Proof of cohabitation rejected

[Wayne72]

I sponsored my wife for PR back in March 2018 (inland) and CIC did asked for proof of cohabitation back in November 2018.

We didn't have a joint bank account because most of banks that we went to require her to be at least a PR
before allowing her to have a bank account but we provided everything else.

I have sent CIC the following documents and today we received a reply stating that CIC rejected our
application. Here's the reply in bold:

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in Canada since the filing of your application.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, commonlaw partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or commonlaw partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member
of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the 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.

We're married in Toronto in Nov 2017 and we have sent in:

1. My wife's Ontario ID card showing our address and it was issued in Feb 2018.
2. Our marriage certificate for proof of marriage.
3. In Sep 2018 my wife gave a home birth to a baby girl and we provided the letter form the midwife office showing that the delivery was done at our address.
4. We also have submitted a request to CIC to add a family to the documents after our daughter was born and stated that in Section D of the birth certificate showed the home address of both parents.
5. Doctor's prescriptions with our address.

I am lost and any suggestion is appreciated. Should we get in contact with a lawyer because I am worried that if we get rejected again we will not have a chance to appeal as stated in this thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-help.592941/page-5

 

[starnaenae]

So your application was rejected? You cannot appeal as you applied inland. You can reapply and hope for the best. You should try and provide a lease agreement, bills, etc

 

[Wayne72]

Not yet, we are to proof to CIC within 30 days that we satisfy the condition but I am not sure what else to provide and felt like walking on a thin thread. It stated:

"The onus is on you to satisfy me that you are a member of the spouse or common-law partner in
Canada class. I would therefore request that you send any information and/or documents which you
consider might respond to this concern within thirty (30) days from the date of this letter. For
assistance in demonstrating how to meet this requirement, please visit the CIC website at
www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp. I must also advise you that failure
to disabuse me of my concern may result in the refusal of your application."

 

[Longroadtoimmigration]

Phone Bill's showing some address
Lease Agreement with both names
Credit cards showing some address
Joint account ( you dint have to be pr) try TD BANK

 

[Wayne72]

I already owned the home before I got married so all the expenses were already under my name. Also, since I am sponsoring her I took care of all her financial responsibilities.

If we open a joint bank account now will that be valid? Also, if CIC is still not satisfied with the proof will that result in automatic application rejection? If so then I wouldn't want to risk it and will hire a lawyer because we have a child depending on us now.

 

[DollyM]

I already owned the home before I got married so all the expenses were already under my name. Also, since I am sponsoring her I took care of all her financial responsibilities.

If we open a joint bank account now will that be valid? Also, if CIC is still not satisfied with the proof will that result in automatic application rejection? If so then I wouldn't want to risk it and will hire a lawyer because we have a child depending on us now.

What proof do you have that shows that your wife actually lived with you? Have you added her name to the deed to the house? Have you put her name on the bills? Changed your will to make her beneficiary? Does she have a mobile phone contract? Does she have a driver's license to show her address is the same as yours? Did you include statements from friends and family saying that they know you are in a genuine relationship? All of those are important to your application. And no, opening a bank account today won't help. CIC wants to see that you have been a couple since the time of your marriage, not from today.

 

[Wayne72]

You did bring up a good point in regards to having statements from friends and family saying that they know you are in a genuine relationship. This we can get but I thought all the doctor, medical receipts are better than letters from friends and family because when she went to the doctor they did ask for a valid ID and address.

Our daughter's birth certificate also showed the address of both parents listed in the bottom section. She have provided an Ontario ID card, daughter's birth certificate stating the address of both parents, doctor's and prescription receipts showing the a common address.

No, I didn't add her to the deed to the house because I already owned the home prior to marrying her. She doesn't have any bills because I am fully supporting her financially including her cell phone which is a prepaid phone.

She does not have a driver license because she doesn't drive but she does have an Ontario ID card which was issued a month before we applied for the PR.

Correct me if I am wrong but reading the letter again it seemed as that they want more proofs that we were living together at the start of the application not so much of during the application because most of the proofs we provided were supporting the time during the application. Can this be it?

 

[Buletruck]

You are correct they want proof from the date of application. You will need to prove you were common law at the time the application was submitted. What happened after is irrelevant. If you can’t provide sufficient proof of cohabitation prior to that, the application will be refused. If that is the case, don’t waste your time with a lawyer and an attempt at appeal. As previously noted, there is no appeal for a refused inland application. If you are refused, just reapply. It will be faster and cheaper than attempting an appeal.

 

[Wayne72]

Thanks Buletruck and DollyM for your suggestions.

We are not in a conjugal relationship. We're married in Toronto and my wife gave birth to our daughter in Toronto. We have provided Canadian issued Marriage Certificate, daughter's Birth Certificate which showed both parent's common address, and her Ontario ID card which was issued a month before we applied for her PR indicating the address of our home.

If we were to reapply if rejected is there a waiting period before we can do so from inland?

 

[YVR123]

Thanks Buletruck and DollyM for your suggestions.

We are not in a conjugal relationship. We're married in Toronto and my wife gave birth to our daughter in Toronto. We have provided Canadian issued Marriage Certificate, daughter's Birth Certificate which showed both parent's address, and her Ontario ID card which was issued a month before we applied for her PR indicating the address.

I think they some how are concern that she doesn't live with you when you submitted the application.

Try to find any bills or any statements with her at your home address. Back when I got married I also owned my apartment. I let my hubby handled and put his name on the internet bills. We didn't send that when we applied but it is good proof if that's requested. His cell phone bill also have our address.

I know that you try to take care of her but does she have anything under your address other than the Ontario ID card and marriage certificate?
(credit card bill, gym membership, insurance, how about her travel health insurance if she purchase any?)

 

[Wayne72]

Hi YVR123, in hindsight I should have put something under her name but at the time we didn't feel we need to or knew any better. My wife didn't make much to begin with so we didn't see any reasons to have anything under her name at the time of applying for the PR.

We can get friends to draft up a letter vouching for us and that's probably the next step. If we're to reapply if rejected is there a waiting period and will the proof of cohabitation requirements now starts from the new date when we reapply?

 

[DollyM]

So your wife worked at first? What about her tax return showing you both filed as married with the other as the spouse? Her T4 should have her address on it, as should her tax return and employment records. If you're in Toronto when she left her employer she would have received a Record of Employment that has her address on it.

As for reapplying, you can reapply as soon as you receive a decision. Just make sure that if you apply again that you have plenty of proof that you are indeed a genuine couple. Unfortunately a child does not necessarily prove a genuine marriage to CIC. You're going to need a lot more than that.

And on a personal note, as a woman I would be wary of being in a new country with no employment, no joint accounts, no joint assets. What happens if you get hit by a bus tomorrow? She's not going to be able to access anything and will probably have to go back to her home country. For the sake of protecting your wife and child (and for proof of a genuine marriage) you need to sort out the financial situation. (motherly advice over)

 

[Wayne72]

Hi DollyM, sorry for being unclear. My wife was working in her country not in Canada and she wasn't making much as she had living expenses to cover as well there.

We did try opening a joint bank account but most of the banks we went to require her to have at least a PR. They won't let her open a joint bank account and I have asked Simplii, Tangerine, CIBC, Scotia, and TD. I should have gone to RBC as advised but at the time we didnt' bother. I read in another thread that the rules and policy for opening up a Canadian bank account has changed as of last year.

We always kept cash at home for emergency and much later on she did have a joint credit card. We were going to have a joint bank account as soon as she got the PR. I just didn't think this would be a big deal in the eyes of CIC because I understood at the start of the application that I will be solely responsible for her. As for emergency funds, my parents and sibling are there to help her out if need be. This wasn't an issue for us.

She had very little expenses in Canada as we try to save and be as economical as possible. So she didn't have a monthly cell phone plan or subscription to anything.

 

[tiarachel85]

I sponsored my wife for PR back in March 2018 (inland) and CIC did asked for proof of cohabitation back in November 2018.

We didn't have a joint bank account because most of banks that we went to require her to be at least a PR
before allowing her to have a bank account but we provided everything else.

I have sent CIC the following documents and today we received a reply stating that CIC rejected our
application. Here's the reply in bold:

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in Canada since the filing of your application.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be
selected as a member of the family class on the basis of their relationship as the spouse, commonlaw partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or commonlaw partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member
of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the 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.

We're married in Toronto in Nov 2017 and we have sent in:

1. My wife's Ontario ID card showing our address and it was issued in Feb 2018.
2. Our marriage certificate for proof of marriage.
3. In Sep 2018 my wife gave a home birth to a baby girl and we provided the letter form the midwife office showing that the delivery was done at our address.
4. We also have submitted a request to CIC to add a family to the documents after our daughter was born and stated that in Section D of the birth certificate showed the home address of both parents.
5. Doctor's prescriptions with our address.

I am lost and any suggestion is appreciated. Should we get in contact with a lawyer because I am worried that if we get rejected again we will not have a chance to appeal as stated in this thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-help.592941/page-5

Did they request her medical?
What status it shows on ecas and mycic?

 

[Wayne72]

The status shows:

Review of eligibility - Your application is in progress. We will send you a message when we start reviewing your eligibility.
Review of medical results - You passed the medical exam.
Review of additional documents - Not applicable.
Interview - You do not need an interview. We will send you a message if this changes.
Biometrics - We do not need your fingerprints. We will send you a message if this changes.
Background check - We are processing your background check. We will send you a message if we need more information.
Final decision - Your application is in progress. We will send you a message once the final decision has been made.