Inland Sponsorship with no status

[canuck_in_uk]

OK, thank you for that information. My fear is just that they will see the departure order and also that he was denied restoration. I'm also fearful that they will find out that he was still working illegally for over a year, we never provided any explanation for any of these in the application neither.

I heard that because he currently does not have a status in Canada he won't be eligible for an OWP while we wait for a decision is this correct?

Thanks again

Lying about it was immigration fraud. He needs to correct that ASAP. IRCC is very forgiving when a person is honest about stuff like illegal work. However, when they catch people in a lie, not so forgiving. He would be given a 5 year ban and deported.

 

[J2dc]

The fact that you did not provide an explanation for any of this on your application is likely going to be what causes you problems. Correct me if I'm wrong, It's been a while since I looked at any of the forms, but I'm pretty sure there were places to disclose this information. Including an entire step in the checklist about his current status in Canada. I dont know how much difference it will make if you disclose it now, but you need to at least make an effort.

To be eligible for an OWP through this program he does need to have current status in Canada, so I believe you are correct that he will likely be denied.

We did the application with a lawyer and nowhere in the application do i recall that we had to put in his current status. Also in regards to him having worked illegally after his permit expired how would they find that out?? And what are the chances of them finding out as well?

 

[J2dc]

Lying about it was immigration fraud. He needs to correct that ASAP. IRCC is very forgiving when a person is honest about stuff like illegal work. However, when they catch people in a lie, not so forgiving. He would be given a 5 year ban and deported.

So are you saying we should call them and advise them of this when the application is already in process? I also have another question, I submitted my 2016 NOA with the application, I didnt submit a most recent one cuz we didnt have it, can this affect the application process at all? We didnt provide explanation neither.

 

[Jnicole45]

We did the application with a lawyer and nowhere in the application do i recall that we had to put in his current status. Also in regards to him having worked illegally after his permit expired how would they find that out?? And what are the chances of them finding out as well?

In the "Supporting Documents for Sponsored Persons (Principal Applicant and all Family Members)" section of the checklist, 1. Identity Documents, Travel Documents, and Passports, the second checkbox in that section says:

"If you (the applicant) are living in Canada, provide proof of your status in Canada (e.g. copy of temporary resident visa, study permit or work
permit, temporary resident permit, including out of status documentation). If you do not have status in Canada, please provide an
explanation on a separate piece of paper, as well a copy of any paperwork you have that is relevant to your status"​

That was where you needed to explain your husband's status.

In their background checks that they WILL do on the applicant (your husband) I imagine working illegally on an expired work permit is something they will find. The old work permit will be in their records (along with the restoration of status denial and the removal order), and tax records for his SIN will show income after his work permit expired. I dont know exactly what they get to dig into when they do their background check, but it's not hard for them that he worked on an expired permit. I'd say the chances of them finding out are very close to 100%.

 

[J2dc]

In the "Supporting Documents for Sponsored Persons (Principal Applicant and all Family Members)" section of the checklist, 1. Identity Documents, Travel Documents, and Passports, the second checkbox in that section says:

"If you (the applicant) are living in Canada, provide proof of your status in Canada (e.g. copy of temporary resident visa, study permit or work
permit, temporary resident permit, including out of status documentation). If you do not have status in Canada, please provide an
explanation on a separate piece of paper, as well a copy of any paperwork you have that is relevant to your status"​

That was where you needed to explain your husband's status.

In their background checks that they WILL do on the applicant (your husband) I imagine working illegally on an expired work permit is something they will find. The old work permit will be in their records (along with the restoration of status denial and the removal order), and tax records for his SIN will show income after his work permit expired. I dont know exactly what they get to dig into when they do their background check, but it's not hard for them that he worked on an expired permit. I'd say the chances of them finding out are very close to 100%.

Thanks for providing that information we really appreciate it. My final question is now that they are able to find info on him working while his permit was expired and he has no status how will this affect his application? What are the chances of this being used as reason for denial? OR can they still approve regardless of this?

 

[scylla]

Thanks for providing that information we really appreciate it. My final question is now that they are able to find info on him working while his permit was expired and he has no status how will this affect his application? What are the chances of this being used as reason for denial? OR can they still approve regardless of this?

The question about how they can find out about his illegal work has already been answered.

All questions in the application have to be answered truthfully, including background information such as work history, etc. If he is not truthful, there is a risk IRCC may refuse him for misrepresentation and ban him from Canada for 5 years. If he wasn't truthful in any parts of the application, he should complete these parts of the application again with accurate information and re-submit them asap.

Short answer: Worst case scenario he will be refused, forced to leave Canada and banned from returning to Canada for 5 years.

 

[Jnicole45]

Thanks for providing that information we really appreciate it. My final question is now that they are able to find info on him working while his permit was expired and he has no status how will this affect his application? What are the chances of this being used as reason for denial? OR can they still approve regardless of this?

I dont think they can use being out of status as a reason for denial, BUT they can use your omittence of information (misrepresentation) as a reason for denial, AND deport your husband and put him under a 5 year exclusion order for working illegally on an expired permit. They could also (but are less likely to) exercise the existing removal order, which means your husband would have to leave and your inland application would be void.

 

[J2dc]

I dont think they can use being out of status as a reason for denial, BUT they can use your omittence of information (misrepresentation) as a reason for denial, AND deport your husband and put him under a 5 year exclusion order for working illegally on an expired permit. They could also (but are less likely to) exercise the existing removal order, which means your husband would have to leave and your inland application would be void.

We honestly didnt purposefully not say anything. Our lawyer never really advised us to write any info about it. I just really hope that they don't refuse our application due to it. Thank you for all the info

 

[scylla]

We honestly didnt purposefully not say anything. Our lawyer never really advised us to write any info about it. I just really hope that they don't refuse our application due to it. Thank you for all the info

IRCC won't care if it was on purpose or not. They also won't care that you worked through a lawyer. They will hold you 100% responsible for ensuring the application is accurate.

If there is any missing or inaccurate information in the application, very strongly recommend you do something about it now.

Obviously your choice.

 

[Jnicole45]

I agree with scylla. I'm sorry that things are going this way, but intentional or not, you weren't 100% truthful and IRCC really hates that. Do what you can to fix the situation, and consider trying to get at least a partial refund from your lawyer. If they knew about your husband's lack of status and did not advise you to do anything about it, then they dont know how to do their job.

 

[J2dc]

I called IRCC and they advised me that our application was returned to us yesterday looks like we just need to wait until we get it back to find out why it was returned? We will definitely be having a stern talking with our lawyer about this as the reason why we got a lawyer was to avoid THIS from happening. Thank you all for the info.

 

[canuck_in_uk]

I called IRCC and they advised me that our application was returned to us yesterday looks like we just need to wait until we get it back to find out why it was returned? We will definitely be having a stern talking with our lawyer about this as the reason why we got a lawyer was to avoid THIS from happening. Thank you all for the info.

Maybe think about ditching the lawyer.

I strongly suggest that you and your husband start going through the entire application package yourselves while waiting for the returned app to arrive. You need to 100% declare everything, including the illegal work.

 

[J2dc]

Maybe think about ditching the lawyer.

I strongly suggest that you and your husband start going through the entire application package yourselves while waiting for the returned app to arrive. You need to 100% declare everything, including the illegal work.

Yes this is exactly what we will be doing. Do you know if we have to pay another fee to resend the application back to them?

 

[Jnicole45]

Yes this is exactly what we will be doing. Do you know if we have to pay another fee to resend the application back to them?

Nope, just correct the reasons they sent it back for, add the information that's missing (husband's status history, illegal work, etc.), and send it back

 

[scylla]

I called IRCC and they advised me that our application was returned to us yesterday looks like we just need to wait until we get it back to find out why it was returned? We will definitely be having a stern talking with our lawyer about this as the reason why we got a lawyer was to avoid THIS from happening. Thank you all for the info.

If it was returned, the application was incomplete.

Ask for a full refund from your lawyer and then do it yourself.