Haha my room mates during college had more documentation and proof to provide that we were staying together.
Don’t get frustrated at the system .. rather at yourself for not making it through such a straightforward immigration system.
Application refused for Common Law lack of evidence
- Thread starter AlvaroP
- Start date
Don’t get frustrated at the system .. rather at yourself for not making it through such a straightforward immigration system.
Exactly! How hard can it be to provide pictures, messages and other evidence of you and your partner of 4 years?
Guys I don't think it's the best time to give such comments. Please be sensitive. The applicant despite the way he/she is feeling decided to seek for advice. He shouldn't be reprimanded as this would have no positive value at the moment. Simply state your suggestions and that should be it.
Can you clarify what you mean by invoices? To prove common law - you must show that you have cohabitated for a full year continuously. Normally people demonstrate this through providing joint rental agreements that are at least a year old or joint property ownership. Typically would also want to show joint utility bills - again, going back at least one full year. Joint bank accounts are good as additional documentation as long as they show both of you at the same addresss - and as long as the bank account statement isn't recent but goes back at least one full year.
What specifically did you provide? Did the joint bank statements span at least a one year period? What other "common invoices" and what time span?
Before sending my documents I entered the CIC site in order to see what was considered as a proof of common law:
As well, as we have had two different addresses in Mexico, and we provided 4 utility bills and invoices of online purchases (internet, Amazon) that we did: one for each in each person sent to each the two addresses, totalling four. That covers a period of more than 4 years that we have been cohabiting here in Mexico.
With this we wanted to proof: 1) that we have a joint economic activity; and 2) that we have been living in more than one address together for a period of 4 years. I frankly cannot see how facebook pictures or chats can improve this.
In any case, what I specifically wanted to know is, since we retain that this in an unfair decision, is there is a way to reclaim after a rejection? Just that.
- proof of joint ownership of residential property
- rental agreement showing both the sponsor and principal applicant as occupants of a rental property
- proof of joint utility accounts (e.g. electricity, gas, telephone, Internet), joint credit card accounts, or joint bank accounts
- vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address.
- copies of government-issued documents for the principal applicant and sponsor showing the same address (e.g. driver’s licenses)
- other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cellphone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)
As well, as we have had two different addresses in Mexico, and we provided 4 utility bills and invoices of online purchases (internet, Amazon) that we did: one for each in each person sent to each the two addresses, totalling four. That covers a period of more than 4 years that we have been cohabiting here in Mexico.
With this we wanted to proof: 1) that we have a joint economic activity; and 2) that we have been living in more than one address together for a period of 4 years. I frankly cannot see how facebook pictures or chats can improve this.
In any case, what I specifically wanted to know is, since we retain that this in an unfair decision, is there is a way to reclaim after a rejection? Just that.
So you only provided one letter about a joint bank account and four bills? And some amazon purchases?That's it?
Four bills doesn't prove you lived together for a year. Twelve may have.
You were rightly rejected. Maybe you should have received a procedural fairness letter or a demand for additional documents, but you didn't provide enough proof of common law status.
Four bills doesn't prove you lived together for a year. Twelve may have.
You were rightly rejected. Maybe you should have received a procedural fairness letter or a demand for additional documents, but you didn't provide enough proof of common law status.
This is the complete text of the letter I received:
Immigration, Refugees and Citizenship Canada (IRCC) has reviewed your application for permanent residence. We have determined that your application does not meet the requirements of a complete application as described in sections 10 and 12.01 of the Immigration and Refugee Protection Regulations. Your application is rejected for being incomplete. Specifically, your application does not include the following elements: - Evidence of common law union or cohabitation (IMM 5409)
Note: A full review of your application was not performed. There may be other elements, not identified above, which may also be missing or incomplete.
Biometric Instruction Letter
If you received a Biometric Instruction Letter requesting that you complete a Biometric Assessment for this application, please disregard. Biometric Assessment(s) for this application are not required at this time.
Refund of fees
As we are rejecting your application, IRCC will refund the fees that you have paid.
Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your Express Entry profile number is no longer valid. If you registered for the Government of Canada’s Job Bank, you should deactivate or remove your Job Seeker profile from the Job Bank website. You should also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.
New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry profile through your MyCIC account. If you choose to submit a new Express Entry profile, you must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply. Documents where validity is important are:
- Upfront medical report: Valid for 12 months from the date of the medical assessment.
- Education Credential Assessment: Must be no more than five years old and issued on or after the date of designation.
- Language test results: Must be no more than two years old.
- Offer of arranged employment (includes Labour Market Impact Assessment (LMIA) and letter of employment offer): LMIAs are valid for 6 months from the date of issue. Your letter of employment must demonstrate you have a current offer of employment.
The information you submitted as part of your original Express Entry profile will remain in your MyCIC account for 60 calendar days from the date of this letter. This information can be used to submit a new Express Entry profile. If you submit a new Express Entry profile, you will get a new profile number. You will also get directions on how to register for Job Bank with this new number. Find out more about immigrating to Canada on our website.
Thank you for your interest in Canada.
Immigration, Refugees and Citizenship Canada (IRCC) has reviewed your application for permanent residence. We have determined that your application does not meet the requirements of a complete application as described in sections 10 and 12.01 of the Immigration and Refugee Protection Regulations. Your application is rejected for being incomplete. Specifically, your application does not include the following elements: - Evidence of common law union or cohabitation (IMM 5409)
Note: A full review of your application was not performed. There may be other elements, not identified above, which may also be missing or incomplete.
Biometric Instruction Letter
If you received a Biometric Instruction Letter requesting that you complete a Biometric Assessment for this application, please disregard. Biometric Assessment(s) for this application are not required at this time.
Refund of fees
As we are rejecting your application, IRCC will refund the fees that you have paid.
Job Seeker account
Since your application is rejected, you are no longer a candidate for Express Entry and your Express Entry profile number is no longer valid. If you registered for the Government of Canada’s Job Bank, you should deactivate or remove your Job Seeker profile from the Job Bank website. You should also remove any references that you are a candidate for Express Entry from any private job board websites, if you used any.
New Express Entry profile
If you still want to come to Canada as a skilled immigrant, you must submit a new Express Entry profile through your MyCIC account. If you choose to submit a new Express Entry profile, you must make sure your documents are valid on:
- the date you submit your new Express Entry profile,
- the date you submit your application for permanent residence, if you are invited to apply. Documents where validity is important are:
- Upfront medical report: Valid for 12 months from the date of the medical assessment.
- Education Credential Assessment: Must be no more than five years old and issued on or after the date of designation.
- Language test results: Must be no more than two years old.
- Offer of arranged employment (includes Labour Market Impact Assessment (LMIA) and letter of employment offer): LMIAs are valid for 6 months from the date of issue. Your letter of employment must demonstrate you have a current offer of employment.
The information you submitted as part of your original Express Entry profile will remain in your MyCIC account for 60 calendar days from the date of this letter. This information can be used to submit a new Express Entry profile. If you submit a new Express Entry profile, you will get a new profile number. You will also get directions on how to register for Job Bank with this new number. Find out more about immigrating to Canada on our website.
Thank you for your interest in Canada.
Your app was rejected as incomplete for not having the Stat Dec, IMM5409. That is NOT refused for lack of proof.
Okay, your application was not reviewed nor refused. It was returned before they reviewed it because you didn't provide proof.
You cannot appeal this as your application was never reviewed and refused.
You must resubmit, with much more proof and the statutory declaration.
You cannot appeal this as your application was never reviewed and refused.
You must resubmit, with much more proof and the statutory declaration.
I don't want to look defensive, I just want to know if there is something I can do about it. But I can hardly think how anyone can have joint invoices, addresses and a bank account for a period of more than 4 years, and thinking that is not common law, but then showing twelve instead of four is going to change that. In any case, if they wanted 12, or 26, instead of 4, they could have asked instead of rejecting. Those are my thoughts.
There is nothing you can do about it. You are required to provide sufficient proof when they open the envelope. They looked at what you provided and felt it didn't meet that test immediately. They didn't take your fees, they just returned the application to you and told you you hadn't included enough proof.
You need to get the idea that you provided enough info already out of your mind - you didn't.
You need to get the idea that you provided enough info already out of your mind - you didn't.
The definition of common law is a minimum of twelve months of cohabitation. You have to prove that. You can't prove evidence of 33% of that time frame and expect it will suffice for 100%