Inland spousal out of status partner red flags

[anon813]

Hi everyone, looking for some advice for my situation.

I am a canadin PR and my partner is currently out of status. We do not wish to stay away from each other hence want to get married soon and apply for inland spousal right after we get the marriage certificate. Will that be a red flag in the application. My partner also worked illegally for like 5 months before we realized the permit expired. They stopped working once we knew about it. Any advice is appreciated.

 

[Amiah_world]

No issues whatsoever here, don’t tell IRCC he was working while his permit expired though. If it wasn’t a job where he claimed taxes don’t mention it on the application.

 

[anon813]

No issues whatsoever here, don’t tell IRCC he was working while his permit expired though. If it wasn’t a job where he claimed taxes don’t mention it on the application.

Hi, thank you so much for replying. Unfortunately he did file taxes this year so we have to mention it. It says in the public policy that any illegal working along with over stayed visa is pardoned for inland spousal. Does this not come under that?

 

[Amiah_world]

I have no idea how to answer that, a consultation with an immigration lawyer cost anywhere between 250-500 dollars. I’d highly recommend you do that.

 

[anon813]

I have no idea how to answer that, a consultation with an immigration lawyer cost anywhere between 250-500 dollars. I’d highly recommend you do that.

Hey, I replied on the other thread too. We did do a consultation. They said there is a high chance of approval. I am looking for advice on this site from people who did the application by themselves specifically on how to articulate the letters. I am sorry if my questions are repetitive or annoying. I am trying to get as much info as I can.

 

[armoured]

Hi everyone, looking for some advice for my situation.

I am a canadin PR and my partner is currently out of status. We do not wish to stay away from each other hence want to get married soon and apply for inland spousal right after we get the marriage certificate. Will that be a red flag in the application. My partner also worked illegally for like 5 months before we realized the permit expired. They stopped working once we knew about it. Any advice is appreciated.

Obviously having worked without work permit is a red flag, as is being out of status. That said, these are NOT usually things that kill an application on their own.

Getting married and applying right away on its own does not look that good but also not definitive.

What you can expect - and what will matter - is that you can expect extra examination of the relationship and whether it is genuine. If the relationship is believed to be genuine, will likely be ok in the end.

So the questsions you should be thinking of and responding to are - time together; residing together; EVIDENCE (not just stories) about time together, support to each other, EVIDENCE that your friends and family know of the rleationship, etc.

If you've been together for only a short time before the marriage, expect even more scrutiny.

 

[anon813]

Obviously having worked without work permit is a red flag, as is being out of status. That said, these are NOT usually things that kill an application on their own.

Getting married and applying right away on its own does not look that good but also not definitive.

What you can expect - and what will matter - is that you can expect extra examination of the relationship and whether it is genuine. If the relationship is believed to be genuine, will likely be ok in the end.

So the questsions you should be thinking of and responding to are - time together; residing together; EVIDENCE (not just stories) about time together, support to each other, EVIDENCE that your friends and family know of the rleationship, etc.

If you've been together for only a short time before the marriage, expect even more scrutiny.

Thanks for the reply!! I am currently working on getting pictures, screenshot of our conversations, call logs and letters from friends and my family. Just worried about applying right after marraige!!!

 

[armoured]

Thanks for the reply!! I am currently working on getting pictures, screenshot of our conversations, call logs and letters from friends and my family. Just worried about applying right after marraige!!!

How long have you been together / living together?

 

[anon813]

How long have you been together / living together?

We don't live together but live in cities which are two hours distance. We are together since one year and 3 months.

 

[armoured]

We don't live together but live in cities which are two hours distance. We are together since one year and 3 months.

In your case I would NOT apply until you are residing together with some concrete evidence of this (in fact, you cannot apply as inland unless living together). You might consider applying outland because if he should need to leave the country, his chances of returning may be low and then app would be considered abandoned. But still - do not apply until residing together with evidence of that.

Hope you also have good evidence of having spent a good amount of time physically together during that 1 1/4 year.

 

[anon813]

In your case I would NOT apply until you are residing together with some concrete evidence of this. Hope you also have good evidence of having spent a good amount of time physically together during that 1 1/4 year.

Understood. We will be moving in together soon. I am waiting for approval from my landlord to add them to the lease. And gathering all the call logs. Does having multiple letters from friends help in any way?

 

[armoured]

Understood. We will be moving in together soon. I am waiting for approval from my landlord to add them to the lease. And gathering all the call logs. Does having multiple letters from friends help in any way?

Letters from friends on their own are only slightly helpful. They can be more helpful if they are supported by specific evidence (eg friends include photo or some other evidence of event or whatever where they physically saw you both together). If they do not have specific evidence, they should keep the letter short and be SPECIFIC about facts and dates. Bullet points with specifics are FAR more likely to be read and attention paid than romantic verbiage.

Long letter "oh they really love each other you can just tell" - almost useless. "We are friends and would go out and eat dinner together once a month for Thai faood; they attended our wedding, here's a photo; we played curling together on a team, went to the briar in [city] in February this year, here's a clipping from the club newsletter" - very helpful and supportive.

But letters from friends on their own - unless REALLY detailed and specific - are not going to be convincing without the context of other supportive evidence you both provide. Multiple letters from friends - same basics. Better a few specific letters and with details/some supportive evidence than dozens of empty ones.

 

[anon813]

Letters from friends on their own are only slightly helpful. They can be more helpful if they are supported by specific evidence (eg friends include photo or some other evidence of event or whatever where they physically saw you both together). If they do not have specific evidence, they should keep the letter short and be SPECIFIC about facts and dates. Bullet points with specifics are FAR more likely to be read and attention paid than romantic verbiage.

Long letter "oh they really love each other you can just tell" - almost useless. "We are friends and would go out and eat dinner together once a month for Thai faood; they attended our wedding, here's a photo; we played curling together on a team, went to the briar in [city] in February this year, here's a clipping from the club newsletter" - very helpful and supportive.

But letters from friends on their own - unless REALLY detailed and specific - are not going to be convincing without the context of other supportive evidence you both provide.

Thank you for the detailed reply. Yes we did go camping and trips with our friends and we have pictures from the said events with dates and bookings. I am planning to add that to the letters. Also attended birthday and bachelorette events together and we have pictures of the same.

 

[Ponga]

Hi, thank you so much for replying. Unfortunately he did file taxes this year so we have to mention it. It says in the public policy that any illegal working along with over stayed visa is pardoned for inland spousal. Does this not come under that?

The Public Policy for Inland application includes a person that has overstayed, worked without authorization, studied without authorization. Nowhere does it mention that a single person could have violated two or more of those, so I don't know where you saw the words `along with'. Having said that...it doesn't state that a person could NOT have done both, or even all three.

 

[YVR123]

Hi, thank you so much for replying. Unfortunately he did file taxes this year so we have to mention it. It says in the public policy that any illegal working along with over stayed visa is pardoned for inland spousal. Does this not come under that?

My advice is . DO NOT work when out of status. If he did work, be truthful. Any lie if found out by IRCC later on will have a serious result.
It's misrepresentation and could be resulted in a 5 year ban from Canada.