Application rejected for lack of Common Law Union form

[tapioca]

Hello everyone,
My Permanent Residence application was rejected because it did not include a Notarized Evidence of Common Law Union and Cohabitation form (IMM 5409).
Me and my partner are from different countries and celebrated our civil union more than three years ago in Brazil.
Neither of us lives in Canada, hence the difficulty to notarize this form. What should I do to sort that out?

 

[Ochenta8]

Even if you are from different country, you must be living together right now in the same country. Doesnt matter is not inside canada. Do some research in this forum there are a lot of topic about this.

Also, if you celebrated your civil union, you are not common law? You are married already.

 

[Islander216]

I don't think much can be done now, because your application has already been rejected unfortunately.

You can re-apply, and this time get all your documents in order required for your civil union.

I would imagine that these documents were already requested when you submitted your application.

 

[tapioca]

Even if you are from different country, you must be living together right now in the same country. Doesnt matter is not inside canada. Do some research in this forum there are a lot of topic about this.

Also, if you celebrated your civil union, you are not common law? You are married already.

Hi Ochenta,
We celebrated a civil union, which seem to be a thing in Brazil apparently. The main issue we have is how do we notarize this document outside Canada? Is it possible to do that in France? Can it be a lawyer or a public notary? Non-Canadian notaries seem to refuse that service.

 

[tapioca]

I don't think much can be done now, because your application has already been rejected unfortunately.

You can re-apply, and this time get all your documents in order required for your civil union.

I would imagine that these documents were already requested when you submitted your application.

Indeed they were requested. Unfortunately, the brazilian civil union certificate we have does not hold any legal value outside Brazil.
And neither do we have a notarized and signed version of IMM 5409 form. We just have a signed version, but it's not notarized.

 

[tapioca]

Did anyone submit the IMM 5409 form without having it notarized? It looks like some Express Entry applicants submitted without having notarized it.

 

[Islander216]

Do Brazilian lawyers refuse to notarize a document certifying your civil union?

Why is that the case? Especially if you have a certificate.

And i mean, i hate to pry into your personal matters, but if you're keen to immigrate and this is becoming an issue, why not consider marriage?

 

[tapioca]

Some lawyers and notaries are skeptical for they needlessly worry about the content of the document instead of just focusing on the signatures.

By the way, we managed to find a Brazilian notary / cartório who did accept to stamp and sign the form. Hopefully, IRCC will accept that.
Trust me, I definitely thought about getting married when I got what is now a second application refusal. We've been planning on it for some time now. But to get married hastily for that purpose seems like an overkill when simpler solutions are available.

 

[tapioca]

Is life insurance, 14 months of rent receipts, and a notarized IMM 5409 form proof enough to apply under common-law?

 

[scylla]

Hello everyone,
My Permanent Residence application was rejected because it did not include a Notarized Evidence of Common Law Union and Cohabitation form (IMM 5409).
Me and my partner are from different countries and celebrated our civil union more than three years ago in Brazil.
Neither of us lives in Canada, hence the difficulty to notarize this form. What should I do to sort that out?

It's mandatory that you include this form if you are common law. A form can be notarized anywhere in the world. You don't have to be living in Canada to do this.

Note that a civil union is not enough to make you common law for Canadian immigration purposes. To be considered as common law for Canadian immigration, you must have lived together continuously for a full year. Have you done this? Have you lived together for a full year without interruption? If not, you are not common law and you cannot include your partner in the application.

 

[tapioca]

It's mandatory that you include this form if you are common law. A form can be notarized anywhere in the world. You don't have to be living in Canada to do this.

Note that a civil union is not enough to make you common law for Canadian immigration purposes. To be considered as common law for Canadian immigration, you must have lived together continuously for a full year. Have you done this? Have you lived together for a full year without interruption? If not, you are not common law and you cannot include your partner in the application.

Thank you for answering Scylla. We lived together for years and have 14 recent and continuous monthly rent receipts, an insurance policy dated from more than one year ago, and the notarized form. We also have a timeline of photos, which does seem to hold any legal value for that purpose.
I wonder if those proofs are enough for IRCC.

 

[scylla]

Thank you for answering Scylla. We lived together for years and have 14 recent and continuous monthly rent receipts, an insurance policy dated from more than one year ago, and the notarized form. We also have a timeline of photos, which does seem to hold any legal value for that purpose.
I wonder if those proofs are enough for IRCC.

The photos aren't of any real help. All that photos do is prove that you are in a relationship - they aren't proof you have lived together. The other evidence you mentioned earlier is good (e.g. rental receipts, insurance). Ideally you should also have joint bank accounts you can show, credit cards, etc. and other similar evidence to show to strengthen the application. The evidence that matters is evidence that proves you have cohabitated for a full year. Make sure you include the form this time - this is mandatory. Good luck.

 

[tapioca]

The rent receipts include both our names as tenants and they cover more than a continuous year. Do you think including an explanation letter would be of any service?

 

[tapioca]

The rent receipts include both our names as tenants and they cover more than a continuous year. Do you think including an explanation letter would be of any service?

Answer: Writing a short letter of explanation helped. Our application was approved this month.