Inland Sponsorship with no status

[J2dc]

Hi guys,

I have been getting lots of mixed information about sponsoring someone in Canada who has no status. I married my husband last October. He has had no status in Canada for about 3 years now. He came into Canada as a student, graduated and then worked on a work permit. However his permit expired. He never updated it and it wasn't till a year later he applied for restoration which they denied and a deportation order was sent. We submitted our spousal application this past May, and so far it is now in process for my eligibility to be a sponsor. I am just wondering would Immigration Canada look at the fact and see that he was denied restoration, and is in Canada with no status. Would they also see that he had a deportation order?

My second question is when we applied, at the time I was pregnant. Unfortunately after we submitted our application we lost the baby. Can you advise if immigration will verify the details to my pregnancy or ask for ore information on it?

All responses are welcome thank you!!!

 

[21Goose]

Being out of status is not a bar to a spousal sponsorship. Here's the official statement:

A public policy also covers spouses and common-law partners who will be assessed for permanent residence even if they have no legal immigration status in Canada. Before applying, your spouse or common-law partner in Canada must resolve any other situation that made them inadmissible.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#eligibility

Yes, they will see that he has a deportation order, but that will not be an issue. However, they must not be inadmissible for any other reason (criminality is the most common).

Sorry to hear about your losing your baby. As far as I know they will not ask about that since it's not in any way connected to your application. Being pregnant/having a baby together doesn't make someone eligible if they are otherwise going to be denied.

 

[Jnicole45]

There are two potential issues here.

Did he continue to work on the expired work permit?

Was it specifically a Deportation Order or some other type of removal order? What happened with the removal order? Is it still in place? Here's some legal info on those to reference

 

[canuck_in_uk]

Hi guys,

I have been getting lots of mixed information about sponsoring someone in Canada who has no status. I married my husband last October. He has had no status in Canada for about 3 years now. He came into Canada as a student, graduated and then worked on a work permit. However his permit expired. He never updated it and it wasn't till a year later he applied for restoration which they denied and a deportation order was sent. We submitted our spousal application this past May, and so far it is now in process for my eligibility to be a sponsor. I am just wondering would Immigration Canada look at the fact and see that he was denied restoration, and is in Canada with no status. Would they also see that he had a deportation order?

My second question is when we applied, at the time I was pregnant. Unfortunately after we submitted our application we lost the baby. Can you advise if immigration will verify the details to my pregnancy or ask for ore information on it?

All responses are welcome thank you!!!

Note that while CBSA generally defers deportation order enforcement when a sponsorship app is in process, there is no guarantee. He can still be removed while the PR app is processing.

 

[21Goose]

Note that while CBSA generally defers deportation order enforcement when a sponsorship app is in process, there is no guarantee. He can still be removed while the PR app is processing.

This is true. However, he can still get sponsored while he's out and return eventually. His sponsorship won't be rejected just because he's been deported for overstaying.

 

[J2dc]

There are two potential issues here.

Did he continue to work on the expired work permit?

Was it specifically a Deportation Order or some other type of removal order? What happened with the removal order? Is it still in place? Here's some legal info on those to reference

Yes he did continue to work for about a year and a half till his work advised him he needed a new work permit to continue to work. Which is when he applied for restoration and they denied. From my understanding it was a deportation order which asked him to leave the country in like 30-45 days something like that.

Also if he did work while his work permit was expired how would immigration know this? Do they have a way of finding out? He no longer works there now because he wasn't able to regain status.

 

[canuck_in_uk]

This is true. However, he can still get sponsored while he's out and return eventually. His sponsorship won't be rejected just because he's been deported for overstaying.

The deportation order is not a reason for refusal. However, the app would be refused if they applied inland and he is deported. They would then have to apply outland.

 

[scylla]

Yes he did continue to work for about a year and a half till his work advised him he needed a new work permit to continue to work. Which is when he applied for restoration and they denied. From my understanding it was a deportation order which asked him to leave the country in like 30-45 days something like that.

Also if he did work while his work permit was expired how would immigration know this? Do they have a way of finding out? He no longer works there now because he wasn't able to regain status.

Assume IRCC can find out about anything and everything. It's typically not that hard to find out about the illegal work in this scenario since his employer would have most likely continued to record him as working for them under his SIN.

As long as he declares the illegal work in his application and is truthful about this, it shouldn't be an issue in the application. However you do want to make sure you put together a very strong application from a proof of relationship perspective. When someone has remained in Canada beyond their allowed visit, worked illegally for a significant period of time and ignored a departure/deportation order, IRCC tends to examine the application much more closely to ensure it's not a marriage of convenience.

 

[canuck_in_uk]

Yes he did continue to work for about a year and a half till his work advised him he needed a new work permit to continue to work. Which is when he applied for restoration and they denied. From my understanding it was a deportation order which asked him to leave the country in like 30-45 days something like that.

Also if he did work while his work permit was expired how would immigration know this? Do they have a way of finding out? He no longer works there now because he wasn't able to regain status.

Yes, they can find out. If he didn't declare the illegal work in the PR app, he has committed immigration fraud and can expect a refusal and 5 year ban if found out.

 

[Jnicole45]

Yes he did continue to work for about a year and a half till his work advised him he needed a new work permit to continue to work. Which is when he applied for restoration and they denied. From my understanding it was a deportation order which asked him to leave the country in like 30-45 days something like that.

Also if he did work while his work permit was expired how would immigration know this? Do they have a way of finding out? He no longer works there now because he wasn't able to regain status.

So it sounds like it was a Departure Order because of the 30 day limit, but if he didn't leave it would become a Deportation Order. Like others have said, it's not an automatic disqualifier, but the could choose to exercise the order at any time. And especially if none of this information was included in your application (I know that's a big assumption here but I'm just trying to give you worst case scenario) then it becomes a big misrepresentation/fraud issue which could compound into bigger issues overall.

Assume Immigration knows or can find out everything about your life in Canada, especially when it pertains to working while on a work permit.

 

[21Goose]

The deportation order is not a reason for refusal. However, the app would be refused if they applied inland and he is deported. They would then have to apply outland.

So as long as he isn't physically deported, the inland application would proceed. But if he leaves Canada voluntarily, or is deported, then the inland application would be refused, but an outland application would work (assuming all the other factors for refusal don't apply).

Thanks, that makes sense and clears it up for me.

 

[J2dc]

So it sounds like it was a Departure Order because of the 30 day limit, but if he didn't leave it would become a Deportation Order. Like others have said, it's not an automatic disqualifier, but the could choose to exercise the order at any time. And especially if none of this information was included in your application (I know that's a big assumption here but I'm just trying to give you worst case scenario) then it becomes a big misrepresentation/fraud issue which could compound into bigger issues overall.

Assume Immigration knows or can find out everything about your life in Canada, especially when it pertains to working while on a work permit.

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

 

[scylla]

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

If he failed to declare the illegal work in his PR application, he needs to correct that asap. IRCC could make a misrepresentation finding which would put him at risk for a 5 year ban from Canada and place you in even a worse situation than you are now.

Correct - he won't benefit from the OWP pilot which grants the work permit four months after an individual applies since he is out of stage. He will have to wait until AIP to qualify. Given his history, it's quite possible his application may be transferred to the Etobicoke office for further review without AIP which would prolong the wait and time spent without being able to work.

 

[Jnicole45]

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

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.

 

[canuck_in_uk]

So as long as he isn't physically deported, the inland application would proceed. But if he leaves Canada voluntarily, or is deported, then the inland application would be refused, but an outland application would work (assuming all the other factors for refusal don't apply).

Thanks, that makes sense and clears it up for me.

Yes. If he leaves or is deported with an inland app in process, he would no longer meet the inland cohabitation requirement and would not be able to get a TRV to return for the landing interview.