boyfriend needs to work!

[Bluesky2010]

My boyfriend and I will be applying for his permanent residency in July. We will have been living together for one year then. I am a Canadian citizen. I'm not entirely sure how to proceed. He entered Canada legally 2 years ago on a 6 month student visa. He then renewed his visitor visa for 3 months and then let the visa lapse due to money issues and since he always thought he'd soon be returning home to Mexico. Then we met about a year and a half ago, moved in together and now we're applying for his PR. He has been working illegally here for almost the entire time he's been here.

INLAND
We would like to apply inland since we don't want to be separated under any circumstances. I am starting my Masters in the fall and it wouldn't be possible for me to go with him to Mexico to wait for his PR. We're filling out our applications now and i'm stuck on what to put for work history on his Schedule 1. Do we declare that he has been and is continuing to work illegally? I'd like to say he can stop working while we wait for his PR but it's just not realistic. What happens if immigration sees he's been working illegally?

OUTLAND
I know outland is faster but what could happen if he continues to work here illegally while we're waiting? Are there penalties? Will he be deported or have to get a nasty ARC?

Also, our local office is Vancouver. I asked them how long the wait for scheduling an interview was and they said 2 months. can anyone verify that? There were pretty vague about all the questions i asked them.

thanks for your help!

 

[CBIS]

He is now here illegally and working illegally?He has to leave here and hope he does not get caught.Then you can apply outland.
But what you are doing now is illegal.And asking us if we can find a way for him to stay with you is not going to happen.
It is hard for them to find him as they have to check his visa then request to see if he has left,almost impossible.But if someone reports him at anytime,then you just created more problems than you want,tell him to go to Mexico and apply outland.

 

[angelbrat]

Firstly I would try to restore his status in Canada to make him legal. He can do this by leaving Canada for Mexico and applying for a TRV from Mexico and come back to Canada.

Start the process Inland making sure that the OWP is included in the application. If he must continue to work illegally then so be it, but it is risky. Once first stage approval is granted then he gets an OWP.

Make sure you have proof of your relationship etc....read other threads here.....you are in a sticky situation but not impossible.

 

[Bluesky2010]

Thank you for your replies.

I don't think we can restore his status. You now require a visa to enter Canada from Mexico that requires he live in Mexico for at least 3 months before applying. And we're not confident that he would get a visitor visa. As i mentioned we really don't want to be apart so that's not our first choice.

Does anyone know what he should write under work history for his time here in Canada on his schedule 1?

Anyone know what happens if immigration finds out that he's working?

 

[heatherusa]

Thank you for your replies.

I don't think we can restore his status. You now require a visa to enter Canada from Mexico that requires he live in Mexico for at least 3 months before applying. And we're not confident that he would get a visitor visa. As i mentioned we really don't want to be apart so that's not our first choice.

Does anyone know what he should write under work history for his time here in Canada on his schedule 1?

Anyone know what happens if immigration finds out that he's working?

Are you applying to extend his status? This is what the guide says about applicants In Canada Class

"You must have legal temporary resident status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary resident status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit."


This is where I found this. I have no idea one way or the other but I was just reading about this stuff this afternoon and remembered it.

http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

 

[Bluesky2010]

Hi Heather, We are not applying to extend his status. He has overstayed past that possibility. There is a public policy that creates an exception for spouses or common-law. This is from the FAQ section of the CIC website.

If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?

Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada.

So i know it's possible to apply. I just don't know what happens if he continues to work after we apply... Can anybody help me out? I really confused about what to write on the schedule 1.

 

[justina]

There are provisions for him to stay here as you apply inland, but he will no longer be allowed to work until the PR has gone through first stage approval and he is given an open work permit. Basically, you will have to support him.

He must list every job he has worked at illegally. Lying on applications can have serious consequences - if he doesn't list them, then how has he survived here? Results vary depending who you talk to. Some people just get a scolding for having worked illegally, some have to pay a fine ( i think its some tax) on money they have earned. But if he is caught working illegally while the application is in process, they will throw out the application and deport him.

Best thing to do is consult a lawyer. Take all your paperwork, as completed as you can have it, and bring a list of questions to ask the lawyer so you don't have to pay too much!

 

[Bluesky2010]

Thank you Justina for your reply. I see that I was your first post and i really appreciate you taking the time to write.

We have a lot to think about. I don't know what we're going to do.

Any idea what would happen if we apply outside and immigration finds out he's living and working here? He'll be given a departure order right? What are the consequences associated with that?

 

[iarblue]

Hey Bluesky.
You can apply outland but the visa office will be mexico city.And if he is required for an interview will have to go there.And if they do catch him here illegaly it will be a refusal on his app,then he can not apply for two years,and then will need to apply for an ARC which sometime can take a very long time to get approved.
I know you do not want to be appart,and feel your pain in this,but if you really want to be together forever and as soon as possible,then in both your best interests,he should return to mexico and apply outland.
Unless there was a way he could leave apply for a new visitors visa from outside,get approved come back and apply inland.Then he can apply for a workers visa at the same time you apply for the sponsorship.
Either way he is going to have to leave to do this.
Someone else can confirm this but even the visitors visa i believe has to be approved through Mexico city.
Good luck in what ever you choose to do.

 

[Bluesky2010]

Are you sure that the application would be automatically rejected if we apply outside and he is found working here? If know if he leaves the country when we apply outside the application continues. I'm not sure if it still continues if he leaves when he's asked to leave but I'm fairly sure that i've heard of cases where people have applied for and gotten PR while outside and then also had to obtain an ARC to return to Canada. I assume that's because they were asked to leave before they got their PR.

Also, some people say ARC's are very hard to get, but one guy said he was asked to pay a $400 fine to return to Canada. Anyone else heard of that?

 

[iarblue]

Well if he is asked to leave or they deport him and he wants to apply,he will have to wait the two years,then apply for the ARC and he will have to pay the $400 plus the plane flight they sent him on.
And im not exactly what they will do if he has an app in and they find him working here ilegal.
Do you really want to take the chance to find out?
All you can do i guess is apply outland and hope he doesnt require an interview,and hope he does not get caught working here,and being here ilegal.
As to applying inland,he has to be in legal status.
just my opinnion,maybe someone else has more info or knows how you can slide by.
Good luck always hope the best.

 

[iarblue]

iii. New and Pending Spouse or Common-law Partner in Canada class
applications
For applicants in status, applications should be assessed using normal procedures in IP2 and
IP8. For applicants out of status, if the only issue preventing acceptance of the case is the
applicant’s lack of status:
• Assess using normal procedures in IP2 and IP8.
• If the applicant meets all other requirements of the Spouse or Common-law Partner in
Canada class, their requirements for status and the inadmissibility related to the lack of status
is waived by this public policy under A25.
• If these applicants are refused for not meeting the requirements of the Spouse or Commonlaw
Partner in Canada class, they are not entitled to a reassessment on H&C grounds, but
may reapply for H&C consideration.

 

[iarblue]

So why dont you try applying inland and apply for a workers permit at the sametime which will make him legal to work here.Once you apply and meet all the requirements of the common law,as it states above if the only thing is he is out of status they will still do the process.So until July collect all the evidence you can to support your common law relationship,in July apply.

 

[Sierradesperado]

My boyfriend is the same situation. DO NOT SAY HE IS WORKING! But, make him stop now cause if he gets caught you are screwed. I have talked to 2 laywers about my boyfriend being out of status. It is NOT illegal for your boyfriend to be out of status if you are in a common law or married relationship.

Thank a stripper in Ontario who was dating a friend of politition who made this possible. It is a true story and that is how the legislation got passed. Just send off your application and attach a sticky note or letter stating his last entry and that he is out of status. They will know he is and go from there. If they know he has been working though they may deny him though cause that is illegal.

 

[sbwv09]

It is NOT illegal for your boyfriend to be out of status if you are in a common law or married relationship.

I'm not sure about that.. I have heard of several cases where husbands/wives have been deported. I don't know if they were in the PR process yet but they were certainly out of status and were ordered to leave Canada. A wife of my husband's friend got a deportation order not long ago.