Procedural Fairness Letter - at a loss (x-posted)

[Rrox]

(I did post this in the 2020 September Outland Spouse thread)

We got the scary letter. The Procedural Fairness Letter. How do you prove to someone that you've spent nearly every day together in the same room for 2.5 years? (aside from the 6 months we were seperated due to the pandemic.)

Like, they just do not believe us. Part of me is worried because we are same-sex, as what they are asking for is something that most marginalized folx don't have. "Proof of Bills". I had all finances cut off from me. I don't touch them once bit. I haven't since December 2019. For the whole year of 2019 I paid bills in my name, cause it was way easier to do that than to get my partner on my account as we were both in the US at the time. I also got divorced in Summer of 2019, so I worry that is related. However, with the lack of information given and no direction on the documents they'd like to see (since they keep mentioned 2019), I'm at a loss as to what to do.

We'd love to get an immigration lawyer, however we are very lower-class and can't afford in anyway. Access to money is something we just don't have.

 

[MJSPARV]

You might get more info if you posted what exactly the procedural fairness letter says, removing any personal info. What specific concerns does IRCC have?

 

[Rrox]

You might get more info if you posted what exactly the procedural fairness letter says, removing any personal info. What specific concerns does IRCC have?

Copy Pasted from the documents, minus personal information

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, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

You indicated that you are the common-law partner of [Redacted]; subsection 1(1) of the Immigration and Refugee Protection Regulations defines a common-law partner as, 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. From the information on file, I am not satsified that you have established having cohabited for a period of at least one year. There is insufficient documentary evidence to support your cohabitation both in the U.S. I note the lease agreements provided; however, these are insuffient proof that you had set up your household together in one dwelling as common-law partners in a conjugal relationship. There is also insufficient evidence to demonstrate that you have combined your affairs and are in a “marriage-like” relationship. As a result, you may not meet the definition of a common-law partner as defined in the regulations and that you may not be considered a member of the family class.

--------------------------

And that's that. As with any communication from them, it's been difficult to decipher

 

[armoured]

There is insufficient documentary evidence to support your cohabitation both in the U.S. I note the lease agreements provided; however, these are insuffient proof that you had set up your household together in one dwelling as common-law partners in a conjugal relationship. There is also insufficient evidence to demonstrate that you have combined your affairs and are in a “marriage-like” relationship.

This request looks like a rather standard request for more information to support that you were living together throughout the period with a joint household. This can include bills for all sorts of things (in addition to your lease) where you were each paying bills for the household, getting deliveries, acquiring 'household stuff' (eg appliances and ongoing better than, say, random ebay deliveries). Surely each of you had bank accounts and bills you were paying for the household? Were there other people living in the household?

To the extent there are shortfalls that truly are caused by same-sex, write a letter explaining such - although you can expect some skepticism since eg same sex marriage is the law of the land in the US for several years now. (More likely the divorce was a constraint but you haven't provided enough information for anyone to understand - but no need to, just explain simply and briefly).

Anyway - no-one here knows what you provided. But while it's a PFL and should be taken seriously, it sounds a bit like you didn't actually provide much to show you both resided at the address and shared expenses/household everything for the period in question.

You allude to covid separation and things like that and that may have contributed to impression it wasn't a complete merging of households - as (possibly) also not getting married once it became possible to do so. (Not that it is 'held against you' to not get married but the burden of proof is on you about common law)

 

[Rrox]

I mean, yeah we helped pay bills, however at that point, due to also going through a name change (Also a transition because being trans isn't easy) and divorce, it would have been more stressful to get her also added on. She was also in grad school at the time.

And even so, MANY couples keep bills in seperate names. Many married folx even.

It's seems unnecessary and borderline classist to judge a relationship purely based on finances.

However, we are gonna write a letter explaining our situation. and submit additional documents. if that isn't enough, I mean, I don't know. I know my relationship is valid and real. idc if a government entity doesn't recognize our relationship and "marriage-like" situation.

 

[expatgoingback]

I mean, yeah we helped pay bills, however at that point, due to also going through a name change (Also a transition because being trans isn't easy) and divorce, it would have been more stressful to get her also added on. She was also in grad school at the time.

And even so, MANY couples keep bills in seperate names. Many married folx even.

It's seems unnecessary and borderline classist to judge a relationship purely based on finances.

However, we are gonna write a letter explaining our situation. and submit additional documents. if that isn't enough, I mean, I don't know. I know my relationship is valid and real. idc if a government entity doesn't recognize our relationship and "marriage-like" situation.

You aren't being judged based on finances. You need to provide them with sufficient evidence that you actually lived together for more than 12-months. I'd provide whatever you can, including such things as deliveries made in your name to the place you lived in together and in your partner's name. Any document in which one of your names appears along with the shared address would help.

This doesn't have anything to with being same-sex, it has to do with having to prove that you meet the common-law requirements since family sponsorship is only available to spouses and their dependents.

 

[armoured]

And even so, MANY couples keep bills in seperate names. Many married folx even.

It's seems unnecessary and borderline classist to judge a relationship purely based on finances.

However, we are gonna write a letter explaining our situation. and submit additional documents. if that isn't enough, I mean, I don't know. I know my relationship is valid and real. idc if a government entity doesn't recognize our relationship and "marriage-like" situation.

-It's fine if you each have bills that you paid and can identify as 'household' or paying for each other - it shows you have merged your finances even if not all are in both names. (Not being in both names can also be partly explained - civil affairs and divorce not complete).
-All 'classes' have financial/household affairs. You're not being asked to demonstrate joint ownership of a yacht. It may mean, though, that there are less obvious assets and the like and require a bit more effort to document.
-You are, by requesting sponsorship of a spouse, requesting government recognition of your relationship as sufficiently marriage-like under the relevant law; however you and your partner feel about it being 'valid and real' is perfectly fine and between you, but 'valid and real' acc to the accepted govt approach is the relevant test.

Side note, you don't give much information, but it seems one of you is in graduate school, and there is a not-uncommon thread of cases here where students residing together (esp in residences with others) get asked for more info. Likely simply that lots of students reside together for non-relationship reasons and that raises questions later about validity of the evidence for the common law relationship.

Don't overthink it, just show as much evidence as you can.

 

[canuck78]

I mean, yeah we helped pay bills, however at that point, due to also going through a name change (Also a transition because being trans isn't easy) and divorce, it would have been more stressful to get her also added on. She was also in grad school at the time.

And even so, MANY couples keep bills in seperate names. Many married folx even.

It's seems unnecessary and borderline classist to judge a relationship purely based on finances.

However, we are gonna write a letter explaining our situation. and submit additional documents. if that isn't enough, I mean, I don't know. I know my relationship is valid and real. idc if a government entity doesn't recognize our relationship and "marriage-like" situation.

What do you mean by we helped pay bills? Are you living with other people? Are you both on a lease?