SPonsor Parent Family class who has overstayed

[Nuggar]

Hi,
My husband filed a sponsorship app for his mother a few years ago, while she was here in Canada with us. She remained here all this time and now we got a letter from CIC that the processing has began and they have requested documents IMM008, background declaration, Additional app and fees etc.
Our predicament is that our country had no visa requirements at the time she entered Canada and now we do.
And also we don't know if we should send in application and have her go home and apply for visa.
Or to leave her here while we send in documents requested in the Application- which would have to be truthful disclosure of Current Residence and length of stay in Canada etc.
We really don't know what to do..His Mom has been here to help with the kids and has not been a public charge we have taken cared of all her needs.
Question is do we send in requested information and have her stay ? (wait for decision from CIC)
Or just leave now before sending in the requested information and forms? what can we do ?

 

[scylla]

Regardless of what you do, you need to be 100% honest about her overstay in the background declaration. It won't be that difficult for CIC to find out. If you haven't been truthful and they find out, this would most likely result in a refusal and a 2 year ban from Canada for misrepresentation.

If she tries returning home and applying for a visa now, it will be refused due to the overstay.

If she decides to remain in Canada, she needs to leave if she ever receives a letter from immigration telling her to go. You don't want to end up with a deportation order on your hands - or that will increase the amount of paperwork and wait time even further.

Note that she has also engaged in illegal work by helping with the kids. It doesn't matter whether she was paid or not - it's still illegal work. You must declare this in the background declaration as well.

 

[keesio]

Note that she has also engaged in illegal work by helping with the kids. It doesn't matter whether she was paid or not - it's still illegal work. You must declare this in the background declaration as well.

Wha? It is illegal for a grandparent to watch her own grandkids and help take care of them??? i know the whole "visitors can't work" thing but this seems a bit too much. Basically any relative that comes over to visit family and then helps out while they are here is breaking the law?

 

[scylla]

Wha? It is illegal for a grandparent to watch her own grandkids and help take care of them??? i know the whole "visitors can't work" thing but this seems a bit too much. Basically any relative that comes over to visit family and then helps out while they are here is breaking the law?

If the grandparent is watching the children while the parents are at work while here on a visitor visa - especially for prolonged periods of time (years in this case) - CIC will view this as illegal work.

 

[mikeymyke]

Yes because CIC would assume that the parents could've hired a Canadian babysitter, nanny, or daycare for their children, so they would deem it as illegal work.

 

[Rob_TO]

Parents coming over on supervisa for several years at a time to help raise their grand kids happens all the time. I don't think I've EVER seen a case where CIC/CBSA has gone after grandparents here on valid visitor status, watching their own family members.

Only cases I've seen for illegal babysitting, is when it involves people applying for PR, or people here with no status.

 

[andy_7830]

I am not aware, law being illegal to take care with no pay your grandkids or relatives on visitor visa.

Andy

 

[Nuggar]

Thanks for ALL your input. I appreciate it. Will keep you posted.
Thanks scylla.

 

[Alurra71]

Parents coming over on supervisa for several years at a time to help raise their grand kids happens all the time. I don't think I've EVER seen a case where CIC/CBSA has gone after grandparents here on valid visitor status, watching their own family members.

Only cases I've seen for illegal babysitting, is when it involves people applying for PR, or people here with no status.

Gramma has overstayed her visa by a couple of years. I think that qualifies as 'no status' She didn't arrive on a supervisa.

 

[truesmile]

Parents coming over on supervisa for several years at a time to help raise their grand kids happens all the time. I don't think I've EVER seen a case where CIC/CBSA has gone after grandparents here on valid visitor status, watching their own family members.

Only cases I've seen for illegal babysitting, is when it involves people applying for PR, or people here with no status.

Agree 100%. Do NOT declare this as "work".

 

[Rob_TO]

Gramma has overstayed her visa by a couple of years. I think that qualifies as 'no status' She didn't arrive on a supervisa.

Right, I was speaking in general terms for people here with legal status (regular visitor or super visa).

It's when people have overstayed or have submitted PR apps in process... where CIC will most likely investigate this type of illegal babysitting "work".

The OP's mom-in-law will need to disclose the overstay in Canada with no status, which may or may not cause issues or delays in the PR app. While the overstay is mandatory to disclose, I wouldn't be volunteering the info that she was babysitting or looking after kids while here illegally as that could only make the situation worse.

 

[xza55]

Hi,
My husband filed a sponsorship app for his mother a few years ago, while she was here in Canada with us. She remained here all this time and now we got a letter from CIC that the processing has began and they have requested documents IMM008, background declaration, Additional app and fees etc.
Our predicament is that our country had no visa requirements at the time she entered Canada and now we do.
And also we don't know if we should send in application and have her go home and apply for visa.
Or to leave her here while we send in documents requested in the Application- which would have to be truthful disclosure of Current Residence and length of stay in Canada etc.
We really don't know what to do..His Mom has been here to help with the kids and has not been a public charge we have taken cared of all her needs.
Question is do we send in requested information and have her stay ? (wait for decision from CIC)
Or just leave now before sending in the requested information and forms? what can we do ?

Hello, did you eventually got an approval? I'm on the same boat, so panic, very appreciate for your reply. Thank you

 

[YVR123]

Hello, did you eventually got an approval? I'm on the same boat, so panic, very appreciate for your reply. Thank you

OP hasn't posted since 2014. I doubt you will see a reply.
What EXACTLY is your situation? It cannot be the same?
e.g entered with visa exempt passport and just stayed illegally for a few years. And work as a child sitter/childcare illegally.

I am sure the IMM008 was part of the more current PGP applications. Applications would have been returned as incomplete if it wasn't icluded. It's not something that's requested after the porcess started.
When did you send in the PGP application?

Update: I saw your posts on PGP 2021. So how could your case be the same? Your husband's mother illegal status would have been disclosed in the submitted forms.

 

[canuck78]

Processing times are around 3 years. How long has she been overstaying and is she planning on overstaying until she gets PR? Her application brings her illegal status to the attention of IRCC.

 

[Hummingbird89]

If the grandparent is watching the children while the parents are at work while here on a visitor visa - especially for prolonged periods of time (years in this case) - CIC will view this as illegal work.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/report-on-super-visa-income-requirement-appeal-process-special-circumstances-temp-resident-visas.html#toc-0

Grandparents assisting with childcare is encouraged.