Letter of explanation (out of status and unauthorized work)

[Canada sponsorship]

Hello,
I am applying for spousal sponsorship and wanted to write a letter of explanation regarding being out of status and unauthorized work.
I wanted to ask what should I write to explain unauthorized work. I did make a draft but wanted to know if I am missing something. I am included under public policy and will be admissible.

I applied for visitor record restoration mid last year and worked unauthorized for a month waiting for visitor record restoration. I then worked for another month on visitor status and then quit work and got married to my current wife.She then decided to sponsor me for permanent residency.

I wrote in letter that I did not initially plan on working unauthorized when I applied for visitor record but due to us deciding to get married some time after applying for visitor record restoration, I worked unauthorized in moment of love and wanted to save some money for wedding.
I did not work unauthorized before the visitor record application and only after after applying.
Do you think it might count as misrepresenting or any issue if I decided to work unauthorized after applying visitor record restoration?
I am going to disclose all this truthfully in the letter but was just making sure if I should be aware of any issues ?
Thank you in advance

 

[Ponga]

You obviously have to answer all questions in the sponsorship application truthfully. Volunteering information that you worked without authorization...may not be the best plan.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#3
Lack of status

For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:

• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).

While it is true that the Public Policy that waives the requirement for an Inland applicant to have legal status due to overstaying; studying without authorization; working without authorization, it is not clear that one could claim more than one of those three...you have two by stating that you also worked illegally.

I urge you to wait for others to chime in, but you may want to at least confer with an immigration lawyer regarding your overstay AND illegal work and how, if at all, it could impact your application.

Good luck!

 

[canuck78]

Speak to a lawyer. Saving for a wedding is not good reason to work illegally. The other big issue is that you got married after your PGWP expires which will likely raise warning flags unless you have a long dating history and this was not an attempt to secure PR.

 

[Canada sponsorship]

You obviously have to answer all questions in the sponsorship application truthfully. Volunteering information that you worked without authorization...may not be the best plan.

While it is true that the Public Policy that waives the requirement for an Inland applicant to have legal status due to overstaying; studying without authorization; working without authorization, it is not clear that one could claim more than one of those three...you have two by stating that you also worked illegally.

I urge you to wait for others to chime in, but you may want to at least confer with an immigration lawyer regarding your overstay AND illegal work and how, if at all, it could impact your application.

Good luck!

Thanks for your response ponga.
I have seen posts of people on this forum disclosing that they were out of status as well as worked while being out of status which technically means they worked unauthorized and were also without status.
I have already sent a small letter of explanation disclosing this in my visitor record extension and I have completed the whole application for inside Canada spousal sponsorship and just this letter is pending which I have been brainstorming for past 2 days.

I read through these forums and read through the forums here to get better idea of people being out of status and getting approved for their permanent residency.

 

[Canada sponsorship]

Speak to a lawyer. Saving for a wedding is not good reason to work illegally. The other big issue is that you got married after your PGWP expires which will likely raise warning flags unless you have a long dating history and this was not an attempt to secure PR.

I understand that but we have been dating for quite some time and I understand that getting married after pgwp might raise red flags.
But we wanted to build a future here and wanted to get married down the road.

I had a lmia that was applied by my employer that was refused so i couldn't extend my work permit.

So we wanted to stay here in Canada and build our future together and I believe getting married to stay together and build a future together and us being not separated is a good reason to get married.

I did not write in letter that we are got married because my lmia was refused or I need permanent residency , I simply plan on writing that we want to build a future here and want to stay together and support each other financially, physically and emotionally.

We live together and have lots of photograph and pictures and we had a good wedding as well.

 

[Ponga]

Thanks for your response ponga.
I have seen posts of people on this forum disclosing that they were out of status as well as worked while being out of status which technically means they worked unauthorized and were also without status.
I have already sent a small letter of explanation disclosing this in my visitor record extension and I have completed the whole application for inside Canada spousal sponsorship and just this letter is pending which I have been brainstorming for past 2 days.

I read through these forums and read through the forums here to get better idea of people being out of status and getting approved for their permanent residency.

Yes, but again it is not clear how IRCC looks upon those (like you) that have `2 strikes against them', per se.

 

[armoured]

While it is true that the Public Policy that waives the requirement for an Inland applicant to have legal status due to overstaying; studying without authorization; working without authorization, it is not clear that one could claim more than one of those three...you have two by stating that you also worked illegally.

Your interpretation here is dependent upon the reading that this list does not specify that the semi-colon means 'and', 'or' (or and/or)? And that it is intended to be so strictly enforced that satisfying more than one of the criteria listed will be considered differently than just one of them?

I think that interpretation is nuts. Or, if you prefer, too clever by half. A lawyer would chew this up if this was the only issue.

I have no opinion or knowledge of note about the matter otherwise, i.e. whether the suggested approach by the OP is the best route.

 

[Canada sponsorship]

Your interpretation here is dependent upon the reading that this list does not specify that the semi-colon means 'and', 'or' (or and/or)? And that it is intended to be so strictly enforced that satisfying more than one of the criteria listed will be considered differently than just one of them?

I think that interpretation is nuts. Or, if you prefer, too clever by half. A lawyer would chew this up if this was the only issue.

I have no opinion or knowledge of note about the matter otherwise, i.e. whether the suggested approach by the OP is the best route.

I believe the way I interpreted this is that if a person was out of status , they probably worked unauthorized to support themselves as well.
I have seen people in this forum that were out of status for 5+ years and got married and then got approved for PR through spousal sponsorship.
There is no way they did not work unauthorized while being out of status to support themselves.

 

[Canada sponsorship]

Yes, but again it is not clear how IRCC looks upon those (like you) that have `2 strikes against them', per se.

But I already have my status legal now and I currently hold visitor status.
I applied for visitor record restoration and it was approved after my pgwp expired.

 

[Ponga]

Your interpretation here is dependent upon the reading that this list does not specify that the semi-colon means 'and', 'or' (or and/or)? And that it is intended to be so strictly enforced that satisfying more than one of the criteria listed will be considered differently than just one of them?

I think that interpretation is nuts. Or, if you prefer, too clever by half. A lawyer would chew this up if this was the only issue.

I have no opinion or knowledge of note about the matter otherwise, i.e. whether the suggested approach by the OP is the best route.

The semi-colon was my creative way to show the three separate examples of IRCC's forgiveness. Sorry if that eludes your high level of intelligence.

Would you at least agree that it is NOT clear if more than one could be a potential issue?

 

[Ponga]

But I already have my status legal now and I currently hold visitor status.
I applied for visitor record restoration and it was approved after my pgwp expired.

Yet you never mentioned that until now. Even the title of this thread makes one think that you are out of status now. Geez!

 

[Canada sponsorship]

Yet you never mentioned that until now. Even the title of this thread makes one think that you are out of status now. Geez!

Ok I thought I mentioned it in opening post but i see it was very vague, oof sorry about that.
So do you think there will be any implications as I worked unauthorized for 2 months. 1 month after applying for visitor record restoration and 1 month on visitor record once it was approved.
Have not worked unauthorized since and do not plan to until I am authorized.

I did write in my visitor record restoration that my reason to stay in Canada was to spend time with my girlfriend at that time(now wife).

But I did not disclose any information on planning on working unauthorized. I only worked unauthorized after applying for restoration to save up for wedding.

So I am not sure how that will effect my case, but since public policy is in my favor, I plan on disclosing it.
Better safe than sorry
Edit- removed a typo

 

[Canada sponsorship]

The semi-colon was my creative way to show the three separate examples of IRCC's forgiveness. Sorry if that eludes your high level of intelligence.

Would you at least agree that it is NOT clear if more than one could be a potential issue?

I believe it is vaguely phrased examples for "lack of status" but if somebody has been out of status for 5 years and then gets married and applies for spousal sponsorship. I think ircc and applicant know they worked unauthorized during being out of status because you cannot just be out of status for 5 years and not work during that time as you cannot live without income, healthcare, legal benefits for 5 years being out of status

 

[canuck78]

I believe it is vaguely phrased examples for "lack of status" but if somebody has been out of status for 5 years and then gets married and applies for spousal sponsorship. I think ircc and applicant know they worked unauthorized during being out of status because you cannot just be out of status for 5 years and not work during that time as you cannot live without income, healthcare, legal benefits for 5 years being out of status

What was once overlooked may not be overlooked now. How long can you show you were dating before your wedding? Had you lived together before you lost status and for how long? Did either of your families attend the wedding? IRCC is looking for family sponsorship cases where applicants have not had a pathway to PR themselves. They are aware that marriages are being arranged to try and secure status for temporary residents who have not been able to secure PR or a WP on their own.

 

[Canada sponsorship]

What was once overlooked may not be overlooked now. How long can you show you were dating before your wedding? Had you lived together before you lost status and for how long? Did either of your families attend the wedding? IRCC is looking for family sponsorship cases where applicants have not had a pathway to PR themselves. They are aware that marriages are being arranged to try and secure status for temporary residents who have not been able to secure PR or a WP on their own.

We were dating for more than 3 years.
No we did not live together before losing status.
Only started living together few weeks before getting married and after I was approved for visitor record restoration .
Her parents attended the wedding, including her relatives, close friends as well. My parents could not come to our wedding due to visa issues, they wrote letter of support for us and I uploaded that to the PR portal. They attended the event virtually. We plan on celebrating with my parents when we go to visit them some time after I get my work permit. I am very excited for me and my wife to go visit my parents and celebrate with them and also show her my country.