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カナダへの道(移民申請)
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No.4188
I’m puzzled. the definition of common-law
by maple relief from トロント 2005/03/05 17:00:38

I’m an applicant of Permanent Resident Status in Common-law Class in Canada. After having lived with my partner for more than one year, I considered applying for PR.
I submitted my application in June 2004. In May 2004, one month before submitting application for PR, my partner and I started gathering required documents and made Statutory Declaration of Common-law Union and opened our joint bank account etc.

Nine months have passed since I applied. I’ve received a couple of letters from CIC asking me to provide more information that shows our common-law relationship is genuine and continuing.
The last letter I got a couple of days ago says, “Living at the same address does not show proof of a common-law relationship.” “Please provide proof of at least one year prior to the submission of your application for landing in June 2004.”
I was puzzled. I checked CIC website (manuals and regulations) to find out what the definition of common-law is. Seemingly we are not recognized as common-law partners yet. ??? I guess I sent my application too soon. I think I might have to withdraw. Does anyone have the same or similar experience?
I’d like to know if you opened your joint account or took insurance under both of your names or made a statutory declaration of common-law document or did anything to be recognized you are in common-law relationship officially at least one year before submitting your application.



Res.1 by jjj from us 2005/03/06 17:47:26

I am applying permanent residence under skilled worker with my partner in common-low relationship.

Here are list of document that our lawyer requested.

a) joint ownership of property, joint utility bills, lease/rental agreements, joint mortgage/loan.

b) operation of joint bank accounts, joint credit cards- evidence any such accounts have existed for a reasonable period of time.

c)insurance policies(documents naming the partner as a beneficiory, wills, powers of attorney.

d) evidence that the relationship has been declared to government bodies and commercial or public institutions or authorities, and acceptance of such declarations by any such bodies.

e) joint membership in organizations or groups, joint participation, sporting, cultural or social or other activities.

f) documents showing travel together, long distance telephone bills.

g) significant photographs.

h) testimonials by parents, family menbers, relatives or friends and other interested parties about the nature of the relationship and whether you present yourselved to others as partners. these statements should indicate who the person is, how long they have known you, under what circumstances, they have seen you live togather, how long they have seen you live togather and thier positive view of your relationship.

i hope this help. good luck!!  
Res.2 by 無回答 from トロント 2005/03/09 11:41:44

You are right. You applied too soon.

The website and manuals of CIC clearly say that you must have lived with your partner in a conjugal partnership for at least one year.
You say you opened your shared bank account in May 2004 and sent your documents in June 2004. That means you were not recognized as common-law partners at the time of application, and are still not recognized as common-law partners now in March 2005.

If you had lived with your partner for at least a year by June 2004, you must prove that with official documents, e.g. your shared bank account that had been opened before June 2003, and as Res.1 says, your apartment contract with both of your names on it, which was signed before June2003.
As proof, I sent copies of letters for me and ones for my partner with dates and the same address, along with an original of a letter from my landlord which certifies our cohabitation period (as we did not have an official contract for our previous house).

You should find such documents to prove that your common-law partnership has lasted at least one year (since before June 2004) and send them to CIC, or wait until June 2005 and reapply.

Good luck.  
Res.3 by from トロント 2005/03/09 12:38:58

It must be very frastrating process for you. Unfortunately, there are not much you can do at the moment. You might need to submit more photos with date on before June 2004.Or if your family member or your partner’s family member could write a letter with their signature - proving your relationship - might really help (also with photo).

After all those documents - there are nothing you can do but just wait. Just take it easy - after may 2005, I’m sure you will be fine with everything you submitted. It costs money to re-apply, so you might be better off just wait untill you hear from them after June.

I believe you submitted the application too soon to use the proof of the joint bank, insurance, any of those.  
Res.4 by 無回答 from バンクーバー 2005/03/09 13:35:49

Res.2-san is right. On page 11-12 of ”IP 8 Spouse or Common-law Partner in Canada” (CIC manual, http://www.cic.gc.ca/manuals-guides/english/ip/ip08e.pdf), it is clearly stated that an applicant should meet the requirements WHEN THE APPLICATION IS RECEIVED AND WHEN PERMANENT RESIDENCE IS CONFIRMED. That means even after May 2005, you still need to prove your common-law relationship for at least one year prior to the submission of your application in June 2004. Waiting won’t change the situation.

I would suggest you to try to find documents that you two have FINANCIALLY set up one household during the period in question and send them to the visa post. Refer to the CIC web site at http://www.cic.gc.ca/english/sponsor/familymembers.html#common). Good luck!  
Res.5 by maple relief from トロント 2005/03/09 15:46:24

I thank all of you who replied to me.
Today, I talked to a CIC agent. The agent said our relationship is not recognized as a common-law couple because those documents we’ve provided to prove our relationship were definitely not enough. Especially the fact that we declared common-law and opened our joint bank account just one month before we submitted application was unacceptable. Unfortunately we have nothing else to provide right now. I’ve decided to withdraw. I don’t want to waste my time. I’ve waited for 9 months already and I was told that my application hasn’t even been in process. Such is life. Well, I’ll reapply for it in the future.

Again, thank you very much for your advice and kindness.
Take care.
 
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