Proxy marriage assessed as Common-law

[daniigiannini88]

Good day all,

My question is extremely specific and note: I already know proxy marriage is considered excluded relationship, so no need to tell me that again. However I did not know that before applying, because I never considering that Canada would have so many fraudulent marriages being received that it was actually banned.

I have a relationship of 5 years and a half. We've met in our home town, we live here still. 2 years ago we started living together, first at his parents house where we help sharing the bills but no rent per say and after sub-renting a room from a friend (the lease is in his name, so we made a contract to rent the room of his rented house). When we enter with the paper to get married we were both present but when we received the actual document he was away in Canada studying english, so who signed was a person that had a power of attorney (totally legal in our country). We have all the proof that our relationship is genuine which I think it is the reason for Canada stopped accepting proxy in the first place, too many fake couples only trying to take advantage.

In the website it says: Note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html#notPhysicallyPresent

1. First of all, what does really this note mean? I've already submitted my application as married. In our application on the personal history it is clear that our addresses match. Also, we've sent the proof of funds with one of the accounts being a joint account. Has anyone ever had this relationship sent as married and assessed as common-law? I literally searched all over the internet and I have never seen someone saying the IRCC had doubts and that the marriage was conducted via proxy, but requested common-law proof so it would proceed as common-law.
2. There is an Archived Bulletin that says the below but since it is archived, I am not sure if this still means the officer can follow this instructions of if they are not considered anymore: "3.8 Genuine marriages conducted by proxy, telephone, fax, internet or similar means
   The following options exist to mitigate the impact of the new provisions on individuals in genuine marriages conducted by these means:
   3.8.1 Processing of common-law partners
   If an individual applying under any of the immigration streams is determined by an officer to be in a marriage that was conducted by proxy, telephone, fax, internet or a similar form where one or both parties was not physically present but the individual meets the definition of common-law partner, the officer will continue processing the application with the relationship status category as common-law partner in lieu of spouse. The officer can assess whether the applicant meets the definition of common-law partner by requesting that the applicant submit an IMM 5409 (Statutory Declaration of Common-Law Union) and other relevant documentation to support the existence of a common-law relationship." https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html Does anyone happen to know if they ask for proof that was not proxy if I can tell them to go by that an assess as common-law? Are archived bulletins valid?
3. If they refuse my application straight away, without requesting additional documents to assess as common-law, is there any way I can revert it by showing this statement "Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship" and proving that we could be considered a common-law?
4. Finally, can a subleasing agreement in the name of us both be considered a proof of living together?

THANK YOU! I HOPE I FIND SOMEONE THAT HAVE HAD ANY EXPERIENCE GOING THROUGH THAT. I AM FREAKING OUT A BIT BECAUSE OUR RELATIONSHIP IS GENUINE, WE ARE FROM THE SAME COUNTRY, WE LIVE TOGETHER AND I DIDNT SEE THE "NO PROXY MARRIAGE" PART ON THE IMMIGRATION WEBSITE.

Hoping to get some insights.

 

[canuck78]

Good day all,

My question is extremely specific and note: I already know proxy marriage is considered excluded relationship, so no need to tell me that again. However I did not know that before applying, because I never considering that Canada would have so many fraudulent marriages being received that it was actually banned.

I have a relationship of 5 years and a half. We've met in our home town, we live here still. 2 years ago we started living together, first at his parents house where we help sharing the bills but no rent per say and after sub-renting a room from a friend (the lease is in his name, so we made a contract to rent the room of his rented house). When we enter with the paper to get married we were both present but when we received the actual document he was away in Canada studying english, so who signed was a person that had a power of attorney (totally legal in our country). We have all the proof that our relationship is genuine which I think it is the reason for Canada stopped accepting proxy in the first place, too many fake couples only trying to take advantage.

In the website it says: Note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html#notPhysicallyPresent

1. First of all, what does really this note mean? I've already submitted my application as married. In our application on the personal history it is clear that our addresses match. Also, we've sent the proof of funds with one of the accounts being a joint account. Has anyone ever had this relationship sent as married and assessed as common-law? I literally searched all over the internet and I have never seen someone saying the IRCC had doubts and that the marriage was conducted via proxy, but requested common-law proof so it would proceed as common-law.
2. There is an Archived Bulletin that says the below but since it is archived, I am not sure if this still means the officer can follow this instructions of if they are not considered anymore: "3.8 Genuine marriages conducted by proxy, telephone, fax, internet or similar means
   The following options exist to mitigate the impact of the new provisions on individuals in genuine marriages conducted by these means:
   3.8.1 Processing of common-law partners
   If an individual applying under any of the immigration streams is determined by an officer to be in a marriage that was conducted by proxy, telephone, fax, internet or a similar form where one or both parties was not physically present but the individual meets the definition of common-law partner, the officer will continue processing the application with the relationship status category as common-law partner in lieu of spouse. The officer can assess whether the applicant meets the definition of common-law partner by requesting that the applicant submit an IMM 5409 (Statutory Declaration of Common-Law Union) and other relevant documentation to support the existence of a common-law relationship." https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html Does anyone happen to know if they ask for proof that was not proxy if I can tell them to go by that an assess as common-law? Are archived bulletins valid?
3. If they refuse my application straight away, without requesting additional documents to assess as common-law, is there any way I can revert it by showing this statement "Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship" and proving that we could be considered a common-law?
4. Finally, can a subleasing agreement in the name of us both be considered a proof of living together?

THANK YOU! I HOPE I FIND SOMEONE THAT HAVE HAD ANY EXPERIENCE GOING THROUGH THAT. I AM FREAKING OUT A BIT BECAUSE OUR RELATIONSHIP IS GENUINE, WE ARE FROM THE SAME COUNTRY, WE LIVE TOGETHER AND I DIDNT SEE THE "NO PROXY MARRIAGE" PART ON THE IMMIGRATION WEBSITE.

Hoping to get some insights.

What kind of evidence did you submit that you have been living together for 2 continuous years?

 

[canuck_in_uk]

Good day all,

My question is extremely specific and note: I already know proxy marriage is considered excluded relationship, so no need to tell me that again. However I did not know that before applying, because I never considering that Canada would have so many fraudulent marriages being received that it was actually banned.

I have a relationship of 5 years and a half. We've met in our home town, we live here still. 2 years ago we started living together, first at his parents house where we help sharing the bills but no rent per say and after sub-renting a room from a friend (the lease is in his name, so we made a contract to rent the room of his rented house). When we enter with the paper to get married we were both present but when we received the actual document he was away in Canada studying english, so who signed was a person that had a power of attorney (totally legal in our country). We have all the proof that our relationship is genuine which I think it is the reason for Canada stopped accepting proxy in the first place, too many fake couples only trying to take advantage.

In the website it says: Note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html#notPhysicallyPresent

1. First of all, what does really this note mean? I've already submitted my application as married. In our application on the personal history it is clear that our addresses match. Also, we've sent the proof of funds with one of the accounts being a joint account. Has anyone ever had this relationship sent as married and assessed as common-law? I literally searched all over the internet and I have never seen someone saying the IRCC had doubts and that the marriage was conducted via proxy, but requested common-law proof so it would proceed as common-law.
2. There is an Archived Bulletin that says the below but since it is archived, I am not sure if this still means the officer can follow this instructions of if they are not considered anymore: "3.8 Genuine marriages conducted by proxy, telephone, fax, internet or similar means
   The following options exist to mitigate the impact of the new provisions on individuals in genuine marriages conducted by these means:
   3.8.1 Processing of common-law partners
   If an individual applying under any of the immigration streams is determined by an officer to be in a marriage that was conducted by proxy, telephone, fax, internet or a similar form where one or both parties was not physically present but the individual meets the definition of common-law partner, the officer will continue processing the application with the relationship status category as common-law partner in lieu of spouse. The officer can assess whether the applicant meets the definition of common-law partner by requesting that the applicant submit an IMM 5409 (Statutory Declaration of Common-Law Union) and other relevant documentation to support the existence of a common-law relationship." https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/bulletins-2015/613-june-11-2015.html Does anyone happen to know if they ask for proof that was not proxy if I can tell them to go by that an assess as common-law? Are archived bulletins valid?
3. If they refuse my application straight away, without requesting additional documents to assess as common-law, is there any way I can revert it by showing this statement "Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship" and proving that we could be considered a common-law?
4. Finally, can a subleasing agreement in the name of us both be considered a proof of living together?

THANK YOU! I HOPE I FIND SOMEONE THAT HAVE HAD ANY EXPERIENCE GOING THROUGH THAT. I AM FREAKING OUT A BIT BECAUSE OUR RELATIONSHIP IS GENUINE, WE ARE FROM THE SAME COUNTRY, WE LIVE TOGETHER AND I DIDNT SEE THE "NO PROXY MARRIAGE" PART ON THE IMMIGRATION WEBSITE.

Hoping to get some insights.

Just a lease is not enough to prove common-law. It requires proof of one year of continuous cohabitation. There is no guarantee that IRCC will consider your relationship as common-law.

 

[daniigiannini88]

What kind of evidence did you submit that you have been living together for 2 continuous years?

I did a little history as a couple and there i put the pictures when we moved in together for the first time and when we moved from his parents to ours friends place. also, on the proof of funds the bank letter states joint account

 

[canuck78]

I did a little history as a couple and there i put the pictures when we moved in together for the first time and when we moved from his parents to ours friends place. also, on the proof of funds the bank letter states joint account

Would recommend looking at the list of proof of common law and upload any of the other proof you have. You need concrete proof like bills with your name and address covering at least 1 year period.

 

[daniigiannini88]

Just a lease is not enough to prove common-law. It requires proof of one year of continuous cohabitation. There is no guarantee that IRCC will consider your relationship as common-law.

They require at least two documents for common law, one can be a lease and the other one can be a joint bank account, and we have that and it is stated it is a joint account on our proof of funds. I read somewhere on the CIC website that you only need two of a list of documents required to prove common law. Also, we have each other on the life insurance and on our medical plan from our employers

 

[daniigiannini88]

Would recommend looking at the list of proof of common law and upload any of the other proof you have. You need concrete proof like bills with your name and address covering at least 1 year period.

That is the thing, since we never rented the places (his parents own and his friends is the one on the lease agreement with the owner of the house) we don't have utility bills in our names. We have had a joint account for a while, we have each other on the life insurance and on our medical plan from our employers and we have with our friend a lease agreement for the room we rent at his place.

The biggest thing is i already sent the application as married. The greatest question is if the official would go by this note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship.

the second biggest thing is weather joint account, life insurance and lease agreement are enough for prove of common-law

 

[canuck78]

That is the thing, since we never rented the places (his parents own and his friends is the one on the lease agreement with the owner of the house) we don't have utility bills in our names. We have had a joint account for a while, we have each other on the life insurance and on our medical plan from our employers and we have with our friend a lease agreement for the room we rent at his place.

The biggest thing is i already sent the application as married. The greatest question is if the official would go by this note: Couples who have been married by proxy who have been living together may have their relationship assessed to determine if it meets the requirements of a common-law relationship.

the second biggest thing is weather joint account, life insurance and lease agreement are enough for prove of common-law

You really need more proof that you were living together during that time and proof from the beginning of the 1 year period. The evidence you have doesn’t prove that you have been living together continuously for a year.

 

[daniigiannini88]

You really need more proof that you were living together during that time and proof from the beginning of the 1 year period. The evidence you have doesn’t prove that you have been living together continuously for a year.

but how come? i have the lease agreement, the joint account and even though they do not recognise i am married by my country law. Also, please note our process is a permanent residence though express entry, no sponsorship involved.

On CIC website it has the following (I've stroked the ones that do not apply to us):

In the case of a common-law partner, documentary evidence should include:

• a completed Relationship Information and Sponsorship Evaluation questionnaire (IMM 5532) (included in the application package)
• proof of separation from a former spouse if either the sponsor or the applicant were previously married
• a completed Statutory Declaration of Severance of Common-law Union form (IMM 5519) if either the sponsor or the applicant were previously in a common-law relationship with someone else
• if the principal applicant and sponsor have children in common, long-form birth certificates or adoption records listing the names of both parents
• photos of the sponsor and principal applicant showing they are in a conjugal relationship
• at least two of the following sets of documents. If the sponsor and principal applicant are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
  • important documents for the principal applicant and sponsor showing they are recognized as each other’s common-law partner (such as employment or insurance benefits)
  • documentary evidence of financial support between the principal applicant and sponsor, and/or shared expenses
  • other proof that the relationship is recognized by friends and/or family (e.g. letters from friends/family, social medical information showing a public relationship)

If the sponsor and principal applicant are currently cohabitating, evidence from at least two of the following sets of documents showing that the principal applicant and sponsor have been living together for at least one year (e.g. documents showing the same address for both). If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:

• proof of joint ownership of residential property
• rental agreement showing both the sponsor and principal applicant as occupants of a rental property
• proof of joint utility accounts (e.g. electricity, gas, telephone, Internet), joint credit card accounts, or joint bank accounts
• vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address.
• copies of government-issued documents for the principal applicant and sponsor showing the same address (e.g. driver’s licenses)
• other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cellphone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)

 

[canuck78]

but how come? i have the lease agreement, the joint account and even though they do not recognise i am married by my country law. Also, please note our process is a permanent residence though express entry, no sponsorship involved.

On CIC website it has the following (I've stroked the ones that do not apply to us):

In the case of a common-law partner, documentary evidence should include:

• a completed Relationship Information and Sponsorship Evaluation questionnaire (IMM 5532) (included in the application package)
• proof of separation from a former spouse if either the sponsor or the applicant were previously married
• a completed Statutory Declaration of Severance of Common-law Union form (IMM 5519) if either the sponsor or the applicant were previously in a common-law relationship with someone else
• if the principal applicant and sponsor have children in common, long-form birth certificates or adoption records listing the names of both parents
• photos of the sponsor and principal applicant showing they are in a conjugal relationship
• at least two of the following sets of documents. If the sponsor and principal applicant are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
  • important documents for the principal applicant and sponsor showing they are recognized as each other’s common-law partner (such as employment or insurance benefits)
  • documentary evidence of financial support between the principal applicant and sponsor, and/or shared expenses
  • other proof that the relationship is recognized by friends and/or family (e.g. letters from friends/family, social medical information showing a public relationship)

If the sponsor and principal applicant are currently cohabitating, evidence from at least two of the following sets of documents showing that the principal applicant and sponsor have been living together for at least one year (e.g. documents showing the same address for both). If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:

• proof of joint ownership of residential property
• rental agreement showing both the sponsor and principal applicant as occupants of a rental property
• proof of joint utility accounts (e.g. electricity, gas, telephone, Internet), joint credit card accounts, or joint bank accounts
• vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address.
• copies of government-issued documents for the principal applicant and sponsor showing the same address (e.g. driver’s licenses)
• other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cellphone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)

From my understanding you do not have a ease with both your names on it for over 1 year of cohabitation. Woud read through other common law applicants. They are asked for quite a lot of proof that they have lived together throughout the 1 year. Concrete proof of date, name and address is what is important to show that people are living together from the beginning of the period especially. The word of friends and family is only worth so much because unfortunately people lie. This is all hypothetical your proxy marriage nneda to be rejected first but always good to have the inforation ready to submit if possible.