Application refused for Common Law lack of evidence

[AlvaroP]

Thank you all for your answers!

 

[AlvaroP]

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%

We proved 400% of that time, actually...

 

[k.h.p.]

We proved 400% of that time, actually...

Not with four bills.

If I tell you I lived with someone at an address from 2015 to 2019 and then give you bills for January 2015, March and April 2016, and September 2019, I haven't proved anything other than those specific months. There's a lot of empty time between those bills with no evidence.

That's why you provide evidence for each of the twelve months, and some margin for error.

And you get the statutory declaration filled and notarized. Lying there is perjury, and an offence.

 

[AlvaroP]

Not with four bills.

If I tell you I lived with someone at an address from 2015 to 2019 and then give you bills for January 2015, March and April 2016, and September 2019, I haven't proved anything other than those specific months. There's a lot of empty time between those bills with no evidence.

That's why you provide evidence for each of the twelve months, and some margin for error.

And you get the statutory declaration filled and notarized. Lying there is perjury, and an offence.

Four bills and a bank account with economic activity for those 4 years.

 

[canuck_in_uk]

Four bills and a bank account with economic activity for those 4 years.

I'm not sure why you keep arguing it. A letter saying you have had an account for 4 years is not a common-law proof. Actual statements with your names and addresses covering at least a one year period is a common-law proof.

As for the bills, 4 bills over 4 years is not common-law proof. You needed to submit consistent proofs covering the minimum one year, i.e. 5 electric bills and 5 water bills over a 13 month period. If you wanted to submit 4 years worth, then 4 bills per year from each utility.

 

[k.h.p.]

Four bills and a bank account with economic activity for those 4 years.

But did you include a statement from each month of the four years with both names at the same address?

I'm sorry you're not understanding this. You have to prove you lived together at the same address for a minimum of twelve months. One bank statement, even with thirty years of transactions, only proves you lived together the month the statement is generated. It doesn't prove you lived together for thirty years.

 

[k.h.p.]

I'm not sure why you keep arguing it. A letter saying you have had an account for 4 years is not a common-law proof. Actual statements with your names and addresses covering at least a one year period is a common-law proof.

As for the bills, 4 bills over 4 years is not common-law proof. You needed to submit consistent proofs covering the minimum one year, i.e. 5 electric bills and 5 water bills over a 13 month period. If you wanted to submit 4 years worth, then 4 bills per year from each utility.

And that utility bill schedule assumes that the bills are generated every few months not every month. If the bills are monthly, you should submit twelve per year.

 

[k.h.p.]

This is why so many of us suggest that you just get married and not try to prove common law.

 

[canuck_in_uk]

And that utility bill schedule assumes that the bills are generated every few months not every month. If the bills are monthly, you should submit twelve per year.

Each month isn't necessary. One statement from every few months is fine.

 

[AlvaroP]

Hello all. I think this thread deserves an update. I realized that the problem was that I had not correctly uploaded the form IMM-5946. I applied a second time, providing the exact same information to prove my common-law status (bank letter and four invoices). I received GCMS notes today confirming that my eligibility is passed. So the problem was in a silly mistake handling the documents, not the documents provided.

 

[dyllee]

Hello all. I think this thread deserves an update. I realized that the problem was that I had not correctly uploaded the form IMM-5946. I applied a second time, providing the exact same information to prove my common-law status (bank letter and four invoices). I received GCMS notes today confirming that my eligibility is passed. So the problem was in a silly mistake handling the documents, not the documents provided.

Did you mean IMM5956? 5946 doesn't seem to exist. So did you mistakenly upload this new document in the IMM5409 slot which is why they cited lack of commonlaw evidence?

 

[AlvaroP]

Yep.

 

[dyllee]

Yep.

Did you use the same evidence (joint bank letter and invoices) when you notarized IMM5409 as well as submitting your eAPR? Or did you include more in the latter?

 

[AlvaroP]

Just the same.

 

[superMK]

@AlvaroP I am in the same situation right now providing everything, pictures, old lease, affidavit of residence from parents, letter from friends, insurance with both names with each other as beneficiary also our recent lease also a joint bank account. But I didn't provide the IMM5409.

My rejection is:
Specifically, your application does not include the following elements:
- EVIDENCE OF COMMON LAW UNION OR COHABITATION (IMM 5409)

Which I mention above I did provide.

Any suggestion?