Application cancelled/rejected

[psahanj]

Our applications were rejected after 16 days of AOR.
Reason was incomplete application. Missing Statutary declaration of Common law partnership.
Me and my partner, we both applied independently and indicated each other as non-accompanying common law partners. Do you think this is a mistake as we are not spinsoring each other?
Also, now since we have to submit this document where can we find an Commission of oath officer for such declarTion?

 

[noscaf2014]

It is not a mistake from IRCC's side. It is your mistake. Accompanying or non-accompanying is irrelevant here. If you are in a common law relationship, you will need to submit the relevant documents regardless. It is the same as if you were married but you didn't upload the marriage certificate. By the way, why are you applying independently where one of you can apply with the other as accompanying? Good Luck!

 

[psahanj]

Thanks for your reply. We are applying independently because we dont want the dependency on each others applications specially if CIC does not conaider us common law.
Any idea about the commissioner of oath in California?
Is it same aa public notary authorized by state government?

It is not a mistake from IRCC's side. It is your mistake. Accompanying or non-accompanying is irrelevant here. If you are in a common law relationship, you will need to submit the relevant documents regardless. It is the same as if you were married but you didn't upload the marriage certificate. By the way, why are you applying independently where one of you can apply with the other as accompanying? Good Luck!

 

[psahanj]

Although I wonder why they didnt request this as additional document instead of rejecting the application directly.
We had submitted leases to prove the cohabitance.
Also, the said declaration form wasnt indicated as required anywhere. We had no idea about this document until the last day when they updated their system and made the downloadable link visible by highlighting it. In short it wasnt clear.

 

[DelPiero07]

Although I wonder why they didnt request this as additional document instead of rejecting the application directly.
We had submitted leases to prove the cohabitance.
Also, the said declaration form wasnt indicated as required anywhere. We had no idea about this document until the last day when they updated their system and made the downloadable link visible by highlighting it. In short it wasnt clear.

"
Evidence of common-law union and cohabitation
Purpose
To validate marital status claims

Document requirements

• This documentation is only requested when marital status is listed as common-law.
• The applicant must submit a Statutory Declaration of Common-Law Union form [IMM 5409 (PDF, 636.51KB)] and evidence of cohabitation for a period of at least 12 continuous months.
• Evidence of cohabitation includes but is not limited to
  • copies of joint bank account statements;
  • copies of leases;
  • utility bills."

Seems pretty clear to me https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

 

[psahanj]

Yes it does. Except that we didn't read that web page. Thank your for your help in this matter. Hopefully we will get it right this time.