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Procedural Fairness Letter & Last stitch facebook post idea

commonlawing

Full Member
Jun 26, 2018
27
0
Hey folks!

I'm being sponsored as a common-law partner. My partner and I have been together for 6 years. Our year of continuous cohabitation happened during college. We moved 3 times during our time cohabitation. We anticipated being able to easily prove it, we have an enormous amount of circumstantial evidence (letters, packages shipped to the right addresses, bank statements proving we were in right are at right time, etc.) but we are lacking the basic things — leases, utility bills, and the like evade us.

We've contacted our MP and ordered our GMCS notes (is that the acronym?). The MP has ideas for how to help us frame an explanatory letter and will write a letter of support. We're also getting married this week (yay!!!). We pushed our marriage date forward a bit for a variety of reasons, wondering if that will effect our application at all though?

We have another 2 weeks before we have to reply to the procedural fairness letter and my partner had the idea of posting the following on Facebook with the idea of getting friends & family to reply. She thought it could work as a public post or if we invited the appropriate people into a private group and posted it there. The idea is screenshotting responses to the post and sending them as evidence, as we always lived with roommates and had friends and family come to these homes.

It obviously has to be grammatically fixed and every time you see "*'s* it's where I've just removed some personal info so as to keep this private. We're concerned with the idea in general, less so the wording of the post itself, I'll fix that.

Here it is:

Hey friends! *Name* and *Name* here to give you a major life update and to ask for a moment of your time and memories. - [ ] As some of you might know, I was banned from the USA for 5 years in February of 2017 (3 years left! Woop!) I was falsely accused of making money on my music while I was living near *New York Town* with *Name* and *Name* recording what was going to be a new album with *band name*. I was forced to move to Montreal and begin my life all over again in the city I was born in but hadn’t lived in since toddlerhood. - [ ] A few months later, *Name* came to join me in montreal and we began his application for permanent residency in Canada as my ‘common law partner.’ In Canada you are allowed to sponsor a romantic partner if you can prove that you lived together continuously for one year. We naively thought that we could easily prove our cohabitation through explaining that we lived together in the same room in *college dorm* in 2013-2014,over the following summer in a subletted apartment in Medford, Massachusetts, and in the Fall of 2014 at *Address*. Add that to our time living together in the van, in tents and travelling together, plus the fact that we’ve been together for almost 6 years, we thought we would have no trouble convincing immigration of the legitimacy of our common-law partnership. The immigration forms said that if we didn’t have joint leases or phone bills, all they needed was an explanation letter plus tons of pictures and recommendation letters from those close to us. Fast forward to one year after submitting our application and we have been informed that after our initial application AND their request for follow-up information, immigration Canada STILL doesn’t believe that we have enough evidence backing up our year of cohabitation. We have 30 days to convince them or *Name* will be refused and we will be separated, with the possibility of us both being banned from each other’s countries. I can’t even begin to describe just how horrible this would be. - [ ] Anyhow, we were hoping we could ask a big favour of y’all. If you have anything to say about my and *Name's* relationship, memories or anecdotes or maybe a photo of us hiding away in your google photos, please add them to this thread. Any memories pertaining to us living together at *College dorm*, in *Near boston* and in *New York* would be especially helpful. Even tiny, seemingly insignificant memories help! You saw us buying baguettes every weekend at *Town* bakery? Write it! You saw me filling up the gas in his car? Write it! Don’t remember anything specific but know that our relationship is real? ‘Like’ this status! We think the numbers of engagements could help. We hope to screenshot our responses and send them as a final piece of evidence to justify our case and prove our legitimate relationship. - [ ] Thank you so much for your participation in this. All we want is to be allowed to be together and to finally begin building our lives together. If any one has any follow-up questions please feel free to ask us in a personal message. - [ ] Thanks again - [ ] *Name* and *Name*
 

starnaenae

Champion Member
Aug 9, 2016
2,792
837
Category........
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Visa Office......
Mexico
App. Filed.......
March 1 2017
Doc's Request.
March 27, 2017, July 10, 2017
AOR Received.
AOR 1:March 17 2017 AOR 2: May 10, 2017
File Transfer...
April 8, 2017
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Upfront - PASSED
Med's Done....
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i dont think a facebook post would help.. they was concrete evidence such as leases, bills, etc... anyone can make things up on Fb
 

ryester

Champion Member
Oct 11, 2018
1,150
675
Hey folks!

I'm being sponsored as a common-law partner. My partner and I have been together for 6 years. Our year of continuous cohabitation happened during college. We moved 3 times during our time cohabitation. We anticipated being able to easily prove it, we have an enormous amount of circumstantial evidence (letters, packages shipped to the right addresses, bank statements proving we were in right are at right time, etc.) but we are lacking the basic things — leases, utility bills, and the like evade us.

We've contacted our MP and ordered our GMCS notes (is that the acronym?). The MP has ideas for how to help us frame an explanatory letter and will write a letter of support. We're also getting married this week (yay!!!). We pushed our marriage date forward a bit for a variety of reasons, wondering if that will effect our application at all though?

We have another 2 weeks before we have to reply to the procedural fairness letter and my partner had the idea of posting the following on Facebook with the idea of getting friends & family to reply. She thought it could work as a public post or if we invited the appropriate people into a private group and posted it there. The idea is screenshotting responses to the post and sending them as evidence, as we always lived with roommates and had friends and family come to these homes.

It obviously has to be grammatically fixed and every time you see "*'s* it's where I've just removed some personal info so as to keep this private. We're concerned with the idea in general, less so the wording of the post itself, I'll fix that.

Here it is:

Hey friends! *Name* and *Name* here to give you a major life update and to ask for a moment of your time and memories. - [ ] As some of you might know, I was banned from the USA for 5 years in February of 2017 (3 years left! Woop!) I was falsely accused of making money on my music while I was living near *New York Town* with *Name* and *Name* recording what was going to be a new album with *band name*. I was forced to move to Montreal and begin my life all over again in the city I was born in but hadn’t lived in since toddlerhood. - [ ] A few months later, *Name* came to join me in montreal and we began his application for permanent residency in Canada as my ‘common law partner.’ In Canada you are allowed to sponsor a romantic partner if you can prove that you lived together continuously for one year. We naively thought that we could easily prove our cohabitation through explaining that we lived together in the same room in *college dorm* in 2013-2014,over the following summer in a subletted apartment in Medford, Massachusetts, and in the Fall of 2014 at *Address*. Add that to our time living together in the van, in tents and travelling together, plus the fact that we’ve been together for almost 6 years, we thought we would have no trouble convincing immigration of the legitimacy of our common-law partnership. The immigration forms said that if we didn’t have joint leases or phone bills, all they needed was an explanation letter plus tons of pictures and recommendation letters from those close to us. Fast forward to one year after submitting our application and we have been informed that after our initial application AND their request for follow-up information, immigration Canada STILL doesn’t believe that we have enough evidence backing up our year of cohabitation. We have 30 days to convince them or *Name* will be refused and we will be separated, with the possibility of us both being banned from each other’s countries. I can’t even begin to describe just how horrible this would be. - [ ] Anyhow, we were hoping we could ask a big favour of y’all. If you have anything to say about my and *Name's* relationship, memories or anecdotes or maybe a photo of us hiding away in your google photos, please add them to this thread. Any memories pertaining to us living together at *College dorm*, in *Near boston* and in *New York* would be especially helpful. Even tiny, seemingly insignificant memories help! You saw us buying baguettes every weekend at *Town* bakery? Write it! You saw me filling up the gas in his car? Write it! Don’t remember anything specific but know that our relationship is real? ‘Like’ this status! We think the numbers of engagements could help. We hope to screenshot our responses and send them as a final piece of evidence to justify our case and prove our legitimate relationship. - [ ] Thank you so much for your participation in this. All we want is to be allowed to be together and to finally begin building our lives together. If any one has any follow-up questions please feel free to ask us in a personal message. - [ ] Thanks again - [ ] *Name* and *Name*
I think you need to make effort to address what is being concerned by IRCC. What is their major suspicion about your relationship? Obviously, living together for 6 years did not convince them. I would suggest collecting the materials that IRCC asked for instead of collecting support from FB which may or may not be useful.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
Hey folks!

I'm being sponsored as a common-law partner. My partner and I have been together for 6 years. Our year of continuous cohabitation happened during college. We moved 3 times during our time cohabitation. We anticipated being able to easily prove it, we have an enormous amount of circumstantial evidence (letters, packages shipped to the right addresses, bank statements proving we were in right are at right time, etc.) but we are lacking the basic things — leases, utility bills, and the like evade us.

We've contacted our MP and ordered our GMCS notes (is that the acronym?). The MP has ideas for how to help us frame an explanatory letter and will write a letter of support. We're also getting married this week (yay!!!). We pushed our marriage date forward a bit for a variety of reasons, wondering if that will effect our application at all though?

We have another 2 weeks before we have to reply to the procedural fairness letter and my partner had the idea of posting the following on Facebook with the idea of getting friends & family to reply. She thought it could work as a public post or if we invited the appropriate people into a private group and posted it there. The idea is screenshotting responses to the post and sending them as evidence, as we always lived with roommates and had friends and family come to these homes.

It obviously has to be grammatically fixed and every time you see "*'s* it's where I've just removed some personal info so as to keep this private. We're concerned with the idea in general, less so the wording of the post itself, I'll fix that.

Here it is:

Hey friends! *Name* and *Name* here to give you a major life update and to ask for a moment of your time and memories. - [ ] As some of you might know, I was banned from the USA for 5 years in February of 2017 (3 years left! Woop!) I was falsely accused of making money on my music while I was living near *New York Town* with *Name* and *Name* recording what was going to be a new album with *band name*. I was forced to move to Montreal and begin my life all over again in the city I was born in but hadn’t lived in since toddlerhood. - [ ] A few months later, *Name* came to join me in montreal and we began his application for permanent residency in Canada as my ‘common law partner.’ In Canada you are allowed to sponsor a romantic partner if you can prove that you lived together continuously for one year. We naively thought that we could easily prove our cohabitation through explaining that we lived together in the same room in *college dorm* in 2013-2014,over the following summer in a subletted apartment in Medford, Massachusetts, and in the Fall of 2014 at *Address*. Add that to our time living together in the van, in tents and travelling together, plus the fact that we’ve been together for almost 6 years, we thought we would have no trouble convincing immigration of the legitimacy of our common-law partnership. The immigration forms said that if we didn’t have joint leases or phone bills, all they needed was an explanation letter plus tons of pictures and recommendation letters from those close to us. Fast forward to one year after submitting our application and we have been informed that after our initial application AND their request for follow-up information, immigration Canada STILL doesn’t believe that we have enough evidence backing up our year of cohabitation. We have 30 days to convince them or *Name* will be refused and we will be separated, with the possibility of us both being banned from each other’s countries. I can’t even begin to describe just how horrible this would be. - [ ] Anyhow, we were hoping we could ask a big favour of y’all. If you have anything to say about my and *Name's* relationship, memories or anecdotes or maybe a photo of us hiding away in your google photos, please add them to this thread. Any memories pertaining to us living together at *College dorm*, in *Near boston* and in *New York* would be especially helpful. Even tiny, seemingly insignificant memories help! You saw us buying baguettes every weekend at *Town* bakery? Write it! You saw me filling up the gas in his car? Write it! Don’t remember anything specific but know that our relationship is real? ‘Like’ this status! We think the numbers of engagements could help. We hope to screenshot our responses and send them as a final piece of evidence to justify our case and prove our legitimate relationship. - [ ] Thank you so much for your participation in this. All we want is to be allowed to be together and to finally begin building our lives together. If any one has any follow-up questions please feel free to ask us in a personal message. - [ ] Thanks again - [ ] *Name* and *Name*
What's the specific issues called out in the PFL?
 

allen80629

Member
May 19, 2018
18
13
34
Richmond, BC
Category........
FAM
App. Filed.......
15-01-2018
Doc's Request.
17-02-2018
AOR Received.
17-02-2018
Med's Request
03-07-2018
Med's Done....
06-07-2018
If it's about the limited evidences for the cohabitation then you will need to send them the evidences they requested (Credit card statements, bank statements, hydro bills, cable bills, phone bills, insurance, lease ....) or Costco or gym membership. Those evidences needs to cover at least FULL 12 months from the date you start living together to the date you submit your application and still ongoing. Facebook posts, letters from friends and families (even notarized) or more photos won't weight much. If you can't come up with the mentioned evidences with 12 months of coverage then you will need to provide a good explanation and pray the VO will accept it.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Given that you seem to have moved a lot and lived in things like tents I would focus in a a 1 -1.5 year period where you have the best proof. I imagine you weren't allowed to live together in a dorm room so it will be hard to prove that you lived together without having another apartment that one of you were renting. I was an RA (or don) and after a significant other was around for a week or two we started taking about not being allowed to live in the dorms full-time.
 

commonlawing

Full Member
Jun 26, 2018
27
0
What's the specific issues called out in the PFL?
The issue is specifically in regards to our 1 year of continuous cohabitation proof. Agent is not satisfied with our evidence.

The MP we spoke with seems to think we have decent evidence, but we need a better explanation for what we are missing.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
The issue is specifically in regards to our 1 year of continuous cohabitation proof. Agent is not satisfied with our evidence.

The MP we spoke with seems to think we have decent evidence, but we need a better explanation for what we are missing.
Having utilities/leases/insurance/licenses etc are usually pretty important pieces of evidence in proving CL. Because you applied as CL, getting married probably won't do much to strengthen your case, unless you withdraw and reapply as married. A Facebook post likely will not satisfy those gaps for the officer. Unfortunately the MP isn't the one making the final decision, so their opinion isn't worth much in these situations. Hopefully you can submit sufficient explanations that will convince the officer.
 
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TrangVu

Full Member
Jan 18, 2019
42
3
I got the same situation. How was your? Did you write a letter to explain? I’m going to write one and need a sample since I’m international and don’t know how to start. If it’s ok, can I take a look at yours? Thank you
 

commonlawing

Full Member
Jun 26, 2018
27
0
I got the same situation. How was your? Did you write a letter to explain? I’m going to write one and need a sample since I’m international and don’t know how to start. If it’s ok, can I take a look at yours? Thank you

Hey there,

My advice is to not respond without doing the following:

a) consider consulting a lawyer
b) contact a MP for advice and support
c) order your GCMS notes online
d) prepare a detailed but brief and organized explanation letter
e) really try to pull together final helpful info now (call your bank, old landlord, etc.)

I haven’t heard back about my case yet. Hoping for the best.

Good luck!
 

TrangVu

Full Member
Jan 18, 2019
42
3
Hey there,

My advice is to not respond without doing the following:

a) consider consulting a lawyer
b) contact a MP for advice and support
c) order your GCMS notes online
d) prepare a detailed but brief and organized explanation letter
e) really try to pull together final helpful info now (call your bank, old landlord, etc.)

I haven’t heard back about my case yet. Hoping for the best.

Good luck!
What is MP, GCMS?
 

TrangVu

Full Member
Jan 18, 2019
42
3
What did you send for your case? I got the contract, pictures and my baby’s birth certificate includes me and him plus our old address (I gave birth at home). But all his paper sent back to his aunts house then he will come and collect it (because he doesn’t want to lose it so he fill his aunts address for all his paperwork)
 

commonlawing

Full Member
Jun 26, 2018
27
0
I just received a refusal notice.

"This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class. I have determined that you do not meet the requirements for immigration to Canada.

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.

According to subsection 1(1) of the Immigration and Refugee Protection Regulations, a “common-law” partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

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

A letter was sent to you on January 25, 2019. This letter informed you that if this office did not receive the required evidence and documents from you within 30 days of the date of that letter, your application would be assessed on the basis of the information that was already before the officer. You were informed that failure to provide the additional information could result in the refusal of your application. I have reviewed your file including the additional information that you have submitted on March 06, 2019. I am not satisfied that you and your sponsor have been cohabiting in a conjugal relationship for a period of at least one year at the time your application was submitted. As a result, you do not meet the definition of common-law partner. 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. Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga Website: www.cic.gc.ca Site web: www.cic.gc.ca For the reasons set out above, I am not satisfied that you are a member of the spouse or common-law partner in Canada class and that you meet the definition of a common-law partner as defined in the Regulations. I am therefore refusing your application for permanent residence. If the Right of Permanent Residence fee was paid, it will be refunded within six to eight weeks to the payee listed on the proof of payment you submitted with your application. If the fee was paid by credit card, it will be credited back to the credit card account. Otherwise, a cheque will be mailed to the payee’s address in approximately six weeks to eight weeks. Should you wish to reapply, you will be required to submit a new application and pay a new processing fee. Any new application will be assessed according to the Immigration and Refugee Protection Act in force at the time that the new application is filed."

My work permit was also officially refused:

"This letter refers to your application for a Work Permit. Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused. Since your Application for Permanent Residence has been refused, you are no longer eligible for an open work permit. You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations. You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you."

My plan at this point is to leave the country for two weeks, fill out a marriage PR application, as I am now married to my partner, and to try and return to the border with the in-land application in hand. I'm American and my partner is banned from the USA, which is why applying in-land is so important.

I've started to try and find a lawyer.

Any advice is welcome.