Out of Status - Options For Obtaining Status?

[Jsimone86]

Hi, 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 worked using my actual SIN (which is expired). And have paid taxes from my jobs. I've never filed a 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.

I am aware that the best option is likely spousal/common-law sponsorship. However, my boyfriend is a bit wary of this route as it may have a number of negative tax implications. Are there any other options that I may have that I can file without depending on my boyfriend to sponsor me?

 

[canuck_in_uk]

Hi, 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 worked using my actual SIN (which is expired). And have paid taxes from my jobs. I've never filed a 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.

I am aware that the best option is likely spousal/common-law sponsorship. However, my boyfriend is a bit wary of this route as it may have a number of negative tax implications. Are there any other options that I may have that I can file without depending on my boyfriend to sponsor me?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/out-of-status-illegal-work-spousal-sponsorship-trp.640309/page-2#post-7975856

 

[scylla]

Hi, 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 worked using my actual SIN (which is expired). And have paid taxes from my jobs. I've never filed a 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.

I am aware that the best option is likely spousal/common-law sponsorship. However, my boyfriend is a bit wary of this route as it may have a number of negative tax implications. Are there any other options that I may have that I can file without depending on my boyfriend to sponsor me?

Since you're out of status, the only option is for your boyfriend to sponsor you as a common law partner. You can still be sponsored by your boyfriend if you are out of status in Canada.

All of the other options would require you to qualify on your own as an economic immigrant. However it's not possible to apply through these programs if your are out of status in Canada. So not an option for you.

Your boyfriend sponsoring you is the only option available.

 

[canuck78]

Your boyfriend should have been reporting you both as common law for quite a few years and many of your benefits were dependent on your family income. You both should have been aware that you needed to file your taxes. Puzzled as to how you were working without a valid SIN and not filing taxes for so long. Were you working for cash? Employers should have both been giving you a T4 and reporting your income to CRA Also should point out that you were likely not entitled to medical care for all that time. You really need to be speaking to a lawyer about this since you are dealing with 10 years of living and working without status in Canada. Your boyfriend is correct that there are implications but living without status is not possible either.