my bf has been living in canada for 6 years illegally and we are having a baby

[prelove]

how can i sponsor my boyfriend that i have been living with for almost 2 years to have a legal status. If we apply to get married, will they send him back because he has been living here illegally for 6 years?

 

[kickb]

how can i sponsor my boyfriend that i have been living with for almost 2 years to have a legal status. If we apply to get married, will they send him back because he has been living here illegally for 6 years?

Assuming you are citizen, then you can sponsor him as common law partner if you both are not married as you are living together for more than 12 months. once the application is file, till your decision is made on your file you bf can not be removed. if decision goes negative he will get removal order.

 

[Ponga]

Assuming you are citizen, then you can sponsor him as common law partner if you both are not married as you are living together for more than 12 months. once the application is file, till your decision is made on your file you bf can not be removed. if decision goes negative he will get removal order.

That is not true; you cannot guarantee that a person without status will not be removed, just by simply submitting an inland application.

Legal status is not a requirement for an Inland application, but it is a requirement to guarantee that the person would not be removed.


Having said that, there have been many opinions regarding how CBSA responds to a person without status that has an application that has been received by CIC. It's believed that they will not enforce removal actions, but I don't think that anyone here can absolutely guarantee that.

 

[Kayaker]

how can i sponsor my boyfriend that i have been living with for almost 2 years to have a legal status. If we apply to get married, will they send him back because he has been living here illegally for 6 years?

I don't think "applying to get married" involves the CBSA, so getting married will not get him deported.

You can get married and sponsor him for PR. Or you can sponsor him as your common-law partner without getting married. If you can prove you have been living together for 2 years, you don't need to get married.

As others have said, he needs to apply Inland - which is currently taking a long time, but he probably doesn't have a better choice. There's no guarantee the CBSA will not come to deport him, but that doesn't seem to be happening often for Inland PR applicants. (I've never heard of any on this forum, at least.) So I guess you should sponsor him and hope for the best!

By the way, if he's also working here illegally, probably a good idea to stop doing that until he is allowed to work.

 

[Ponga]

I don't think "applying to get married" involves the CBSA, so getting married will not get him deported.

You can get married and sponsor him for PR. Or you can sponsor him as your common-law partner without getting married. If you can prove you have been living together for 2 years, you don't need to get married.

As others have said, he needs to apply Inland - which is currently taking a long time, but he probably doesn't have a better choice. There's no guarantee the CBSA will not come to deport him, but that doesn't seem to be happening often for Inland PR applicants. (I've never heard of any on this forum, at least.) So I guess you should sponsor him and hope for the best!

By the way, if he's also working here illegally, probably a good idea to stop doing that until he is allowed to work.

They only need to prove that they've been living together for 1 year (but 2 is better, or course). On the 366th day of living together, they qualify to apply as a Common-Law couple, but anyone that's been living together for less than 3 years total (1 year to qualify + 2 years living AS Common-Law), will likely get a conditional PR (Condition 51), that simply means that they have to continue living together for 2 more years.

 

[prelove]

i am just worried that that if we apply for common-law, they will ask for his information and legal documentations ( which is none) this could open a can of worm for him. We now have a baby on the way and im just worried that they might send him back and will not be allowed to return because he's been living in canada for 6 years illegally

 

[Kayaker]

In any case, IF he wants to become legal in Canada and get PR as your spouse (or common-law partner), he is going to have to tell CIC.

The way I see it, he has three options:
- leave Canada and probably not be able to return
- marry you and be sponsored for Permanent Residency
- be sponsored for Permanent Residency as your common-law partner

In the last 2 cases there are 2 possible outcomes:
- he gets Permanent Residency and he is legal in Canada, no more problems
- he doesn't get Permanent Residency and he has to leave Canada and probably not be able to return

There is no way he can get legal status in Canada without involving CIC. The can of worms has to be opened, or you can keep it closed, he stays illegal and you hope and pray that nothing bad happens.

 

[zardoz]

Don't forget, he could be turned in to CBSA by anyone that knows that he is in Canada illegally. Sooner or later, things could get very difficult. If he's working illegally as well, it only takes an upset worker to report him

 

[prelove]

i am a canadian citizen and wants to sponsor him as common-law partner .. now, i have another problem, i have been separated from my ex-husband but no divorce papers filed as of yet ( still in the process ) but we've been separated for a year. Can i still sponsor my bf as common-law or do i have to be divorced to do it?

 

[Guanaquito]

i am just worried that that if we apply for common-law, they will ask for his information and legal documentations ( which is none) this could open a can of worm for him. We now have a baby on the way and im just worried that they might send him back and will not be allowed to return because he's been living in canada for 6 years illegally

As long you have enough proof from your relationship & your partner does't have any refusal or deportation order you can apply inland.
To probe it you need to have some of this:
pic together, bank account under both names, bills, insurance, rent contracts under both names, friends letter, any other document to prove your relationship. Make sure to change your status from single to common law with CRA. The must important never lie in your application, even if he work in the past years under the table, just write the true. Trust me I know somebody who stayed longer than him & went through the same situation

 

[Kayaker]

You don't have to be divorced.

You just need to collect proof that you and your boyfriend have been living together for at least a year. A rental agreement would be great. If you don't have that, you could ask your landlord to write a letter saying that you have been living with your boyfriend from month/year.

And yes, you must change your status to common-law with CRA.

 

[Rob_TO]

And yes, you must change your status to common-law with CRA.

Not to mention if previous tax year were filed as "single" when they should have been "common-law", you should go back and re-assess them as "common-law". Else it could cast serious doubt with CIC that the couple is actually common-law.

Also within the PR application there are at least 2 sections in which the overstay will need to be mentioned. So as soon as the PR app is submitted (whether as common-law or married), CIC will suddenly know he's been here illegally out-of-status for 6 years.

 

[screech339]

Not to mention if previous tax year were filed as "single" when they should have been "common-law", you should go back and re-assess them as "common-law". Else it could cast serious doubt with CIC that the couple is actually common-law.

Also within the PR application there are at least 2 sections in which the overstay will need to be mentioned. So as soon as the PR app is submitted (whether as common-law or married), CIC will suddenly know he's been here illegally out-of-status for 6 years.

Bad enough that you are putting a red bulleye on yourself to CIC/CBSA that you have been "illegally" inside Canada for 6 years but also "working illegally" to support the "illegal stay". Talk about rubbing salt in the wound.

Screech339

 

[Guanaquito]

i am just worried that that if we apply for common-law, they will ask for his information and legal documentations ( which is none) this could open a can of worm for him. We now have a baby on the way and im just worried that they might send him back and will not be allowed to return because he's been living in canada for 6 years illegally

There was a person (yata520) who Apply last summer, I believe he was in the same situation, even longer than your bf. He got his PR with no problem & now living a happy life. As long you love each other just try for the best!! Good luck!!

 

[Ponga]

There was a person (yata520) who Apply last summer, I believe he was in the same situation, even longer than your bf. He got his PR with no problem & now living a happy life. As long you love each other just try for the best!! Good luck!!

Yes, and if I recall there wasn't any noticeable delay in his/her processing. This would seem to confirm that an out of status Inland applicant is not really penalized (by a slower process), just because they are out of status.