How screwed are we?

[liv2]

Over a year ago my husband worked under the table in Canada. He had a work permit but his boss didn't want to go through the processes involved in hiring a foreigner or maybe he wanted to avoid taxes or whatever his reasons, he would not hire him above board.

That job is relevant to our application and cannot be merely left off.

How will his history of working under the table affect our application?

(This is a more concise version of an earlier post that got no replies)

 

[Decoy24601]

I don't think it was lack of concision that was the reason why your post didn't get replies. You posted it less than an hour ago. Usually it takes a fair amount of time for people to reply.

I'm personally unsure of how exactly it will effect your application.

 

[scylla]

We need more information (crystal ball not working today). How are you applying for PR? Are you applying as economic immigrants together? If so, under which program? Or is this a spousal sponsorship application? Or something else?

 

[scylla]

I don't think it was lack of concision that was the reason why your post didn't get replies. You posted it less than an hour ago. Usually it takes a fair amount of time for people to reply.

Yeah - your expectations are unrealistic if you want advice on a free forum. For immediate answers - please hire an immigration consultant or lawyer. Otherwise be prepared to wait and please don't double post.

 

[liv2]

We need more information (crystal ball not working today). How are you applying for PR? Are you applying as economic immigrants together? If so, under which program? Or is this a spousal sponsorship application? Or something else?

Here was the original post...

Hi everyone!

I'm Canadian, my husband is Argentinian. We met in Vancouver when he was there a few years ago on a study/work visa. We met while working at the same school, however, he was working under the table. While he did have a visa that would allow him to work our boss didn't want to go through the work to hire him legally (proving there was no Canadian who could perform his job, taxes, etc.) and registered him as a student at the school instead (complete with certificates and everything).

Now we're applying for his PR (outland) and are faced with how to explain this in our application. If the school wasn't a large part of the story of how we met, I'd avoid mentioning it at all, saying only that we met while he was there on a study/work permit. However, we connected because of work events.

While I know it's what our ex-employer would prefer, I'm not comfortable stating that we met while he was a student. Even though we have documents to support that lie, it's still a lie and I don't want to be guilty of misrepresentation as they would surely refuse our application.

What I want to know is...
1) if we say he was working there, how likely are they to check into that (and how: school's records, CRA's records)?
2) what will the consequences be if they take issue with the fact that he worked under the table (over 1 year ago) - mainly: could this delay our application or worse, have it refused?

Thanks in advance for any help you can offer!
-Liv

 

[Galano1213]

If you have ever worked in Canada illegally, your application may be refused.

 

[ImABule]

If you have ever worked in Canada illegally, your application may be refused.

Wrong.

Illegal work in Canada is usually forgiven in a spousal sponsorship application.

Not declaring it, and having CIC find out is what will have the application refused.

 

[ImABule]

Here was the original post...

Hi everyone!

I'm Canadian, my husband is Argentinian. We met in Vancouver when he was there a few years ago on a study/work visa. We met while working at the same school, however, he was working under the table. While he did have a visa that would allow him to work our boss didn't want to go through the work to hire him legally (proving there was no Canadian who could perform his job, taxes, etc.) and registered him as a student at the school instead (complete with certificates and everything).

Now we're applying for his PR (outland) and are faced with how to explain this in our application. If the school wasn't a large part of the story of how we met, I'd avoid mentioning it at all, saying only that we met while he was there on a study/work permit. However, we connected because of work events.

While I know it's what our ex-employer would prefer, I'm not comfortable stating that we met while he was a student. Even though we have documents to support that lie, it's still a lie and I don't want to be guilty of misrepresentation as they would surely refuse our application.

What I want to know is...
1) if we say he was working there, how likely are they to check into that (and how: school's records, CRA's records)?
2) what will the consequences be if they take issue with the fact that he worked under the table (over 1 year ago) - mainly: could this delay our application or worse, have it refused?

Thanks in advance for any help you can offer!
-Liv

Be completely honest.

Don't say he was working and fail to mention he was doing so illegally.

 

[Mightytonewheel]

Your husband's former employer cannot force someone to work under the table. It was your husband's responsibility -- not his employer's responsibility -- to report his income to CRA and pay taxes on it. If he had a work visa, he must have been authorized to work -- so I'm presuming that the real problem is that he didn't report his income. Right?

If that's the case, you're basically asking the board for advice about how to conceal a previous misrepresentation. I don't think that's a fair question to ask. Most of us have to wait quite awhile for our applications to be approved, and the main reason for the wait is that CIC needs human to review each application, looking for lies, fraud and misrepresentations.

My strong suggestion is that he file back taxes and declare income for the years that he worked. CRA allows you to file taxes years after you were supposed to. (If the employer failed to do his duty, that's his problem.) Then, when you file your application, truthfully explain that you met through work (which he was authorized to do, right?).

Whatever you do, don't lie on your application. If you do, and you're caught, your application refusal (and the reason for it) will not only be a part of your immigration record, it will also made available to other countries. Does that sound fun?

 

[liv2]

Your husband's former employer cannot force someone to work under the table. It was your husband's responsibility -- not his employer's responsibility -- to report his income to CRA and pay taxes on it. If he had a work visa, he must have been authorized to work -- so I'm presuming that the real problem is that he didn't report his income. Right?

If that's the case, you're basically asking the board for advice about how to conceal a previous misrepresentation. I don't think that's a fair question to ask. Most of us have to wait quite awhile for our applications to be approved, and the main reason for the wait is that CIC needs human to review each application, looking for lies, fraud and misrepresentations.

My strong suggestion is that he file back taxes and declare income for the years that he worked. CRA allows you to file taxes years after you were supposed to. (If the employer failed to do his duty, that's his problem.) Then, when you file your application, truthfully explain that you met through work (which he was authorized to do, right?).

Whatever you do, don't lie on your application. If you do, and you're caught, your application refusal (and the reason for it) will not only be a part of your immigration record, it will also made available to other countries. Does that sound fun?

Of course he couldn't have been forced to work under the table - he went to Canada with the promise that everything was above board and only after arriving in Canada was it made clear to him that his boss wanted him to work under the table. And it was my husband's decision to go along with that. I'm not defending what he did and I'm absolutely not trying to conceal it!

I'm here to find out what the consequences will be when we submit our application disclosing that illegal activity. And of course if there is anything we can do/submit along with the application to lessen those consequences or make dealing with them faster and easier.

I appreciate you advice about filing back taxes and will look into that.

Wrong.

Illegal work in Canada is usually forgiven in a spousal sponsorship application.

Not declaring it, and having CIC find out is what will have the application refused.

Thank you! This is comforting!
Do you know under what circumstances it is not forgiven? Is it something that guidelines exist for, or is it solely up to the discretion of the immigration officer?

 

[CANzanillo]

I would agree with Mightyonewheel on this. Great advice! Do the right thing, file the back taxes on the income, then you can readily show that despite the circumstances, you did the right thing.

 

[Mightytonewheel]

Of course he couldn't have been forced to work under the table - he went to Canada with the promise that everything was above board and only after arriving in Canada was it made clear to him that his boss wanted him to work under the table.

I'm still not sure you're asking us what he would have to be forgiven for. Was he legally authorized to work for this employer, or not?

It doesn't make any sense to say that he was working under the table. That simply means that his employer paid him cash and he did not report his income to CRA. There's nothing wrong with working for cash, as long as you report it and file your taxes. When you say "under the table", you mean that he was not authorized to work, that's another matter.

 

[Ponga]

Over a year ago my husband worked under the table in Canada. He had a work permit but his boss didn't want to go through the processes involved in hiring a foreigner or maybe he wanted to avoid taxes or whatever his reasons, he would not hire him above board.

Was your husband holding a closed work permit? Is that why his employer didn't want to go through the LMIA process?

If so, that means that he did work without authorization.

 

[mega_option101]

I'm still not sure you're asking us what he would have to be forgiven for. Was he legally authorized to work for this employer, or not?

It doesn't make any sense to say that he was working under the table. That simply means that his employer paid him cash and he did not report his income to CRA. There's nothing wrong with working for cash, as long as you report it and file your taxes. When you say "under the table", you mean that he was not authorized to work, that's another matter.

Correct - as long as he is declaring taxes to the CRA on the income that he made (there is nothing wrong with this).

 

[ImABule]

Correct - as long as he is declaring taxes to the CRA on the income that he made (there is nothing wrong with this).

Provided he was allowed to work, as Ponga pointed out.