Does anyone can share any advices on this?

[Pikajun]

I have been dating my boyfriend for around 7 years, but he has been out of status and stayed in Canada for around 3-4 years. I know I have opportunites to spouse him to get a SOW in the past, but we did not do so becuase of some issue which does not matter at this moment. Since the crs score is too high and my PGWP is expiring soon, I have to go back to my hometown to accumulate 1 year of foreniger working experience to get ITA. Here are my two opion if I still want to be with him in the future:

First, I go back to my hometown alone, get invited through Expres Entry, and come back as PR. Then, we can get married together and apply for family spourship application for a out of status spouse.

Second, I can take him back to my hometown and he is able to travel to my country. Then, I register him as my common law spouse, and bring him back to Canada with me as PR.

I do not know which methods is more doable. If I inculde him as my spouse in EE application, how bad will the period that he spent in Canada out of status effect my processing?

 

[scylla]

I have been dating my boyfriend for around 7 years, but he has been out of status and stayed in Canada for around 3-4 years. I know I have opportunites to spouse him to get a SOW in the past, but we did not do so becuase of some issue which does not matter at this moment. Since the crs score is too high and my PGWP is expiring soon, I have to go back to my hometown to accumulate 1 year of foreniger working experience to get ITA. Here are my two opion if I still want to be with him in the future:

First, I go back to my hometown alone, get invited through Expres Entry, and come back as PR. Then, we can get married together and apply for family spourship application for a out of status spouse.

Second, I can take him back to my hometown and he is able to travel to my country. Then, I register him as my common law spouse, and bring him back to Canada with me as PR.

I do not know which methods is more doable. If I inculde him as my spouse in EE application, how bad will the period that he spent in Canada out of status effect my processing?

If you have lived together for one or more years then you are common law and it is mandatory that you include him in your PR application as a common law partner. Assuming you are in fact common law, he needs to leave Canada before you submit your PR application to avoid problems. The fact he is in Canada without status will impact the approval of your PR application. He needs to leave Canada if you are common law. That is the only option.

 

[Pikajun]

If you have lived together for one or more years then you are common law and it is mandatory that you include him in your PR application as a common law partner. Assuming you are in fact common law, he needs to leave Canada before you submit your PR application to avoid problems. The fact he is in Canada without status will impact the approval of your PR application. He needs to leave Canada if you are common law. That is the only option.

Although we have been dating for 7 years, we do not live together. He lives in his friend's basement. However, if he accompanies me back to my hometown, then he will have to live with me. After a year of accumulating work experience and living together, I assume we would be common law outside Canada.

 

[Pikajun]

If you have lived together for one or more years then you are common law and it is mandatory that you include him in your PR application as a common law partner. Assuming you are in fact common law, he needs to leave Canada before you submit your PR application to avoid problems. The fact he is in Canada without status will impact the approval of your PR application. He needs to leave Canada if you are common law. That is the only option.

How badly do you think this fact will impact my PR application? An immediate refusal? or would they ask for reasonable explanations?

 

[scylla]

Although we have been dating for 7 years, we do not live together. He lives in his friend's basement. However, if he accompanies me back to my hometown, then he will have to live with me. After a year of accumulating work experience and living together, I assume we would be common law outside Canada.

It would be better if he left. It's more complications if someone doesn't have status in Canada. So even if you get PR first yourself and the marry him, it's still better if he isn't out of status when you submit the application to sponsor him. That being said, it would be doable to sponsor him if he's out of status. Just generally more complicated with longer processing times and more scrutiny of your relationship and application.

I'm also making the assumption that he has overstayed a work permit or something like that and doesn't have an overstay ties to a failed refugee claim or something more complicated like that.

 

[Pikajun]

It would be better if he left. It's more complications if someone doesn't have status in Canada. So even if you get PR first yourself and the marry him, it's still better if he isn't out of status when you submit the application to sponsor him. That being said, it would be doable to sponsor him if he's out of status. Just generally more complicated with longer processing times and more scrutiny of your relationship and application.

I'm also making the assumption that he has overstayed a work permit or something like that and doesn't have an overstay ties to a failed refugee claim or something more complicated like that.

He overstayed his study permit and he just simply stayed in Canada without any working supported by his best buddies and me. The next thing I really worried about is whether his overstaying will affect my PR application a direct refusal.

 

[scylla]

How badly do you think this fact will impact my PR application? An immediate refusal? or would they ask for reasonable explanations?

If you were common law or married already and you were applying for PR, the application would not be approved. He would be classified as inadmissible since he's in Canada without status which would result in your application being refused.

 

[Pikajun]

If you were common law or married already and you were applying for PR, the application would not be approved. He would be classified as inadmissible since he's in Canada without status which would result in your application being refused.

So, it basically means that I have to apply my PR application alone. Then after I became PR, I would be able to spouse him apply for family spouseship while he is outside Canada after we get married somewhere.

 

[Pikajun]

If you were common law or married already and you were applying for PR, the application would not be approved. He would be classified as inadmissible since he's in Canada without status which would result in your application being refused.

Thank you so much for your advice!

 

[scylla]

So, it basically means that I have to apply my PR application alone. Then after I became PR, I would be able to spouse him apply for family spouseship while he is outside Canada after we get married somewhere.

Yes, that is the best path since you aren't already married or common law. You apply as single. You will need to remain single until after you have officially become a PR. Then you get married. Technically you can sponsor him for PR while he is in Canada without status but this does generally complicate the application. So IMO it's better if he leaves Canada at some point. But your call.

A few things you need to be aware of. Once you are a PR, you must be living in Canada in order to submit the sponsorship application and must continue living primarily in Canada until that application is approved. Also, once he lands and becomes a PR, you will be financiall responsible for him for the next three years.

 

[Pikajun]

Yes, that is the best path since you aren't already married or common law. You apply as single. You will need to remain single until after you have officially become a PR. Then you get married. Technically you can sponsor him for PR while he is in Canada without status but this does generally complicate the application. So IMO it's better if he leaves Canada at some point. But your call.

A few things you need to be aware of. Once you are a PR, you must be living in Canada in order to submit the sponsorship application and must continue living primarily in Canada until that application is approved. Also, once he lands and becomes a PR, you will be financiall responsible for him for the next three years.

I am aware of the requirements of family sponsorship, but will the period of time he overstayed in Canada affect his family sponsorship application as well?

 

[scylla]

I am aware of the requirements of family sponsorship, but will the period of time he overstayed in Canada affect his family sponsorship application as well?

This generally causes IRCC to review the application more closely. So you want to put together a strong application (strong relationship evidence) and be prepared that application processing may take longer. If he's working illegally he should stop. The more violations he has, the more it can cause IRCC to be concerned the relationship isn't genuine. It's certainly not good that he has overstayed this long. It's a pretty significant violation of the terms of his visa. But you know this already and it goes without saying.

 

[Pikajun]

This generally causes IRCC to review the application more closely. So you want to put together a strong application (strong relationship evidence) and be prepared that application processing may take longer. If he's working illegally he should stop. The more violations he has, the more it can cause IRCC to be concerned the relationship isn't genuine. It's certainly not good that he has overstayed this long. It's a pretty significant violation of the terms of his visa. But you know this already and it goes without saying.

yeah, I kind of get that no matter if he stays illegally in Canada or wait outside, we both need to prove our relationship is genius. Do you think we need to include that we have already known and dated each other even before he lost his status in Canada in our love story? Or it is ok to pretend we just fell in love after I became PR?

 

[scylla]

yeah, I kind of get that no matter if he stays illegally in Canada or wait outside, we both need to prove our relationship is genius. Do you think we need to include that we have already known and dated each other even before he lost his status in Canada in our love story? Or it is ok to pretend we just fell in love after I became PR?

Never misrepresent the truth. That's always a very bad idea. Tell the truth.

 

[Pikajun]

Never misrepresent the truth. That's always a very bad idea. Tell the truth.

Thank you so much.