+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Sufficient proof of co-habitation in common law application?

yogi.ie

Newbie
Jul 17, 2009
6
0
Man, I'm not sure where to start. I guess from the start for completeness sake as our situation has evolved into requiring hard proof of our togetherness from a time when we were just happy being/living together.

I'm Irish and met my Canadian girlfriend in Australia in August 2007. She was a student and I had a Working Holiday visa, had finished some travelling and was looking for work when I met her. She was living in shared accommodation and I was renting a room with a friend. Her student visa expired in December 07 but she soon decided that she would return to Australia with a 1 year Working holiday Visa so we could be together in Australia.


Prior to her leaving my girlfriend became good friends with my social circle, there was a good number of my friends from Ireland there. Myself, my girlfriend, my mate and his girlfriend decided we'd get a place together. We finally found a place in late Oct 07. The lease would only allow two people to sign for it as technically only two people were supposed to live there. The lease company, in reality, didn't care as long as two people were on the lease. As I had done most of the legwork and had a longer term visa, and my mate was in the same situation along with significant Australian landlord references we both went on the lease application and subsequently the lease. This wasn't a big deal at the time, one person from each couple was on the lease. As mentioned, my girlfriend's visa was running out and she was a student so it didn't look good on the lease application. My lease app, ahem, looked like I had work but I was soon actually working in a good job.

We moved in on Oct 28th. I had no bank account at the time so the rent was taken from my friends account. The bills were also in his name - it was just that he organised those things from work. It wasn't a big deal, we were childhood friends. On November 3rd 07 my girlfriend and I set up a joint bank account. This has payments to my buddy for bills and rent in the bank statement.

My girlfriend's previous lease only expired on November 13th but, as mentioned, she had already moved in with me. Not sure whether to mention this in the app as it seems implausible. My girlfriend left for Canada on December 3rd to go home for Christmas, get an Australian visa and earn some money for her return flight. She returned after 10 weeks in Feb 2008.

It was here we lived until early December 08. We had every intention of staying in Australia but my girlfriend had trouble getting a job in her chosen field in Australia, grew tired of waitressing and had decided to study some more. It was too expensive in Australia so we decided to go to Canada. She was accepted for a course starting in Sept 09. We left Australia in December 08, travelled through Thailand for a few weeks and arrived in Ireland before Christmas to explore my Canadian visa options. We were very much naive of the process but our goal when researching a visa was to try stay together. We decided to get me a 1 yr Working Holiday Visa and apply inland once I got to Canada. We confirmed this was possible. While in Ireland we lived in my mother's house. We were waiting here until my working holiday visa was processed however my girlfriend got last minute notice that she had to do an entrance exam for college so she had to leave Ireland in March 09. I finally got my Working Holiday visa and arrived in Canada 10 weeks later.

After talking with Canadian immigration in Dublin, and again at the airport, I arrived in Canada on a tourist visa as we planned on driving around the country for our first months or so, which we've just done, and I had no intention to work. This also gave us more time on my Working Holiday visa for the Permanent visa to be processed. I plan on crossing in to the States and then re-entering to activate my 1 year as soon as our application package is nigh on ready. We're now living together in her parents house in the meantime. I'm soon to start looking for a job but I want to get this application right.


Now, finally, my query. I don't think we'll have any problem proving the relationship is genuine. We've met each others families numerous times, we've gone on numerous trips and outings and have tons of photos and itineraries to prove it. We also have evidence of regular communication and gifts while we were apart on the two occasions. That part doesn't concern me. I worried about proving our co-habitation/maintaining a household for a year. In the time we were living together we weren't concerned that we'd ever have to prove this stuff. As a result the only evidence we have of living together there are our bank accounts and her Australian licence (although this confirms no dates, merely that she lived at the same address). We also have an additional source saying we lived at the same address. My girlfriend's superannuation (Australian compulsory pension) company is sending us a letter saying when her account was set up (April, when she started working) and at our old Australian address but doesn't cover 12 months. I have the lease saying I lived there. The only further proof I could probably garner are statutory declarations from both our parents attesting to us living together (her parents stayed with us twice), another from my fellow lease holder and maybe one from an Aussie doctor who knew us both. Could this be enough?

Does the time we spent living in my mother's house in Ireland count as maintaining a household? In Ireland we were living off our savings, which were large, getting smaller now, basically waiting for my other visa to be processed. We were paying rent.

Does our time living in her parent's basement count? We probably won't have our own place by the time we send in the app, which will need to be soon to ensure it can be processed while I'm legally allowed to stay here?

Is our best bet to prove 1 year from Feb 08 (when she returned to Australia) to Feb 09 (when we're living in my mother's house in Ireland) as this period excludes our time apart?



Date Summary:

Mid August 07: Met
Late Oct 07: I signed a lease with my mate, we all moved in.
Early Nov 07 (a few days later): Setup joint bank account
Early Dec 07: Girlfriend leaves for 10 weeks
Feb 08: Girlfriend returns
Dec 08: Leave for Ireland (via Thailand for holiday)
March 09: Girlfriend leaves for Canada for college exam
May 09: I arrive in Canada 10 weeks later


Naturally, like everyone else on here, we've been freaking out worrying about this. I appreciate anyone who takes the time even to read and consider all that. Some of it sounds superfilous but I thought the bigger picture and an explanation of the lack of evidence may help.


Regards,

Yogi
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
Well, the first thing I'll say is that "explanations for the lack of" don't work well with CIC. They're into being able to see proof and evidence - and so you're in your strongest position if you have that proof and evidence to submit upfront, which does not give them the ability to start making judgments that are, at best, subjective. If you don't have enough proof of your common-law qualification (and Section 5.34-5.35 of the OP2 Processing Manual gives you a list of what types of things they're looking for) they will request that you attend an interview. They may decide that you have a genuine enough relationship - but the establishment of a common-law partnership under the law is a necessary prerequisite to being eligible to be sponsored and if you can't prove that you have co-habitated for long enough to establish a common-law partnership as it's spelled out in law, you won't be approved in the common-law category.

If you're intending to marry - maybe do that sooner rather than later. If not, go from the date that you can start to prove you've lived together and just delay submitting an application until you have documented proof of an entire year's worth of cohabitation. Believe me, it's so much better to put the delays on your end when they make your application stronger than to give CIC the option to string things out for months on end, making you wait while they "assess" this and that and interview you, etc, and then in the end possibly refuse the application anyway. Yes, you have the "right of appeal" - but don't depend on that. Most people don't know that it can take in excess of a couple of years to even get your case heard - and then, if your appeal is allowed, you have to wait again while they reprocess your entire application. Better to get it right at the front end - so, if you don't have strong evidence of your common-law qualification, either wait til you do or get married so you don't need it.
 

yogi.ie

Newbie
Jul 17, 2009
6
0
Hi,

Thanks for taking the time to respond RobbiesLuv.

Our urgency to apply soon and not wait is because I won't be able to work/remain in Canada in a years time as my working visa will have expired.

I had read the references you gave and am aware of the need to legally satisfy the requirement for co-habitation. I think we have satisfied some of them. My question was that considering the evidence we do currently have (joint bank account, evidence of rent/bills paid from the account, numerous statutory declarations and licences and other mail showing same address), is that enough? Are people aware of other cases who have succeeded with similar evidence? Is it really subjective? How much evidence is enough? I realise the more the better but there's a limit to what we can produce.

Also can the 10 weeks apart near the start of the co-habitation be considered "temporary and short" as outlined in the manuals?

If not, can the time spent living in my mother's house in Ireland be considered as maintaining a household, as this time would complete a full year?


Thanks again,

Yogi
 

yogi.ie

Newbie
Jul 17, 2009
6
0
Hi,

Just to provide an update for anyone that may be in the same boat some time in the future that a decision has been made and it was determined that we meet the requirements for permanent residency. From what I've read it seems like it's relatively plain sailing from here on in.

I just want to thank RobbiesLuv and anyone else who took the time to read and comment on my case.

Thanks again,

Yogi



Timeline for our Inland app:

We received your application for permanent residence on August 13, 2009.

We started processing your application on September 11, 2009.

Medical results have been received.

A decision has been made and you will be contacted.

We sent you a letter on February 18, 2010 about the decision on your application. Please consider delays in mail delivery before contacting us.
 

yogi.ie

Newbie
Jul 17, 2009
6
0
Had my "interview" (just paid and gave them photos for my PR card) last Tuesday. I'm all sorted. Timeline:


Timeline for our Inland app:

We received your application for permanent residence on August 13, 2009.

We started processing your application on September 11, 2009.

Medical results have been received.

A decision has been made and you will be contacted.

We sent you a letter on February 18, 2010 about the decision on your application. Please consider delays in mail delivery before contacting us.

Received letter confirming interview (on March 23rd) in Kitchener on March 15th.

Had PR interview March 23rd. All done.
 

diddagirl

Star Member
Aug 24, 2009
168
10
Job Offer........
Pre-Assessed..
yogi.ie said:
Had my "interview" (just paid and gave them photos for my PR card) last Tuesday. I'm all sorted. Timeline:


Timeline for our Inland app:

We received your application for permanent residence on August 13, 2009.

We started processing your application on September 11, 2009.

Medical results have been received.

A decision has been made and you will be contacted.

We sent you a letter on February 18, 2010 about the decision on your application. Please consider delays in mail delivery before contacting us.

Received letter confirming interview (on March 23rd) in Kitchener on March 15th.

Had PR interview March 23rd. All done.
Wow, that seems like a very quick inland timeline. Congrats- glad it all worked out for you!
 

yogi.ie

Newbie
Jul 17, 2009
6
0
Thanks! Yeah, when we rang the "helpline" we were told that only my sponsoring partner's section would completed around the 6 month mark. This obviously wasn't the case but when we got a Decision Made around then we feared the worst.