Out of Status/Illegal Work - Spousal Sponsorship/TRP?

[Jsimone86]

Hi I'm new here and looking for advice. I first entered Canada on a student permit in 2005. I was granted 3yrs due to my passport expiring. I renewed for 1yr in 2008. I also had an off campus work permit. In 2008 due to some financial issues I was unable to complete registration though I was technically going to class and working on and off. Despite that I was able to re-register for fall 2009 and had my study permit extended once again for a year. I had to withdraw in the fall of 2009 due to a traumatic medical issue. After that I saught what I believed to be professional help to assist me with my status. I filled out paperwork and eventually received a work permit. I worked full-time and even renewed again with said person. In short I've worked full-time for the past 9yrs. It's now come to my attention that I've been out of status the whole time and this person was fraudulent. I the worked using my actual SIN (which is expired). And have paid taxes from my jobs. I've never filed at tax return as I was told that since I wasn't a PR/Citizen I wasn't entitled to a return. At the end of day this was my fault for trusting the wrong person and not doing my due diligence.

Now that I'm aware. I want to rectify the situation. I know I would have to stop working. I've been with my boyfriend for 7 years, we've lived together for 5years. And we have a 3 year old son together. I have never received any notifications from CBSA or Immigration. I'm not aware of any exclusion or deportation orders. I'm looking for a route where I don't have to leave the country as it's unlikely I would be able to get back in within a reasonable time, if ever. I have a young son so this currently isn't an option.

Has any body been though this? Or have any recommendations? Is TRP or Spousal/Common-Law sponsorship an option?I've already admitted my responsibility in being defrauded so not looking for posts shaming me. I'm looking for potential solutions.

 

[scylla]

Hi I'm new here and looking for advice. I first entered Canada on a student permit in 2005. I was granted 3yrs due to my passport expiring. I renewed for 1yr in 2008. I also had an off campus work permit. In 2008 due to some financial issues I was unable to complete registration though I was technically going to class and working on and off. Despite that I was able to re-register for fall 2009 and had my study permit extended once again for a year. I had to withdraw in the fall of 2009 due to a traumatic medical issue. After that I saught what I believed to be professional help to assist me with my status. I filled out paperwork and eventually received a work permit. I worked full-time and even renewed again with said person. In short I've worked full-time for the past 9yrs. It's now come to my attention that I've been out of status the whole time and this person was fraudulent. I the worked using my actual SIN (which is expired). And have paid taxes from my jobs. I've never filed at tax return as I was told that since I wasn't a PR/Citizen I wasn't entitled to a return. At the end of day this was my fault for trusting the wrong person and not doing my due diligence.

Now that I'm aware. I want to rectify the situation. I know I would have to stop working. I've been with my boyfriend for 7 years, we've lived together for 5years. And we have a 3 year old son together. I have never received any notifications from CBSA or Immigration. I'm not aware of any exclusion or deportation orders. I'm looking for a route where I don't have to leave the country as it's unlikely I would be able to get back in within a reasonable time, if ever. I have a young son so this currently isn't an option.

Has any body been though this? Or have any recommendations? Is TRP or Spousal/Common-Law sponsorship an option?I've already admitted my responsibility in being defrauded so not looking for posts shaming me. I'm looking for potential solutions.

As others have said, stop working immediately to avoid further risks.

Your boyfriend should sposnor you for PR immediately and include an open work permit in the application. It will take a while before you are able to work again but you can remain in Canada.

I assume your boyfriend has declared that he is common law in his last couple of tax returns?

TRP is a bit risky since there's no guarantee of approval and this might just draw attention to the fact you are still in Canada.

 

[Jsimone86]

As others have said, stop working immediately to avoid further risks.

Your boyfriend should sposnor you for PR immediately and include an open work permit in the application. It will take a while before you are able to work again but you can remain in Canada.

I assume your boyfriend has declared that he is common law in his last couple of tax returns?

TRP is a bit risky since there's no guarantee of approval and this might just draw attention to the fact you are still in Canada.

Thanks! Because I was told I'm not entitled to a return. He's filed his tax as single, and I've never filed.

We do have leases and utilities in both of our names. We also have a joint bank account. And our sons birth certificate has both of our

 

[scylla]

Thanks! Because I was told I'm not entitled to a return. He's filed his tax as single, and I've never filed.

We do have leases and utilities in both of our names. We also have a joint bank account. And our sons birth certificate has both of our

The fact he hasn't changed his status to common law on his tax return is a problem. He needs to refile his taxes for the last couple of years as comon law. I would recommend he do this before you apply for PR. You also need to file your taxes. He should have filed as common law even if you thought you weren't eligible to file taxes.

 

[Jsimone86]

The fact he hasn't changed his status to common law on his tax return is a problem. He needs to refile his taxes for the last couple of years as comon law. I would recommend he do this before you apply for PR. You also need to file your taxes. He should have filed as common law even if you thought you weren't eligible to file taxes.

Okay, great to know. Out of curiosity if we didn't do this, what would be the impact on the application?
Also, if the government ended up owing me money would I even get it considering I'm out of status?
Thanks again I really appreciate your help.

 

[Copingwithlife]

As mentioned he wants to do a T1-Adjustment on his tax returns, to include you as common-law, and you want to file your taxes. The CRA mandate is too collect revenue, it is not whether or not you are legal or illegal in the country, that is the IRCC mandate.
Btw, he MUST file as commonlaw if he is commonlaw, it is NOT a choice

https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/personal-address-information/marital-status.html
For you taxes since you have never filed, I am including a link for the VDP-Voluntary Disclosure Program, it is program that you APPLY to the CRA and they will evaluate your situation too see if any leniency can be given on penalties, they do not give leniency on interest or if there is an amount owing.

If you do not file, then the government is not aware if you are eligible for any benefits available

https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/voluntary-disclosures-program-overview.html

 

[scylla]

Okay, great to know. Out of curiosity if we didn't do this, what would be the impact on the application?
Also, if the government ended up owing me money would I even get it considering I'm out of status?
Thanks again I really appreciate your help.

IRCC will often question if a couple is really common law if tax status hasn't been updated. This is regarded as one of the strongest forms of evidence. You need to submit a really solid application given how long you've been here out of status (and the fact you've been working illegally). Again, I would not submit the application until your boyfriend has refiled his taxes and has updated notice of assessments available.

Yes - you could end up owing money. Same goes for your boyfriend once he refiles as common law.

 

[Jsimone86]

As mentioned he wants to do a T1-Adjustment on his tax returns, to include you as common-law, and you want to file your taxes. The CRA mandate is too collect revenue, it is not whether or not you are legal or illegal in the country, that is the IRCC mandate.
For you taxes since you have never filed, I am including a link for the VDP-Voluntary Disclosure Program, it is program that you APPLY to the CRA and they will evaluate your situation too see if any leniency can be given on penalties, they do not give leniency on interest or if there is an amount owing

https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/voluntary-disclosures-program-overview.html

Amazing! I really appreciate the help. Thank you.

 

[Copingwithlife]

Amazing! I really appreciate the help. Thank you.

No Problem there is another program the CRA has, which maybe is not as convoluted as the VDP
It is the RC4288, I have included the link as well. This one is more than likely better suited to your situation. It is more after the fact of filing a return, where you put in detail regarding the reason you are looking for interest/penalty relief. That department does it on a case by case situation
https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/rc4288/rc4288-19e.pdf

On the bottom of the form, you write the reason you are looking for relief, and the address to the specific tax service office that serves the province you are in.
https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/cancel-waive-penalties-interest.html

Don't be nervous or scared, they will assist you and take into account your specific situation

 

[Jsimone86]

No Problem there is another program the CRA has, which maybe is not as convoluted as the VDP
It is the RC4288, I have included the link as well. This one is more than likely better suited to your situation. It is more after the fact of filing a return, where you put in detail regarding the reason you are looking for interest/penalty relief. That department does it on a case by case situation
https://www.canada.ca/content/dam/cra-arc/formspubs/pbg/rc4288/rc4288-19e.pdf

On the bottom of the form, you write the reason you are looking for relief, and the address to the specific tax service office that serves the province you are in.
https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/complaints-disputes/cancel-waive-penalties-interest.html

Don't be nervous or scared, they will assist you and take into account your specific situation

Thank you so much!

 

[Jsimone86]

What are the chances of my PR application approval. We have legitimate proof we are common law; leases, bills, joint bank account and we'll make the recommended tax adjustments. I will be honest and forthcoming about the illegal work. Is there a chance it would be approved? Now that we know we just want to take the right steps and make everything right.

 

[scylla]

What are the chances of my PR application approval. We have legitimate proof we are common law; leases, bills, joint bank account and we'll make the recommended tax adjustments. I will be honest and forthcoming about the illegal work. Is there a chance it would be approved? Now that we know we just want to take the right steps and make everything right.

Yes - there's a very high chance of approval if you do all of the above and put together a solid application.

 

[Jsimone86]

Any recommendations on any thing else we can do to make it a solid application?

 

[scylla]

Any recommendations on any thing else we can do to make it a solid application?

Make sure you read the application guide in detail to ensure you file a complete application. Spend time reading through discussions on this forum (same reason).

 

[Jsimone86]

Make sure you read the application guide in detail to ensure you file a complete application. Spend time reading through discussions on this forum (same reason).

Thank you. I'm considering using an immigration lawyer. Any recommendations?