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Getting PR through common-law - How?

AllisonVSC

Champion Member
Nov 5, 2009
1,455
64
124
Category........
Visa Office......
Buffalo - Conjugal Partner
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2009
Interview........
waived
VISA ISSUED...
04-11-2009
LANDED..........
04-11-2009
aclnjmt said:
Yep I sent it in, and got a letter today saying they needed more information about this. The letters I submitted I guess wasnt enough proof. I believe the interview would be if I got this stuff to them.. within 90 days. yuck.
First, Tell us exactly (in a list) what evidence you've sent in already. It is possible we may think of things you could still provide within 90 days. Plus you can start collecting evidence in case you are called for an interview.

What exactly did the letter say? How do you know they didn't accept the letters from friends?

Don't despair. It ain't over yet...
 

aclnjmt

Newbie
May 3, 2011
8
0
Hey Allison,

It says "This letter refers to your application for permanent residence, further information is required..."

Goes on to say

"You did not provide sufficient evidence that you are a common-law partner. Acceptable documenation includes: declaration of common law relationship, evidence of joint bank account, trust, credit union or charge card accounts: jointly signed residential lease, mortgage or purchase agreement, insurance or beneficiary forms. This documentation must provide evidence dated at least one year prior to the date of your application. Other supporting documentation such as statutory declarations of individuals with personal knowledge that your relationship is genuine and continuting MAY be considered."

I wondered about if our child (5yrs old) could be a way of proof? Or the fact that I cross the border every day, and its a small community could help somehow? The officers on both sides know my name, my kids name, my partners name.. these are things I've been thinking about.. dont know if that could help or not?

I wrote up a really short (seems kinda dumb now) paper that said I , yadada, know this relationship to be real and ongoing. Had them sign it, and put their phone number. I couldnt tell you how many of these things I could produce. Everyone here knows everyone. But I guess thats not enough?

Thank you so much for your help. We're definately freaking out over here!
 

kelKel

Champion Member
Apr 8, 2010
1,296
63
Canada
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2010
AOR Received.
17-11-2010
File Transfer...
04-11-2010
Interview........
Waived
Passport Req..
28-02-2011
LANDED..........
03-03-2011
If u could do as Allison suggested and give us a list of what you've already sent in to prove you've lived together at the same address for 1 continuous year. They want to have proof of this as well as the joining of your life in anyway as you were married.

You mentioned u cross the border everyday? Do u live in Canada but work in the States or vice versa?
 

aclnjmt

Newbie
May 3, 2011
8
0
Thats what I gave them. The letters from friends, I gave them a baptismal record. I really didnt have much?? I still dont. Yes I work in the states, live in canada, cant work in canada until all this is settled. any ideas??
 

AllisonVSC

Champion Member
Nov 5, 2009
1,455
64
124
Category........
Visa Office......
Buffalo - Conjugal Partner
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2009
Interview........
waived
VISA ISSUED...
04-11-2009
LANDED..........
04-11-2009
So let me make sure I've got this right. In your application for common law PR, you included only the following evidence of your ongoing relationship

1. letters (you referred to as crude) from friends, and
2. a baptismal record

That's it??
 

kelKel

Champion Member
Apr 8, 2010
1,296
63
Canada
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2010
AOR Received.
17-11-2010
File Transfer...
04-11-2010
Interview........
Waived
Passport Req..
28-02-2011
LANDED..........
03-03-2011
If the letters and the baptismal record is all you sent then I would have to say that your application will be denied. You've provided no proof of your that you reside at the same address or having joined your lives as a married couple. Unless you can provide some of the following: joint lease, joint bank accounts, receipts for household purchases, same address on ID, letters addressed either jointly or individually to the same address they can't verify that what you're saying is true.

I don't know really what to recommend. I don't think there is a way they'll approve you if you can't supply any proof.
 

aclnjmt

Newbie
May 3, 2011
8
0
Oh I think I sent in a visitors pass I had too. We're gonna check with customs and see if they can print off a record of my visitors passes? I dont know if I included the visitors pass though, I remember my partner saying he didnt think they would accept them because they were expired. But yea we dont have much. I've been working in the states, kept all my financial stuff over there, he bought this house w. his mother as a cosigner. IDK?? The letters was all I could come up with. Didnt think I was supposed to be over here for so long w.o canadian rights. I guess we were being too cautious. But I dont want to lose the thousand dollars Ive put in so far, and redo it and spend the same amount, cant afford that.
 

AllisonVSC

Champion Member
Nov 5, 2009
1,455
64
124
Category........
Visa Office......
Buffalo - Conjugal Partner
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2009
Interview........
waived
VISA ISSUED...
04-11-2009
LANDED..........
04-11-2009
I think you can withdraw your application and get at least a partial refund. You might want to investigate how much you would get back if you withdraw your application. Given your limited evidence, it may be your best alternative at this point. Then collect the necessary evidence to make a sound and compelling case and re-apply. But you should definitely read the OP2 manual I gave you the link to before you attempt to reapply or submit more documents. You seem not well-informed about the process and it is quite expensive to apply and get refused just for lack of including appropriate evidence.

The burden of proof will be high if you are refused and then apply again. You will have to overcome the problems with the first application. The burden of proof is also a lot higher for common law applicants than married ones. You must provide irrefutable evidence of living together at least one year. In addition, you must prove (like married couples and conjugal partners) that you are in a marriage-like interdependent relationship. A list of the types of evidence can be found in the OP 2 manual.

If you are going to go ahead with your application, you are going to have to find some evidence (of your living together AND your relationship) or your will be denied for sure. It is time to get creative in your thinking! Ask his mom, the co-signer on the property make a statutory declaration of your living arrangements, specifically stating how long you have lived together.

Ask your friends to re-do those letters and include details of how long they've known you, how they came to know about your relationship, what they know about your living arrangements and how long they've known it. Ask them to state that they believe you are in a marriage-like relationship and to give examples of how you present yourselves as a couple etc. Get them NOTARIZED (at least 2 of them). How about people from work? Can your boss or co-workers attest to your living arrangements? Also, consider asking neighbors for the same. Any external documentation (meaning not originating from you or your sponsor) will help prove your case.

Are you receiving any mail at the residence? US bank statements, car insurance, pay checks, credit card bills, phone bills, anything with your name (or both your names) on it?? If so, trace those back as far as you can (hopefully at least one year from the date of your app) and include those. Pay to get those back statements if you have to, but get them.

Are you contributing to the mortgage? If so, are you paying by check? If not, get your spouse (or his mom) to write a letter stating what you contribute and for how long. Show the monthly deductions from your account. What about groceries and other regular costs of living expenses...who pays and where?

Photos, cards, letters, gifts, and emails from friends and family? Facebook postings? Anything from before you were living together? Ask friends and family if they have pictures of you and him with each other's friends and family, at special events, etc. Include those. You have a child together? Where was the baby born? Who paid the medical bills? Who's insurance covers the child?

That is all I can think of for now. You might want to post in the Family Class folder. Explain in detail your situation, what you've already provided as evidence, what evidence you are being asked to produce and your timeline for getting these documents back to the VO. It is a very active folder and I am sure others will think of things beyond what Kelkel and I have posted here.
 

aclnjmt

Newbie
May 3, 2011
8
0
Thanks for the help. I guess I was so bogged down in the other ton of paper work they needed for this permanent resident thing that I didnt put as much into this part. And really on the list of options it said statutory declarations, so I just ran with that I guess. But thanks everyone.
 

AllisonVSC

Champion Member
Nov 5, 2009
1,455
64
124
Category........
Visa Office......
Buffalo - Conjugal Partner
Job Offer........
Pre-Assessed..
App. Filed.......
11-08-2009
Interview........
waived
VISA ISSUED...
04-11-2009
LANDED..........
04-11-2009
What list of options are you talking about?