inland spousal app - letter of explanation

[soosoo1194]

Hi there,

I had my consultation with a lawyer regarding my fiance's situation. (honestly, felt very salesy for me, as she evaded these questions unless I proceeded with her services)

Fiance has been out of statuss since 2017, and we are planning to get married upcoming Feb., so I am slowly preparing things I need.
Three main things I would like to ask from previous applicants:

1. I realize I need to write a letter of explanation regarding his lack of status. (Any tips from previous applicants?)
2. would it be to our advantage to disclose his work since 2017? Or would it be better to disclose it as unemployed?
3. background check is required for applicant that has resided anywhere for at least 6 months.... would this process be safe for my fiance after we received AIP?

Any other experiences/tips would be appreciated!

thank you

 

[Jazzed]

Hi there,

I had my consultation with a lawyer regarding my fiance's situation. (honestly, felt very salesy for me, as she evaded these questions unless I proceeded with her services)

Fiance has been out of statuss since 2017, and we are planning to get married upcoming Feb., so I am slowly preparing things I need.
Three main things I would like to ask from previous applicants:

1. I realize I need to write a letter of explanation regarding his lack of status. (Any tips from previous applicants?)
2. would it be to our advantage to disclose his work since 2017? Or would it be better to disclose it as unemployed?
3. background check is required for applicant that has resided anywhere for at least 6 months.... would this process be safe for my fiance after we received AIP?

Any other experiences/tips would be appreciated!

thank you

1. Letter of explanation for breaking the law...not really sure why this would be done. Nor do I think IRCC cares. The public policy exists for these situation and they will follow it regardless of your reasons.

Right now the policy is in your favor.

2. If he has worked tell the truth. The application is very much like a truth test. If it is found out he worked and it wasn't declared on the Application things only go down hill from there.

3. He is out of status so once your application is submitted to IRCC your fiance isn't *safe* until a final decision is made to grant PR.

 

[scylla]

Hi there,

I had my consultation with a lawyer regarding my fiance's situation. (honestly, felt very salesy for me, as she evaded these questions unless I proceeded with her services)

Fiance has been out of statuss since 2017, and we are planning to get married upcoming Feb., so I am slowly preparing things I need.
Three main things I would like to ask from previous applicants:

1. I realize I need to write a letter of explanation regarding his lack of status. (Any tips from previous applicants?)
2. would it be to our advantage to disclose his work since 2017? Or would it be better to disclose it as unemployed?
3. background check is required for applicant that has resided anywhere for at least 6 months.... would this process be safe for my fiance after we received AIP?

Any other experiences/tips would be appreciated!

thank you

1. Hard to comment without knowing the details of the situation. But as a general rule, be honest about what happened and take responsibility.
2. See above. Important to be honest / truthful in the application. Lying generally creates more problems than it solves.
3. I'm not sure what you mean by "would this process be safe".

 

[Ponga]

As mentioned, even with the Public Policy in place for those without legal status, it is NOT a guarantee. Until he receives AIP (Approval in Principle) he needs to be aware (but not overly paranoid).

I echo @scylla's recommendations. Writing a letter acknowledging the overstay and taking responsibility, would be a nice gesture. After all, Canada is basically forgiving the fact that he is now in Canada without authorization and allowing his to apply for sponsorship. Pretty generous, IMHO.

 

[soosoo1194]

Yes,

When I had the lawyer consultation, she mentioned to be truthful, but there was a « way » that she would write it…
So im not sure if by a “specific way” she means by attaching some sort of affidavit or anything else…

As mentioned, even with the Public Policy in place for those without legal status, it is NOT a guarantee. Until he receives AIP (Approval in Principle) he needs to be aware (but not overly paranoid).

I echo @scylla's recommendations. Writing a letter acknowledging the overstay and taking responsibility, would be a nice gesture. After all, Canada is basically forgiving the fact that he is now in Canada without authorization and allowing his to apply for sponsorship. Pretty generous, IMHO.