Help **Did not declare illegal work experience in background declaration **

[JayGal]

My partner has been without status for about 8 years - prior to this had status as a student for a few years.

He has been working the entire time "under the table".

One of our good friends who is working to be an immigration consultant suggested that we not declare his working experience and so we did not.

On the form "Schedule A Background/Declaration" IMM 5669 we put his work history as "student" (learning english) and "unemployed".

We are beginning to regret this decision as it is quite suspicious to be unemployed and learning English for 10 years.....

They have not yet begun processing our application which was received September 2013.

Please help us and let me know what you think we should do:
A) Leave the application as is and continue to insist that he did not work for the 10 years in Canada
B) Attempt to mail in a change in application (although it will probably make things messy)
C) See what happens and then when we go for the interview and they harass us let them know we lied because he was not working legally and did not think we would be able to put that on the application.

Any advice or similar experiences would be very helpful!!!

 

[Ponga]

Uh...I think you've pretty much painted yourselves into a corner.

Misrepresentation is probably much worse than working illegally, but either way you might want to call an experienced lawyer (most offer a free phone consultation).
The question is...how would CIC know? The simple answer is that they may never know, but...it only takes one person to alert them (by phone, or in an email for example) for them to investigate this matter. If they do find out, even well after your partner has his PR, he would likely lose it!

And, I find that your option C, implies that they will harass you/him if you have an interview.

Wouldn't they have every right to in fact harass your partner...for lying on the application?!

Good luck!

 

[scylla]

Sadly it was horrible advice not to declare the illegal work. Please don't use your friend for advice on any further immigration matters. This person doesn't know what they are doing and shouldn't be assisting people.

At this point it's a hard call what to do. I personally would be most nervous about riding it out and doing nothing. While the chances of being caught may not be too high (frankly, I don't know how high the chances are), if you're caught and the misrepresentation finding is made - that's a two year ban from Canada. And I imagine that would really mess up your lives.

Again, hard call. If you decide to do nothing (i.e. options A or C), your partner should stop working under the table immediately and not start again until legally allowed to work in Canada.

 

[Ponga]

To add even more uncertainty:

CIC defines a person to have a `Lack of Status' (from publication ip08) if they have:

Overstayed as a visitor
or
Studied or worked without authorization.

So, does this mean that even though the OP's partner had in fact worked without authorization, that they could still legally apply with an Inland application, since Inland applicants do not need legal status to apply? If so, perhaps option B is worth considering and hope that it's accepted.

Either way, it's a bad spot to be in for sure!

 

[Alurra71]

My opinion, and this is just what it is, my opinion.

I would stop work immediately. I would then fill out a new background declaration. I would fill in about the 'under the table' job. I would fill in ALL information correctly, accurately, honestly. I would then send this corrected document along with my UCI information and what I have available (UCI should be same for him as it was for his student visa) with a cover letter explaining the situation. I would not lay blame on anyone's feet, but would explain that I thought I was doing the right thing and have come to learn this is not correct and wanted the correct information to be in my file regardless of the outcome. I would also explain that I had since stopped working because I realized it was against the rules, so on and so forth.

I think, in my opinion, that would be your best opportunity to remedy this situation.

Good luck.

 

[tink23]

My opinion, and this is just what it is, my opinion.

I would stop work immediately. I would then fill out a new background declaration. I would fill in about the 'under the table' job. I would fill in ALL information correctly, accurately, honestly. I would then send this corrected document along with my UCI information and what I have available (UCI should be same for him as it was for his student visa) with a cover letter explaining the situation. I would not lay blame on anyone's feet, but would explain that I thought I was doing the right thing and have come to learn this is not correct and wanted the correct information to be in my file regardless of the outcome. I would also explain that I had since stopped working because I realized it was against the rules, so on and so forth.

I think, in my opinion, that would be your best opportunity to remedy this situation.

Good luck.

It would probably look better to confess, however, I think confessing this level of misrepresentation could be detrimental to the application! This wasn't just a couple months, this was 8 years of illegal work, and to leave that huge of a gap and then turn around and say it was a mistake and they were working.... I don't know! Either way it is a very bad situation to have put themselves into!

 

[Alurra71]

It would probably look better to confess, however, I think confessing this level of misrepresentation could be detrimental to the application! This wasn't just a couple months, this was 8 years of illegal work, and to leave that huge of a gap and then turn around and say it was a mistake and they were working.... I don't know! Either way it is a very bad situation to have put themselves into!

It is only misrepresentation if they follow through without saying anything about it. Right now it is only an application with no determinations of findings or even questions.

 

[YYZguy416]

At this point your application already has a red flag: he stayed in Canada as a "student" for 10 years even though he had a study permit for only a few years. How did he study without a study permit for the remaining 7 years?

My partner has been without status for about 8 years - prior to this had status as a student for a few years.

He has been working the entire time "under the table".

One of our good friends who is working to be an immigration consultant suggested that we not declare his working experience and so we did not.

On the form "Schedule A Background/Declaration" IMM 5669 we put his work history as "student" (learning english) and "unemployed".

We are beginning to regret this decision as it is quite suspicious to be unemployed and learning English for 10 years.....

They have not yet begun processing our application which was received September 2013.

Please help us and let me know what you think we should do:
A) Leave the application as is and continue to insist that he did not work for the 10 years in Canada
B) Attempt to mail in a change in application (although it will probably make things messy)
C) See what happens and then when we go for the interview and they harass us let them know we lied because he was not working legally and did not think we would be able to put that on the application.

Any advice or similar experiences would be very helpful!!!

 

[mikeymyke]

I think it will be very easy for them to discover the misrepresentation, because he couldn't have been a student studying English for 8 years on a single study permit/student visa, and how was he supposed to provide for himself for 8 years if he's "unemployed"?

Your friends gave very bad advice, but ultimately it's your partner's fault for doing what he did. Instead of spending 8 years working under the table, he could've just left Canada and re-enter the proper way and he would've become a citizen already by this time. And it's sad because 8 years ago, getting PR was much easier than it is now. He's just really messing things up for you because he might not be able to come Canada at all

 

[inexplored]

To what I understand he hasn't filled for his taxes for all these years as well. Looks bad on your application even more.

If I were in your case, I would wait for the interview or other medium of communication from cic regarding this and be VERY prepared to answer this question. May be file for taxes for all these years (If not done). Quit illegal job as soon as possible. And apply for a work permit and work legally. Good luck, as I see you are at a tuff spot.

 

[mengmeng]

I'm at the same page as you but paid into taxes and used my old SIN.i told the truth in my application as I thought covering a mistake by doing another one is going to make it worse if they find out.hope all goes well for you and me

 

[scylla]

I'm at the same page as you but paid into taxes and used my old SIN.i told the truth in my application as I thought covering a mistake by doing another one is going to make it worse if they find out.hope all goes well for you and me

You're absolutely right - you did the right thing. Illegal work is forgiven in spousal sponsorship applications as long as you declare it.

Not declaring it is where you can land yourself in a heap of trouble.

 

[mahsask]

I'm at the same page as you but paid into taxes and used my old SIN.i told the truth in my application as I thought covering a mistake by doing another one is going to make it worse if they find out.hope all goes well for you and me

I'm at the same page as you but paid into taxes and used my old SIN.i told the truth in my application as I thought covering a mistake by doing another one is going to make it worse if they find out.hope all goes well for you and me

I would love to know how did you application go... did you get approved?

I'm in the same page but I didn't apply yet. I also paid taxes the whole time. but in my previous application (TRV extension) I didn't declare I worked without a permit and this is killing me.. can't sleep or eat.. I'm desperate.
I will be applying for a Spousal sponsorship soon and I wanna say the truth about my work situation but I am scared for the consequences. HELP.

 

[shreecharan]

They didnt ask you for your illegal status....You have already sent in your papers sit back and relax wait for papers to be processed...How will they know you have been working illegally ??Do they have records NO..

You are not under any investigation are you?? NO..

Leave your papers the way they are and relax...i came a cross a case like this back in 2013 she worked as nanny for cash and she didnt declare it,she made it peacefully through

GOOD LUCK

 

[Loveactually]

I was wondering how this application went and was it applied through inland or outland? Also would it be appropriate to start a thread for out of status? No nasty comments as I seem to be getting them