Freaking out

[keesio]

Uh oh...I don't see how that is going to prove to CIC that you and he were living together for at least one year. The visitor record only shows that you were (somewhere) in Canada, but doesn't do anything to prove that you were at his address.

Same for the letter from your respective mothers.

I'd suggest that you somehow find a way for his landlord to at least write a letter for you, which you would need to have notarized.

Proving that you've lived together is the most important part of the Common-Law application.


Good luck!

His landlord is his mother so I'm not sure how helpful that will be.

 

[Ponga]

His landlord is his mother so I'm not sure how helpful that will be.

Oh great...

I'm sending positive vibes their way, but I don't see how CIC would have been convinced that they were living together.

 

[canadianwoman]

Did the letter from his mother state clearly that you two were living together in her house for one year (or more)? And that you were a couple, not just that you were renting a room from her?
If not, get her to write another letter that includes this. I'd get it notarized as well.

 

[Ponga]

Here's an example of the type of letter that CIC has been sending out when asking for proof that the couple is still together:


Dear xxxx,
This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

In order to continue processing your application, further information is required. You must complete/submit the following to this office:

xxxxxxxx -:
> Client Information: Proof of cohabitation from 2014/XX/XX to present. This must be
received at this office by: 2015/XX/XX

> Proof of Relationship: Additional documentation proving your relationship with your
inviter/family member. This must be received at this office by: 2015/XX/XX

> Client Information: Updated contact information including residential address and
telephone numbers for both sponsor and principal applicant. This must be received at this office by: 2015/XX/XX

Unless original documents are specifically requested, please submit copies of supporting documents. All Police Certificates must be original. They will not be returned to you.

All requested documents/information and a copy of this correspondence must be submitted within the timeframes specified above (formatted as “year/month/day”). If you are unable to provide any or all of the requested documents/information, please explain why they are not available. No other reminder will be sent to you. If you fail to provide the requested information, your application will be assessed on the basis of the information that we have which may result in the refusal of your application for permanent residence. Should this occur, no further consideration will be given to your request for permanent residence unless a new application, including fees, is submitted.


Since the letter that the OP received did not ask for Proof of cohabitation from 2014/XX/XX to present...I wonder if they are questioning Common-Law status eligibility altogether.

 

[zardoz]

I'm wondering if CIC is unconvinced by the "common-law" aspects of your application.
You DO qualify as common-law to CIC's specifications?

My point, exactly... This was my gut feeling.

 

[DarkDragons91]

I guess I can try but I dont think his landlord even knew I was there. They live in a large apartment building XD!

 

[Ponga]

Wishing you all the best...truly.

 

[spinning_sponsor]

> Client Information: Proof of cohabitation from 2014/XX/XX to present. This must be
received at this office by: 2015/XX/XX

Does this mean they are specifically looking for people who have stopped cohabitation? My Common-law partner is returning to the USA to work during the process because she can't legally work in Canada and would go bored out of her mind waiting another year. I was under the impression doing so was perfectly fine, as long as the 1 year cohabitation was met (We've live together since May 2014 but she is leaving to go to the USA in July 2015).

 

[Panamai]

Does this mean they are specifically looking for people who have stopped cohabitation? My Common-law partner is returning to the USA to work during the process because she can't legally work in Canada and would go bored out of her mind waiting another year. I was under the impression doing so was perfectly fine, as long as the 1 year cohabitation was met (We've live together since May 2014 but she is leaving to go to the USA in July 2015).

You are right. As long as you have lived together for one continuous year, you are common-law even if you spend time apart after the year. As long as you can convince CIC that you are still in that "marriage-like relationship" that's all that matters. Yours is a very legitimate reason for being apart.

To the OP, I noticed you referred to your common-law partner as your "boyfriend." This can be a red flag to CIC, as they want you to be more than "boyfriend and girlfriend." If you don't see yourself as spouses or partners in a marriage-like relationship, you can't expect CIC to see you that way either. I hope that you didn't make that mistake in any of your correspondence with CIC.

 

[DarkDragons91]

I don't know what else to really call him other than my boyfriend/fiancee. He isn't my husband yet. We haven't took that step yet. To me he is already my husband its just we haven't actually got married to have said title. I can refer to him as my common-law partner but I don't have any proof except his mother letters and my mothers letters. XD!!!!!

 

[Ponga]

I don't know what else to really call him other than my boyfriend/fiancee. He isn't my husband yet. We haven't took that step yet. To me he is already my husband its just we haven't actually got married to have said title. I can refer to him as my common-law partner but I don't have any proof except his mother letters and my mothers letters. XD!!!!!

And that is exactly why your application for sponsorship as his Common-Law partner may be denied...because you absolutely have to prove this to CIC, and a couple of letters from your mothers ain't gonna do it!

And what exactly is the XD at the end of your posts?! :-\

 

[DarkDragons91]

Oh sorry I am used to text speak so I naturally put simile faces everywhere. Well then does this mean that we are going to be denied??? Now I am seriously worried. I am not sure what I am going to do!. We are not photogenic people. All we have is hearsay. I am really worried now.

 

[scylla]

Common law means proving that you physically lived together for at least one full year at the same address. You can't prove cohabitation through photos. Flights / travel information doesn't really help either since it just prove you entered a country - not where you lived.

Common law is about showing proof you had a shared address for the year (or more). This is typically proven through evidence like: joint leases, joint property ownership, joint utility bills, shared bank statements showing the single address or individual bank statements showing that both of you live at the same address, same for credit card bills. Evidence can also include other letters sent to the same address (again, anything proving both of you lived at that same address). When people can't get joint leases, they will sometime obtain affidavits from the landlord confirming both people were living there.

So that's the kind of evidence you should be aiming for when submitting a common law application.

 

[Ponga]

Your only real option might be to get married ASAP and inform CIC, asking them to change your sponsorship from Common-Law to Spousal, but...I don't even know if that's possible at this late stage in your process.

If you're denied, you can always get married and try again (it would be pointless to appeal, since you've admitted to not having ANY evidence of being Common-Law). Next time, you wouldn't need to worry about proving that you lived together previously.

 

[canadianwoman]

You can call your common-law partner 'my partner' or 'my spouse' or 'my common-law partner' or 'my common-law spouse'. You should not call your common-law partner 'boyfriend' or 'girlfriend', at least in your PR application. In real life it's OK, of course.