Proof of common-law relationship / visitor extension refused

[AlexZ92]

Hi, I’m from Europe and came to Canada to be with my spouse on Jan 2018.
She is a Canadian citizen.
We’ve been waiting to gather enough proof to apply as common-law, this is the reason why I’ve been extending my visa for so long.

we are so close to submit the PR application but I have to wait until November because that’s when our joint bank account will be 1 year old.

I also have:

- internet bill under my name showing same address
- power bill under her name showing same adress
- our mail comes in the same P.O. Box
- joint Costco membership we got in December 2019
- recent phone plan showing our numbers in the same family plan
- whatsapp/texts conversation from me and my partner since she started working last year, we kept in touch everyday while she’s at work
- friends and family members willing to write a letter stating that our relationship is genuine

the reason why my visitor extension was refuse I believe it’s because I extended it too many times (4 approved 1 refused).

I’m going to apply for restoration soon and I wanna know if I should still wait until November to submit PR application or submit it early even though the joint bank account isn’t 1 year old yet.

what should I do? I’m very scared.
I already payed the sponsorship fees and even submit a copy of it and explained why I asked for another extension, I didn’t expect it to be refused.

I would like to apply inland for my PR.

 

[k.h.p.]

If you're applying inland as a Canadian spouse, proof of communication doesn't help establish the cohabitation proof. That only matters if you're outland and need to prove an ongoing relationship. It may be useful to some degree in proving the relationship is genuine.

Your challenging is proving you've lived together tor 1 year in order to prove common-law. Does the internet bill show you've had the account for more than a year? Do you have a year's worth of power bills? Are you both on the lease?

Just a bank account doesn't in and of itself prove common-law status. Is that the only piece of proof you have to prove 1 year cohabitation?

If your visa extension was refused, and you already payed the PR application fees (full amount) and include that in the restoration application however you've had 4 extensions, Canada is basically telling you that you've been here for too long. Especially since you haven't actually applied.

You don't have to be in status to apply for PR, you just won't be eligible for the OWP. That being said, the OWP doesn't seem to be coming for anyone anyways. Since you have been refused though, and likely told to leave Canada, CBSA may start asking questions eventually.

 

[AlexZ92]

If you're applying inland as a Canadian spouse, proof of communication doesn't help establish the cohabitation proof. That only matters if you're outland and need to prove an ongoing relationship. It may be useful to some degree in proving the relationship is genuine.

Your challenging is proving you've lived together tor 1 year in order to prove common-law. Does the internet bill show you've had the account for more than a year? Do you have a year's worth of power bills? Are you both on the lease?

Just a bank account doesn't in and of itself prove common-law status. Is that the only piece of proof you have to prove 1 year cohabitation?

If your visa extension was refused, and you already payed the PR application fees (full amount) and include that in the restoration application however you've had 4 extensions, Canada is basically telling you that you've been here for too long. Especially since you haven't actually applied.

You don't have to be in status to apply for PR, you just won't be eligible for the OWP. That being said, the OWP doesn't seem to be coming for anyone anyways. Since you have been refused though, and likely told to leave Canada, CBSA may start asking questions eventually.

I actually just requested a refund since they increased the fees, I’ll have to pay for the fees again (no problem).

The internet bills show my name and same address, it’s from March 2019, so it’s al least 1 year since I have internet.
My partner pays the power bill and shows same address.
She added a phone number to her family plan showing my name (this happened recently).
We’ve been receiving mail on the same P.O. Box for over a year.

she also declared that we’ve been living together since 2019 on her 2020 taxes she did last April.

She has ownership of the house we live in, it belonged to her late father.

what about the Costco membership and letters from friends and family.

Unfortunately as an unemployed visitor there’s only so much proof I can gather, that’s why we need as much time as possible.


Is it better to apply Outland at this point?
I have lots of text conversation with my partner showing that I stay at home while she work, we text every time she’s at work or when she goes out to run errands and I stay at home with her kids.

 

[k.h.p.]

Has she added you to the title of the house if she owns it? Does she have you named on any insurance? If you've been living there, you need to be able to prove it.

I don't know if applying outland is better, since visa offices outside of Canada are basically closed...

 

[AlexZ92]

Has she added you to the title of the house if she owns it? Does she have you named on any insurance? If you've been living there, you need to be able to prove it.

I don't know if applying outland is better, since visa offices outside of Canada are basically closed...

No she didn’t add me, she just told me she can’t because we live in a reservation and she’s not allowed to add non band member to the title of the house.
p.s: she’s first nation

we don’t have any insurance either, she doesn’t drive at the moment.

 

[canuck78]

No she didn’t add me, she just told me she can’t because we live in a reservation and she’s not allowed to add non band member to the title of the house.
p.s: she’s first nation

we don’t have any insurance either, she doesn’t drive at the moment.

Are you married? Why have you not applied earlier? All your cohabitation evidence starts mid 2019 but you’ve applied for 4 extensions so you’ve been in Canada for at least 2 years.

 

[AlexZ92]

Are you married? Why have you not applied earlier? All your cohabitation evidence starts mid 2019 but you’ve applied for 4 extensions so you’ve been in Canada for at least 2 years.

I’m legally separated, not currently married to my common-law partner. I know that being married is not a requirement.
I've been in Canada since January 2018 and I’m pretty sure I can find mail dating 2018 as well.

I couldn’t apply earlier because of the insufficient proof, I’m planning of applying in November when our joint bank account turns 1 year old.

also, a question: on the internet bill that’s under my name it shows a shortened version of my name (Alex)and then my last name. Is that ok?
the reason is because my full name was subject of misspelling so the internet provider and I decided to use a shortened version instead, it also doesn’t include the middle name. Would that be an issue?

 

[AlexZ92]

My partner just talked on the phone with the Minister of Ethics in the reserve we live in and he would be willing to write an official statement assuring that I’ve been living in this residence since 2018. Would that be considered additional proof?

 

[k.h.p.]

It can be added to the list, but they need things like bills and leases and etc as proof of cohabitation.