her mom's apartment), we get groceries together (I have receipts saved from costco) and we both pay when we dine outside (I have a transaction history that lists this one japanese ramen place that we go to many times), and we sometimes send each other money (interac e-transfer) that I have the records for.
Would any of what I said above work as documentary evidence or shared expenses? How can I make this look more legit?
What else counts as evidence of financial support that I am missing? We also have a joint bank account that we opened in may of 2017, but we don't really use that card a lot.

2) If the first option does not seem good enough to be submitted as documentary evidence, how should I write them an explanation letter effectively stating as to why I cant provide what they want? (doc. evidence)

Thanks so much in advance!