Common Law or Married?
Not all marriages are genuine relationship. Some applicants submit a bogus Inland spousal application by getting legally married. Some applicants choose not to get married and submit a common law Inland spousal application and get automatically challenged by immigration officers.
Then the file gets transferrd to Etobicoke IRCC and the common law applicants are asked to provide additional documents to prove periods of cohabitation!
Which world do (certain) Etobicoke IRCC Immigration Officers live in? Why after applicants submit all the documents required are they being asked to submit ridiculous documents to prove periods of cohabitation? Genuine loving couples have enough to deal with during COVID-19 just to make sufficient income to survive instead of coming up with additional cohabitation evidence. Do not these (certain) Immigration Officers know that if an applicant paid a sponsor more than $30,000.00 to be sponsored to Canada that they would have fabricated all the documents humanly positive to prove cohabitation? That most inland spousal applicants would have the principal applicant “Out of Status” with a warrant for arrest on their file for not leaving Canada when ordered? They make their demands because they can by quoting IRPA A16(1)
The Real World! Many applicants are “Out of Status” and unable to obtain a marriage license due to not having the required identity documents to even obtain a marriage license. During COVID-19 City Halls were closed and many applicants with identity documents were also unable to obtain a marriage license, so they all submitted common- law applications from within Canada. Thousands lost their employment and could not afford to pay for a representative, so they submitted (DIY) Do It Yourself spousal applications following all the required documents list they were allowed to submit.
Etobicoke IRCC Immigration Officers are sending out applicants a list of 12 – 15 more additional documents demanding for them to prove their periods of cohabitation! In the list of documents, they request are as follows.
· OHIP Ontario Hospital Insurance Plan cards. Spousal applicants who are not permanent residents or citizens would not have an OHIP card. OHIP cards do not have the persons address on the card so what use would there be for a sponsor to submit a OHIP card? Medical Privacy??
· Copy of Pay Stubs Most likely the applicant is working for CASH! How will he/she get paystubs?
· Letters from Employers Do these Immigration Officers really think that employers breaking the law by hiring (illegals) will provide letters of employment dealing with salary, nature of employment, length of employment so that information could be passed onto the CRA?
· Lease or Rental agreements of all residences you and your spouse resided in the past two years; When your partner is working for cash (peanuts) and has no identity documents it is more likely that you are living in some extended family members dark, dank basement apartment that was never approved. Your second cousin would not give you a lease because they too are breaking the law.
· Copies of utility bills When you are living in the basement of a relative’s house there would be no separate utility bills. No Hydro, Water, or Internet bills, they would be included in your rent payments.
· Copy of Employer benefit plans. Would a sponsor want to list her/his “Out of Status” partner on their companies benefit plan so that CBSA could come and arrest him/her with their warrant?
The letters they send to applicants include the following sentence.
If you are unable to provide any or all of the requested documents/information, please explain why they are not available.
What if an applicant claimed the evidence asked for is NOT RELEVANT?
Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
