Proof of cohabitation rejected

[TrangVu]

Hi, your situation was kinda like mine and all the proofs you sent were same too (baby’s birth certificate at home ...). So I wanna ask how is your case going?
Thank you

 

[Attak]

I sponsored my wife for PR back in March 2018 (inland) and CIC did asked for proof of cohabitation back in November 2018.

We didn't have a joint bank account because most of banks that we went to require her to be at least a PR
before allowing her to have a bank account but we provided everything else.

I have sent CIC the following documents and today we received a reply stating that CIC rejected our
application. Here's the reply in bold:

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in Canada since the filing of your application.

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

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or commonlaw partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member
of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.

We're married in Toronto in Nov 2017 and we have sent in:

1. My wife's Ontario ID card showing our address and it was issued in Feb 2018.
2. Our marriage certificate for proof of marriage.
3. In Sep 2018 my wife gave a home birth to a baby girl and we provided the letter form the midwife office showing that the delivery was done at our address.
4. We also have submitted a request to CIC to add a family to the documents after our daughter was born and stated that in Section D of the birth certificate showed the home address of both parents.
5. Doctor's prescriptions with our address.

I am lost and any suggestion is appreciated. Should we get in contact with a lawyer because I am worried that if we get rejected again we will not have a chance to appeal as stated in this thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-help.592941/page-5

I am in similar situation what happened to your case.Is there any updates

 

[goodLuck2U]

The worse result of this type of situation would just be got rejected right? Will it lead to a ban for applying in 5 years?

 

[k.h.p.]

The worse result of this type of situation would just be got rejected right? Will it lead to a ban for applying in 5 years?

A ban only comes when IRCC discovers you've been lying or misrepresenting in your application. Lack of proof is not necessarily misrepresentation unless IRCC decides you had misrepresented your relationship. I haven't seen cases of that yet, but I'm sure there are some.

Before a five year ban you would receive a procedural fairness letter and be informed that you were suspected of misrepresenting.

 

[goodLuck2U]

A ban only comes when IRCC discovers you've been lying or misrepresenting in your application. Lack of proof is not necessarily misrepresentation unless IRCC decides you had misrepresented your relationship. I haven't seen cases of that yet, but I'm sure there are some.

Before a five year ban you would receive a procedural fairness letter and be informed that you were suspected of misrepresenting.

Thank you very much!

 

[VancouverIsland]

I sponsored my wife for PR back in March 2018 (inland) and CIC did asked for proof of cohabitation back in November 2018.

We didn't have a joint bank account because most of banks that we went to require her to be at least a PR
before allowing her to have a bank account but we provided everything else.

I have sent CIC the following documents and today we received a reply stating that CIC rejected our
application. Here's the reply in bold:

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in Canada since the filing of your application.

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

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or commonlaw partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member
of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.

We're married in Toronto in Nov 2017 and we have sent in:

1. My wife's Ontario ID card showing our address and it was issued in Feb 2018.
2. Our marriage certificate for proof of marriage.
3. In Sep 2018 my wife gave a home birth to a baby girl and we provided the letter form the midwife office showing that the delivery was done at our address.
4. We also have submitted a request to CIC to add a family to the documents after our daughter was born and stated that in Section D of the birth certificate showed the home address of both parents.
5. Doctor's prescriptions with our address.

I am lost and any suggestion is appreciated. Should we get in contact with a lawyer because I am worried that if we get rejected again we will not have a chance to appeal as stated in this thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-help.592941/page-5

How's your application going? We were requested to submit proof of cohabition as well. Please keep us posted.

 

[CanUK333]

I sponsored my wife for PR back in March 2018 (inland) and CIC did asked for proof of cohabitation back in November 2018.

We didn't have a joint bank account because most of banks that we went to require her to be at least a PR
before allowing her to have a bank account but we provided everything else.

I have sent CIC the following documents and today we received a reply stating that CIC rejected our
application. Here's the reply in bold:

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor
have been cohabiting in the same residence in Canada since the filing of your application.

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

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or commonlaw partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada
becomes a permanent resident if, following an examination, it is established that they are a member
of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.

We're married in Toronto in Nov 2017 and we have sent in:

1. My wife's Ontario ID card showing our address and it was issued in Feb 2018.
2. Our marriage certificate for proof of marriage.
3. In Sep 2018 my wife gave a home birth to a baby girl and we provided the letter form the midwife office showing that the delivery was done at our address.
4. We also have submitted a request to CIC to add a family to the documents after our daughter was born and stated that in Section D of the birth certificate showed the home address of both parents.
5. Doctor's prescriptions with our address.

I am lost and any suggestion is appreciated. Should we get in contact with a lawyer because I am worried that if we get rejected again we will not have a chance to appeal as stated in this thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-refusal-help.592941/page-5

We'd love to know of any updates to your application/situation!!!! Haven't heard from Wayne72 for a while....hoping it's because everything turned out alright???? Co-habitation proof is a tricky subject so it's beneficial for us to learn about other's experiences with this.

 

[Eveslm]

We'd love to know of any updates to your application/situation!!!! Haven't heard from Wayne72 for a while....hoping it's because everything turned out alright???? Co-habitation proof is a tricky subject so it's beneficial for us to learn about other's experiences with this.

His wife received AIP sometime in March

 

[joborromeo]

Hi I saw this thread and I also have sAme dilemna. I will go to CAnada next month with TRV and then after my husband will send my application for spouse visa inland. Since I am a TRV holder only, what proof of living together can I submit to CIC. I will be in Canada this August and i am planning to submit my application the following month, September. Thank you.

 

[CanUK333]

Hi I saw this thread and I also have sAme dilemna. I will go to CAnada next month with TRV and then after my husband will send my application for spouse visa inland. Since I am a TRV holder only, what proof of living together can I submit to CIC. I will be in Canada this August and i am planning to submit my application the following month, September. Thank you.

Hi, I too am planning on submitting in September woohoo! My husband and I are both living together here in the UK and going back to Canada September 1st and then applying straight after for inland. I'm a Canadian Citizen, but because my husband will only be a visitor and for such a short period before applying we too are worried there'll be substantial proof of co-habitation. I've been told that if you don't have the straight-forward documents they suggest, then to send ANYTHING you have that's related to you living together even if it has only been a month and VERY IMPORTANT to write a cover letter explaining why you do not have a lot of the required documents and your situation. On a good note from my understanding, unlike common law or conjugal applications, spousal applications do not need to prove 12 months of co-habitation only a few documents showing that you DO indeed live together in Canada. However, as this thread shows there's a few cases where they ask for additional proof of co-habitation after the application is submitted. Because of this, even after you submit, DO NO STOP compiling documents/letters/cards/bank statement/bills because they may ask for more a few months down the line. So here's what we're going to do and it may be helpful to hear how others of creatively handled the situation:

1. Provide co-habitation proof of us living together here in the UK via utility bill (although not ideal as they want to know we're living in Canada together)
2. Get family/friends to write letters/cards/postcards that have BOTH of our names on it and send them to the Canadian address in August so we have them for the September application
3. Get a neighbour when in Canada to write a letter saying that they are aware of us living together, we're a nice couple, they see us often going to and from our flat.
4. Try and get my husband added to my Canadian bank account (people on this forum have had mixed experience with this as technically most banks don't allow it but if you go around trying ALL your local banks some people have had luck opening joint accounts. I hear TD is easiest.)
5. Try and get my husband added to my Credit Card account as a second card holder. If that works, he'll get his own card which he will use a few times at a Canadian retailer like Canadian Tire for example. Then you take a picture of both of your cards and print the statement showing transactions made from both cards. This statement will have your address on it.
6. IMPORTANT: Health Insurance/Coverage for the applicant. My husband will need health insurance to tied him over until the application approval so once in Canada we are going to CAA or other Health Insurance firms to get at least a 6 month plan. This health coverage should come with a contract that shows his name and address.
7. Before we go to Canada i've bought a magazine subscription that has both of our names on it. I'll include a photo or rip the front cover off of the magazine to show name/address proof.
8. Get a cell phone contract and ask for an immediate statement.
9. Quickly try and get both of our names added to a utility bill (telephone, tv, internet, hydro, etc.) ask for an immediate statement to be sent out or accessed online.
10. Gym memberships. See if any gym membership contracts show the address of member, if so, then we'll both sign up to the gym and show our separate membership contracts that have the same address on each.
11. Letter from family member or friend stating how they know us, how excited they are to see us both in canada, how they have visited us BOTH together in our home, eg. I have been over a few times to Jane and Jacks house for dinner parties. They look so happy together.
12. Get my husband to order a household appliance or household furniture eg. washing machine/mattress If you go to a big furniture/appliance store to buy, most of these will write up an official order form that has the buyers name and address on it.

Remember, documents do not have to show BOTH names. It's preferred but you CAN include separate documents for your husband and you showing the same address. Also, think about which things can be done before you even leave for Canada. If your husband is already there he can start right now adding your name to utility bills and trying to add you as a user to his credit card.

ALL of this is going to be done (or attempted to be done) within the first few weeks of being in Canada, so it'll be busy! For the most part my list is a bit overkill, but like I mentioned it's best to try and get anything you can sorted as they may ask for additional proof later on.

Good luck and can't wait to join you in a September Applications Thread later!

 

[Johnny1025]

We didn't need a lawyer for the title. We just went to the Land Title Office, filled out a form, showed our IDs, signed a few things and that was that. And I was able to be added to it as a visitor (I seem to remember my wife just had to get one of the documents notarized because I was not a resident).

Where was the Land Title office that you went to? Also was your mortgage paid off?

I tried adding my wife name to my mortgage but they told me she need her PR first.

 

[joborromeo]

Hi, I too am planning on submitting in September woohoo! My husband and I are both living together here in the UK and going back to Canada September 1st and then applying straight after for inland. I'm a Canadian Citizen, but because my husband will only be a visitor and for such a short period before applying we too are worried there'll be substantial proof of co-habitation. I've been told that if you don't have the straight-forward documents they suggest, then to send ANYTHING you have that's related to you living together even if it has only been a month and VERY IMPORTANT to write a cover letter explaining why you do not have a lot of the required documents and your situation. On a good note from my understanding, unlike common law or conjugal applications, spousal applications do not need to prove 12 months of co-habitation only a few documents showing that you DO indeed live together in Canada. However, as this thread shows there's a few cases where they ask for additional proof of co-habitation after the application is submitted. Because of this, even after you submit, DO NO STOP compiling documents/letters/cards/bank statement/bills because they may ask for more a few months down the line. So here's what we're going to do and it may be helpful to hear how others of creatively handled the situation:

1. Provide co-habitation proof of us living together here in the UK via utility bill (although not ideal as they want to know we're living in Canada together)
2. Get family/friends to write letters/cards/postcards that have BOTH of our names on it and send them to the Canadian address in August so we have them for the September application
3. Get a neighbour when in Canada to write a letter saying that they are aware of us living together, we're a nice couple, they see us often going to and from our flat.
4. Try and get my husband added to my Canadian bank account (people on this forum have had mixed experience with this as technically most banks don't allow it but if you go around trying ALL your local banks some people have had luck opening joint accounts. I hear TD is easiest.)
5. Try and get my husband added to my Credit Card account as a second card holder. If that works, he'll get his own card which he will use a few times at a Canadian retailer like Canadian Tire for example. Then you take a picture of both of your cards and print the statement showing transactions made from both cards. This statement will have your address on it.
6. IMPORTANT: Health Insurance/Coverage for the applicant. My husband will need health insurance to tied him over until the application approval so once in Canada we are going to CAA or other Health Insurance firms to get at least a 6 month plan. This health coverage should come with a contract that shows his name and address.
7. Before we go to Canada i've bought a magazine subscription that has both of our names on it. I'll include a photo or rip the front cover off of the magazine to show name/address proof.
8. Get a cell phone contract and ask for an immediate statement.
9. Quickly try and get both of our names added to a utility bill (telephone, tv, internet, hydro, etc.) ask for an immediate statement to be sent out or accessed online.
10. Gym memberships. See if any gym membership contracts show the address of member, if so, then we'll both sign up to the gym and show our separate membership contracts that have the same address on each.
11. Letter from family member or friend stating how they know us, how excited they are to see us both in canada, how they have visited us BOTH together in our home, eg. I have been over a few times to Jane and Jacks house for dinner parties. They look so happy together.
12. Get my husband to order a household appliance or household furniture eg. washing machine/mattress If you go to a big furniture/appliance store to buy, most of these will write up an official order form that has the buyers name and address on it.

Remember, documents do not have to show BOTH names. It's preferred but you CAN include separate documents for your husband and you showing the same address. Also, think about which things can be done before you even leave for Canada. If your husband is already there he can start right now adding your name to utility bills and trying to add you as a user to his credit card.

ALL of this is going to be done (or attempted to be done) within the first few weeks of being in Canada, so it'll be busy! For the most part my list is a bit overkill, but like I mentioned it's best to try and get anything you can sorted as they may ask for additional proof later on.

Good luck and can't wait to join you in a September Applications Thread later!

Omg! All of your input is a big help to me! Thank you for all your tips and I reAlly appreciate. I am relieved that there are options that we can do to come with the requirements. Good luck also to your application. Keep me posted with your application pls, i would love to hear updates from you please. Thank you. Take care

 

[Aruba101]

What proof do you have that shows that your wife actually lived with you? Have you added her name to the deed to the house? Have you put her name on the bills? Changed your will to make her beneficiary? Does she have a mobile phone contract? Does she have a driver's license to show her address is the same as yours? Did you include statements from friends and family saying that they know you are in a genuine relationship? All of those are important to your application. And no, opening a bank account today won't help. CIC wants to see that you have been a couple since the time of your marriage, not from today.

Can someone tell me how do we put names on utility bill, do we need a drivers license first to get that

 

[phaeo]

Can someone tell me how do we put names on utility bill, do we need a drivers license first to get that

You should just be able to call up the company and ask them to add your spouse's name on the bill.

 

[Lutra]

Wayne72, what documents did you submit?