+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Looking to persuade my partner (principal applicant for common-law PR, inland) to disclose his out-of-status work in another country

Buttles

Newbie
May 14, 2020
3
0
Hello!

I have extensively read these forums and based on the (very useful) information I have read, I feel strongly that my partner should fully disclose something in their personal history but my partner is less convinced. Thanks for all the posters who have helped me feel informed.

I (Canadian citizen) am sponsoring my common-law partner for common-law Canadian PR (Inland). We are building our application. My partner is self-employed, most of his work is remote, and he has travelled extensively during this time. Most of the work has been done for clients outside of the country in which the travelling when he is doing the work (ie, ‘digital nomad’, travelling in Country A while working for a client in country B, and getting paid into his account in Country C).

However, a client in one country required him to periodically be physically there in person. So, he would sometimes go to this country (on a visitor/tourist visa, not a work visa, as is the norm for all manner of expats and consultants entering this country). Although he’d be paid for this work into his bank account in his country of residence, he was for all intents and purposes on the wrong type of visa for that country for what he was doing, and so was working illegally.

He has spent a noticeable amount of time in this country, several visits that stand out compared to his other travel history. There are other details that also draw attention to his time there.

I think: fully disclose all of this! Especially given that many experienced posters on this forum say that such illegal work will be forgiven if disclosed, and that it’s not grounds for refusal of PR, whereas any misrepresentation / omission IS is possible grounds for refusal.

My partner thinks: none of this was done in Canada, there isn’t a place to explicitly disclose it, illegal work elsewhere is not grounds for PR refusal, so why make a big deal of it?

I would really appreciate if someone responded to this cheering for my side (if they indeed agree with me).

Thank you!!
 

Buletruck

VIP Member
May 18, 2015
6,939
2,765
If IRCC discover or investigate it could very well lead to a 5 year ban for misrepresentation. The questions on the application are clear and include any country where it may have happened, not just Canada. Keep in mind, misrepresentation has no limit and can be discovered later during renewal and/ or citizenship applications and the results are the potential loss of his PR and/ or citizenship. A violation of visa conditions on a spousal application are pretty minor considerations. Better to disclose than not.
 
  • Like
Reactions: Buttles

jddd

Champion Member
Oct 1, 2017
1,516
565
I think that you are correct. I do not think that this out of status work will affect the application anyway. Even people who have stayed here illegally get approved so long as they are truthful. I wisk you luck in convincing your partner. Better honest and safe than sorry.
 
  • Like
Reactions: Buttles

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
Hello!

I have extensively read these forums and based on the (very useful) information I have read, I feel strongly that my partner should fully disclose something in their personal history but my partner is less convinced. Thanks for all the posters who have helped me feel informed.

I (Canadian citizen) am sponsoring my common-law partner for common-law Canadian PR (Inland). We are building our application. My partner is self-employed, most of his work is remote, and he has travelled extensively during this time. Most of the work has been done for clients outside of the country in which the travelling when he is doing the work (ie, ‘digital nomad’, travelling in Country A while working for a client in country B, and getting paid into his account in Country C).

However, a client in one country required him to periodically be physically there in person. So, he would sometimes go to this country (on a visitor/tourist visa, not a work visa, as is the norm for all manner of expats and consultants entering this country). Although he’d be paid for this work into his bank account in his country of residence, he was for all intents and purposes on the wrong type of visa for that country for what he was doing, and so was working illegally.

He has spent a noticeable amount of time in this country, several visits that stand out compared to his other travel history. There are other details that also draw attention to his time there.

I think: fully disclose all of this! Especially given that many experienced posters on this forum say that such illegal work will be forgiven if disclosed, and that it’s not grounds for refusal of PR, whereas any misrepresentation / omission IS is possible grounds for refusal.

My partner thinks: none of this was done in Canada, there isn’t a place to explicitly disclose it, illegal work elsewhere is not grounds for PR refusal, so why make a big deal of it?

I would really appreciate if someone responded to this cheering for my side (if they indeed agree with me).

Thank you!!
Telling the truth = no negative effect on the app.

Lying = possible refusal and 5 year ban for misrepresentation.
 
  • Like
Reactions: Buttles

DollyM

Hero Member
Jul 6, 2016
341
172
Middle of Nowhere, Perth, Western Australia
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
27-07-2016
Doc's Request.
29-07-2016
AOR Received.
02-09-2016
File Transfer...
31 August 2016
Med's Done....
25-07-2016
Just my 2c worth, but if he's willing to lie about his work history what else is he willing to lie about? If it were me I would tell him either it's 100% honesty or no sponsorship.
 
  • Like
Reactions: Buttles

Buttles

Newbie
May 14, 2020
3
0
Many thanks everyone, he understood the error in his thinking and we are on the same page! Much appreciated.