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Marriage licence, no status

Janette1977

Full Member
Mar 9, 2020
44
4
I submitted my H&R application a year before my visitor's visa extension got rejected. I never applied for appeal. I don't know what I call my status here, illegal or no status? I have been in this situation for 1.5 years now. Just a month before my visa refusal, I started dating someone and moved in together 10 months ago. I am waiting for my H&R application at the moment and we want to get married. My passport is almost expired in a couple of months. We have found a pastor and going to apply for marriage license. The requirement for this to provide a proof of age and identity such as Birth Certificate, current Passport, Canadian Citizenship card or Record of Landing/Canadian Permanent Resident Card. I have my birth certificate, current and almost expired passport.
My questions are:
1. Can I ONLY present ONE document of proof of age and identity; my birth certificate as I am worried by the time we are ready to get licence my passport would be expired.
2. I can't extend my passport to my embassy regarding my status, I am afraid if I do it will open a can of worms. Should I also present my passport to get the license?
3. Will they ask about my legal status in Canada? If so, what should I say? I don't want to lie but also don't want to say I have no status here.
4. Does marriage license issuer have the right to dig into my legal status in Canada?
5. Anyone have any experiences getting married while in no legal status or married to an illegal immigrant/no status person?
Please help.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
  1. This question depends on your province and its marriage regulations. In BC, you need a passport for the license if you are not a citizen/PR, though you may be able to talk a marriage license issuer into something else.

  2. This depends on your province.

  3. They may.

  4. No.

  5. Can't help you, my wife had valid status as a visitor.
 

Janette1977

Full Member
Mar 9, 2020
44
4
  1. This question depends on your province and its marriage regulations. In BC, you need a passport for the license if you are not a citizen/PR, though you may be able to talk a marriage license issuer into something else.

  2. This depends on your province.

  3. They may.

  4. No.

  5. Can't help you, my wife had valid status as a visitor.
Thank you for the reply! I am totally nervous IF they ask for my legal status, what should I say, any suggestion?
 

Janette1977

Full Member
Mar 9, 2020
44
4
It is H&C. You are without status in Canada which I assume you know means you shouldn’t be working.
WIthout status, is it the same as illegal? Did you mean that when they marraige license issuer asked about my legal status, I should say "without status"? Or should I say I am on implied status?
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
WIthout status, is it the same as illegal? Did you mean that when they marraige license issuer asked about my legal status, I should say "without status"? Or should I say I am on implied status?
You don't have implied status. You are here without status / illegally.
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
I have been working online for two companies (non canadians), I needed to live, couldn't rely on my friends after a few months.
Do the two companies provide any services/goods to Canadians?

You're already in Canada illegally. I sincerely hope you're not working illegally.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
WIthout status, is it the same as illegal? Did you mean that when they marraige license issuer asked about my legal status, I should say "without status"? Or should I say I am on implied status?
They won't ask your status.
 

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
Do the two companies provide any services/goods to Canadians?

You're already in Canada illegally. I sincerely hope you're not working illegally.
If you don’t have status and are working remotely you are working illegally since you don’t have permission to be in Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
If you don’t have status and are working remotely you are working illegally since you don’t have permission to be in Canada.
Illegal work in Canada requires a person to have entered the Canadian labour market without legal permission from the Canadian government, regardless of their status. If OP is truly working remote, then s/he has not entered the Canadian labour market and is not working illegally. It is the same as if OP had valid visitor status and worked remote; no legal permission for the work is required from Canada.
 

Janette1977

Full Member
Mar 9, 2020
44
4
Do the two companies provide any services/goods to Canadians?

You're already in Canada illegally. I sincerely hope you're not working illegally.
No, both do not provide any services (it is a service company) in Canada, didn't get paid in Canadian dollar either, and also mentioned it in my H&R application as a source of my survival here.
 

Janette1977

Full Member
Mar 9, 2020
44
4
Illegal work in Canada requires a person to have entered the Canadian labour market without legal permission from the Canadian government, regardless of their status. If OP is truly working remote, then s/he has not entered the Canadian labour market and is not working illegally. It is the same as if OP had valid visitor status and worked remote; no legal permission for the work is required from Canada.
While I was searching for online/remote work I got a couple of positive answers from some companies which turned out also had branches in Canada, I didn't continue the process as ((after read some more and pointed out by a friend) that would put me in risk of against the law (I still had Visitor's status then), took me a while to get what I have now while relying on my friends help for months. As a freelancer (both jobs are not full time jobs) I work more/very long hours (and spend as little as I can) and also earn from some other odd freelance jobs to survive.
 

Janette1977

Full Member
Mar 9, 2020
44
4
They won't ask your status.
I have my birth certificate and passport which is mentioned as proof of identity and age. My bf said as it says "such as birth certificate, passport, permanent residency or citizenship card" means that I don't have to provide all. Is that true? My passport is almost expired in a month, I am just super worried all the process to get a licence my passport will be expired. We haven't started anything yet as I am super nervous about all of this and would like to ask here first as we can't really afford an immigration lawyer. Would it be okay to just use my birth certificate only or also present my expired (hope not) passport? I can't renew my passport because I have no status (according to my embassy).