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common law application denied, next step?

emma11love

Newbie
Feb 5, 2018
6
0
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
I'm a bit confused. You said you've been living together for 3 years? Or in a relationship for 3 years?
 

emma11love

Newbie
Feb 5, 2018
6
0
I'm a bit confused. You said you've been living together for 3 years? Or in a relationship for 3 years?
We started to live together almost right after we started to date. Anyway since we dont have many evidence for those time periods, we want to wait full 1 year before we reapply just in case this time.
 

Elanigana

Hero Member
Nov 22, 2016
208
41
Category........
FAM
App. Filed.......
05-02-2018
We started to live together almost right after we started to date. Anyway since we dont have many evidence for those time periods, we want to wait full 1 year before we reapply just in case this time.
What evidence did you show that you lived together?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
So where did you live together before you came to Canada? What proofs did you submit of this?

And if you applied in May 2017, how does a bank account from Sept 2017 apply?
 

emma11love

Newbie
Feb 5, 2018
6
0
So where did you live together before you came to Canada? What proofs did you submit of this?

And if you applied in May 2017, how does a bank account from Sept 2017 apply?
We lived together in Korea for 3 years. We didnt know we are going to move to canada so we didnt gather many evidence.
And when they asked for more documents , we submit joint bank account, bill that kind of proof. But they haven't been 1 year.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
We lived together in Korea for 3 years. We didnt know we are going to move to canada so we didnt gather many evidence.
And when they asked for more documents , we submit joint bank account, bill that kind of proof. But they haven't been 1 year.
Seems like you didn't really have solid evidence to support 12 months of cohabitation. If I were you I'd skip the appeal, wait until you have lots of evidence that goes back 12 months, and then re-apply again.

Or for a quicker option, get married and then apply.
 

emma11love

Newbie
Feb 5, 2018
6
0
Seems like you didn't really have solid evidence to support 12 months of cohabitation. If I were you I'd skip the appeal, wait until you have lots of evidence that goes back 12 months, and then re-apply again.

Or for a quicker option, get married and then apply.
Sure, i agree with you. Then should we get married? Will it affect the application?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Sure, i agree with you. Then should we get married? Will it affect the application?
Whether you want to get married or not is up to you.

Not sure what you mean by "affect the application". If you get married, then you'll submit a brand new app as a married couple, not common-law.
 
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Reactions: emma11love

NorthwardCA

Star Member
Oct 31, 2017
93
65
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
  1. Marry now or in May makes no difference. Not suspicious :)
  2. If you are married, the review process may be faster than common law, but it won't be "easier." In both cases, evidence must support a real relationship.
I am not sure if you have to prove co-habitation for a year if you are married (someone else will know better than me), but considering you've been rejected once, I'd make sure I have a LOT of evidence to support the relationship the next time around. They may not be impressed if the only difference is the fact that you got married. It may benefit you to wait awhile to build up that history and supporting evidence.

Good luck.
 
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Reactions: emma11love

lee9

Full Member
Nov 22, 2017
43
7
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
So
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
sorry, to read about, did u get any request for further documents? Medical? , or it was a straight rejection ?
 

geografa

Hero Member
Apr 30, 2017
237
97
Hello, I applied under common law visa(outland) in 2017 May and 2018 Feb. heard that we are denied.
(i came to Canada 2017 Aug with tourist visa. and extended it once in 2018 Jan)

The reason is following:
I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year. You have not provided sufficient information or translated copies of documents to support that you have cohabitated in a conjugal relationship for a period of 12 continuous months at the time your application was submitted. As a result, you do not meet the definition of a member of the family class.

and it's true that most of our "valid" evidence (joint bank account, bill etc) are from 2017 Sep. even though we have lived together over 3 years. We didn't collect "valid" evidence too much :(

Our plan is
1)getting married in May or so (not right away after rejection-think it looks suspicious)
2)apply under a spousal sponsorship
3)still wait until 2018 Sep to re-apply to be sure(one year since we started to collect valid evidence)

What do you think about our plan? Should I just keep waiting until Sep and reapply under common law again? or getting married is better?

Greatly appreciate your helps.
Hey!
I'm surprised that they didn't give you the opportunity to provide more documentation to support your common-law status?? I thought this was a requirement!
 

JulianaAndrew

Hero Member
Feb 14, 2017
670
314
Colombia
Category........
FAM
Visa Office......
Bogota
App. Filed.......
26-07-2017
Doc's Request.
Schedule A and PCC: 01-09-2017
AOR Received.
AOR1: 01-09-2017, AOR2: 19-09-2017
File Transfer...
15-09-2017
Med's Request
02-01-2018
Med's Done....
23-01-2018
Interview........
06-12-2017 - Passed
Passport Req..
06-12-2017
VISA ISSUED...
05-03-2018
LANDED..........
10-03-2018
And when they asked for more documents , we submit joint bank account, bill that kind of proof. But they haven't been 1 year.
Hey!
I'm surprised that they didn't give you the opportunity to provide more documentation to support your common-law status?? I thought this was a requirement!
They did give them the opportunity...