finnn

Hi everyone,

My Canadian girlfriend and I submitted a PR application last July through the common law sponsorship route, and despite a couple of false starts (had to resubmit twice due to minor oversights on the form itself), we thought our application was solid. Considering I was asked to provide police certificates and a medical exam, we figured a positive decision was coming.

We got a phone call last week telling us that we didn't provide enough evidence of our relationship/cohabitation and that we now have 30 days to provide it. We don't have a rental agreement at our place, we pay month-to-month, so I provided rent receipts 12 months apart as proof of cohabitation. In our initial package we also supplied evidence that we lived at the same address (a letter from an insurance company sent to me, and her driver's license), as well as a bunch of photos of us on vacation, facebook screenshots of interactions (including ones where our respective families had chimed in, which we thought would strengthen our case), but apparently they aren't convinced. When they called they asked if we had joint bank accounts/insurance, which we don't. We also don't have our names on things like utilities because my girlfriend lived at the apartment before I moved in and we felt no need to change those things when we can simply just send each other money every month. You know, because we've been living like a normal couple and not a couple desperate to convince CIC that we're a couple.

I'm not sure what we can do at this point, so any suggestions would be hugely appreciated. We can easily go and open joint bank accounts/insurance, but I doubt newly opened accounts would satisfy them, would they? We also have a cat, and the officer on the phone did mention that proof of owning a pet together is also helpful. Could we just take the cat to the vet and get a receipt with our names on it? We don't have any other documentation proving ownership.

Thank you!

christmasoompa

Sorry to hear that. It does sound as though the decision was fair though, unfortunately none of the things you've mentioned show that you are living as husband and wife and have 'combined your financial affairs' (which is what you need to prove). Having letters sent to the address don't prove anything, as you could just be housemates and Facebook screenshots don't prove a marriage like relationship.

They are looking for things to show that you are spouses, even if not legally married. So if you think of things that 'normal' spouses would have, that's what's they're after - wills naming each other as beneficiaries, ditto life insurance, joint bank account, etc. Are either of you secondary card holders on each others credit card accounts? Anything that shows joint finances as if you were married. The cat is great, but you will need proof of joint ownership. Where did you get him/her from, do you have a receipt for purchase or adoption? Do you have insurance for him/her and if so, is that in both names?

The only thing you can do is get more proof and reapply, things like wills and life insurance are sensible to do anyway so won't be wasted time! Newly opened accounts are better than nothing. Failing that, a marriage ceremony will negate the need to prove you live together!

Best of luck.

finnn

Thanks for your input. My current work permit is conditional on having the PR application in, so I really need to figure out a way to make sure this one is successful. Obviously we wouldn't be able to reapply if I have to go back to the UK, so it's all or nothing for this application. The reason common law is separate from marriage is that common law isn't marriage. People can live together and not want all the commitments that come with being married, like having life insurance together. It seems CIC has a very narrow vision of what a "real" couple looks like, and we're being punished for not fitting that category. I guess we'll just open all the joint accounts and if it's not enough then I'm assuming there's some sort of appeal process, hopefully I'll be able to keep working in that time.

christmasoompa

Of course, but then they don't qualify to sponsor each other for immigration. A lot of countries don't even allow cohabiting couples to go on a joint visa application (i.e. the US, if you aren't legally married then tough!), Canada is more lenient than most but they do still require you to essentially be married in all but name and to be able to prove it. I'm not sure that having life insurance is a commitment that comes with being married.......I certainly had it when I lived with my now husband. It's not only married people that do the dull financial stuff.

If you are in Canada now, then is there any other visa route you qualify for? Which job are you doing and how long have you done it for? Which province are you in, and when does your work permit expire? Just wondering if there may be another visa option for you if you don't want the commitments that CIC require for a spousal app?

Siouxie

Do have a read of our very helpful wiki article - especially the part about 'supporting documentation' https://britishexpats.com/wiki/Spous...nsored_Persons

Gather as much evidence as you can to show that you are in a genuine ongoing committed relationship - the onus is on you to prove that you 'are as if married' in everything except the ceremony. Whilst you may not want to have commitments to each other that can be documented - like life insurance policies or joint bank accounts, CIC require you to show that you are committed to each other in a romantic conjugal relationship - not just room/house mates.

crofty82

Dorothy

Does it? My daughter's housemate transfers money (exactly 1/2 the rent and bills) to her account every fortnight. All it proves is that they share the cost of their rental.

My partner and I provided documents showing that we were each others next of kin on our work contracts, copies of our pensions stating the other as beneficiaries, wills etc. We don't have a joint bank account, but that's only because he was still going to court for a property dispute with his ex wife.

crofty82

neilcumming

When I was sponsoring my wife for PR we were asked for more proof so we went and got a joint bank account at RBC, the bank also gave us a letter stating we had opened a joint account.We also put my wifes name on the rental agreement/ lease and with more photos we sent that and was acceptable.We didnt have joint names on utility bills but if you can get one with both your names on it will help.

Engineer_abroad

Just go to the registry office in the next 30 days do a 1 hour wedding ceremony get a certificate and done. Don't even need to tell parents then do a second wedding later. I know many people, me included you got married a little sooner than they would or normally to ease immigration pathways.

I agree with Christmas that if you want an informal relationship which is not committed enough to align financial affairs, make beneficiary of will etc. then one of the 'benefits' you give up for that is the inability to be sponsored to move to a new country. Ultimately what the government want to know is that you are not going to arrive and separate, thereby using sponsorship as a backdoor to the points/skills based system.

finnn

I explored other options last year because I would've preferred not to have my girlfriend do a bunch of form filling as my sponsor, but I'm about 100 points short of bring eligible through EE and my employer isn't even registered with OINP or I could've tried that. Unfortunately at this point, both are non-starters. To answer your other questions, I'm in Ontario, I manage a restaurant and I've been at the same company here for over 3 years. The work permit I have right now is a bridging one, conditional on my current PR application (but has an expiry date of July next year).

finnn

Thanks, this is something we have considered. However, often the amounts will change as maybe someone paid for groceries recently etc, and we'll deduct that from what's owed for rent/utilities. I guess it wouldn't hurt to show money going back and forth for the past year or so.

finnn

Thank you for this - gives me some hope that a newly opened joint account is better than nothing!

finnn

I wonder if we did that, if we'd have to restart the application as our circumstances have changed, or whether we could just submit the marriage certificate as part of this application. I don't think we'd take that route but I'm curious all the same...

Siouxie

As I understand it you could submit the certificate of marriage without reapplying, however, do be aware it should be the official one from the Govt., not the one the officiant gives you - although you 'could' submit that and tell them that you will forward the official one once you receive it.

You will need to notify them that you are married (and it would be an idea to throw in a page or two with scans of the wedding photos, scans of any 'congrats' cards etc., - keeping within the maximum number allowed now.

Do make sure you comply with any documentation requests within the allotted time frame they give you - and if you can't meet the time constraint inform them as soon as possible with an explanation and notify them you will submit as soon as received. Failure to comply with date constraints (i.e. 30 days / 60 days etc) can result in the application being refused.

Just a thought - did either of you declare the other on your tax returns as you common-law partner / spouse by any chance? That could also be used as evidence that you are officially 'as if married' - https://www.canada.ca/en/revenue-age...ue-agency.html - have either of you got 'healthcare benefits' at work and included the other as a family member for it? That would help too.

Unfortunately just showing money changing hands 'sharing the bills' probably won't be a great deal of help as if you were friends sharing an apartment you would likely do the same! Do you share a phone plan, by chance? Write your wills, naming your partner as your spouse and beneficiary (that would be another quick and easy option) - you don't have to go through a lawyer, you can pick up a will pack at very low cost or just draw one up and sign and get 2 witnesses. You can always destroy them later if you want to redo them! https://www.staples.ca/en/Self-Couns...2_1-CA_1_20001

Edited to add - open tax free savings accounts (with a bank) and name each other as the beneficiary or successor holder! https://www.theglobeandmail.com/glob...ticle33987944/