We received a procedural fairness letter today which I assume means they don't like that we included travel time in our 12 month common law cohabitation time. My main question is - if we send in more evidence and then get rejected, does this have any repercussions on when we apply again? We now have more than 12 months of more traditional common law time so I'm not that worried about getting approved if we try again. But since we are so close to the end we may as well try to satisfy them. But will it be a black mark against us if it's not successful?
Procedural Fairness Letter
- Thread starter amanda_sakura
- Start date
They didn't specify what the reason was for the letter? Was the travel time together,if you were together shouldn't matter. Provide the proof you now have 12 months of as you say "traditional" time together but it was supposed to be as of the time the app was filed.
It was the standard PFL that we didn't supply enough evidence that we lived together for 12 months prior to applying. We had solid evidence for when we lived in an actual house with a lease and once we got back to Canada, so I'm assuming the accommodation confirmations and passport stamps and flight bookings weren't enough to prove a "marriage like relationship".
OK, you implied but you weren't specific that that was the reason for the letter. Try to come up with more proof for the time frame you mentioned to them. Joint bills, same addresses on separate bills etc. You mentioned the travel aspect but didn't answer my Q, were you 2 together during the travels or apart, how long was the travel?
We were together every single day for our travels. We included 3.5 months travelling in Asia and 1.5 months of living in a campervan in New Zealand (and we were together for months before that time too). Then we got a lease together and have lots of evidence from then on. For the travel time we sent in ALL of our accommodation bookings, all of our flights, our matching passport stamps, our individual credit card statements showing we were taking turns paying for things until we were able to open a joint account, evidence he was added to my Canadian credit card long before we actually got back to Canada, anything we booked that had both of our names on it so some buses in Asia, some entry tickets in NZ, a letter from his parents who met us out in Sri Lanka for two weeks, a letter from my friend who met us for two weeks in the Philippines, a letter from a mutual friend who was in South Africa with us when we met and who we spent Christmas with in NZ a year later, a letter from my parents, the 20 photos, screenshots of social media with both of us in it at recognizable landmarks with date stamps... and a timeline referencing all our various proofs. I'm not really sure what else we can submit at this stage so just bracing for the potential of a refusal.
The PFL is very specific that the proof is to be for the previous 12 months from when you apply, not newer current documents, otherwise we'd have lots to submit.
I don't know much about PFL letters and how to respond to them, it seems to me that you have covered all the bases as far as your travel etc. Maybe a senior member like @scylla, @canuck78 will be able to help with where to go from here. search for responses to PFL letters. I don't know if submitting info via a webform is a viable option in response or not.
It is really tough to prove you were together during travelling and for such a large period. It seems as you supplied what evidence you had.
With common law, you have to show proof of living together consecutively, with no breaks, for 12 months. In the proofs you submitted, did you have proof for each of the 12 months you were together? Including proof you lived together when you travelled. Passport stamps would show you travelled together, but wont show you lived together. The 3.5 months that you travelled in Asia and the 1.5 months in New Zealand, do you have proof that you lived together during that time? If you did just gather the same evidence and any other that you have that would show proof of you living together for the 12 months and send, include a LOE
That makes perfect sense. Anything since the application filed is irrelevant. You applied based on having 1 year of continuous cohabitation at the time you applied so this is the period of time you have to prove and supply additional evidence for. Good luck.
We are just waiting to hear if they accept what we submitted or not. Hopefully we find out soon
Oh how stressful. They can be so strict about proving you are in a marriage-like relationship for common-law. In my application group, a couple had been together 10 yrs and they still requested more evidence, life support policies etc...We are just waiting to hear if they accept what we submitted or not. Hopefully we find out soon
My heart goes out to those trying to apply common-law or even conjugal. Even though they say otherwise and are not supposed to be biased, I feel many officers wonder why people didn't sign that piece of paper for marriage and thus doubt & request more evidence from these couples
One couple in my group got so tired of being doubted+asked for more evidence, that they did end up just getting married to finish the process. Which isn't fair, but certainly easier.
Best of luck to you.
Oh how stressful. They can be so strict about proving you are in a marriage-like relationship for common-law. In my application group, a couple had been together 10 yrs and they still requested more evidence, life support policies etc...
My heart goes out to those trying to apply common-law or even conjugal. Even though they say otherwise and are not supposed to be biased, I feel many officers wonder why people didn't sign that piece of paper for marriage and thus doubt & request more evidence from these couples
One couple in my group got so tired of being doubted+asked for more evidence, that they did end up just getting married to finish the process. Which isn't fair, but certainly easier.
Best of luck to you.
Thanks for your kind words
We got AIP and DM the other day!