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

Out of Status - Family Class - Proof of Genuine Relationship

Janette1977

Full Member
Mar 9, 2020
44
4
I am out of status when I got married to my husband (Canadian). We are going apply for Family Class Spousal Sponsorship. I read somewhere that we can still apply for spousal sponsorship regardless my out of status/illegal status. Being out of status/illegal, I don't have my name in his bank account as well as in hydro/internet bill, rent etc. (I was thinking that would be impossible, so never look into it). Our relationship is genuine, we lived together long before the marriage. We have pictures together since we started dating until present, texts, and have some mails/packages addressed to where we live with my or our name on them. We have his family and my close friends who would be willing to write statements of their knowledge/witness to proof our relationship and marriage is genuine.
My question is:
1. Would I still need joint bank account/other bills with our names together on it to add to our proof of genuine relationship?
2. We also have friends and family who would be willing to make statement to support us financially (as on paper we don't earn much, I work several freelance online/remote work for non Canadian companies) and we grow our own food.
3. We are planning to use a lawyer to apply for this because I am out of status which is VERY expensive for us, is it worth it? If it gets rejected that would be thousands of dollar spent.
We are in genuine relationship and are not worried about interviews to proof our relationship but worried about separation if they will deport me and the penalty for out of status (not allowed to go back to Canada). No dependants involved in our relationship.
I have enough anxiety and sleepless nights because of my situation so I would appreciate no judgment and negative comments please. Your positive/helpful comments will be greatly appreciated. I'm also hoping for opinions/help from those who had been through this. Thank you so much for reading my post.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
I am out of status when I got married to my husband (Canadian). We are going apply for Family Class Spousal Sponsorship. I read somewhere that we can still apply for spousal sponsorship regardless my out of status/illegal status. Being out of status/illegal, I don't have my name in his bank account as well as in hydro/internet bill, rent etc. (I was thinking that would be impossible, so never look into it). Our relationship is genuine, we lived together long before the marriage. We have pictures together since we started dating until present, texts, and have some mails/packages addressed to where we live with my or our name on them. We have his family and my close friends who would be willing to write statements of their knowledge/witness to proof our relationship and marriage is genuine.
My question is:
1. Would I still need joint bank account/other bills with our names together on it to add to our proof of genuine relationship?
2. We also have friends and family who would be willing to make statement to support us financially (as on paper we don't earn much, I work several freelance online/remote work for non Canadian companies) and we grow our own food.
3. We are planning to use a lawyer to apply for this because I am out of status which is VERY expensive for us, is it worth it? If it gets rejected that would be thousands of dollar spent.
We are in genuine relationship and are not worried about interviews to proof our relationship but worried about separation if they will deport me and the penalty for out of status (not allowed to go back to Canada). No dependants involved in our relationship.
I have enough anxiety and sleepless nights because of my situation so I would appreciate no judgment and negative comments please. Your positive/helpful comments will be greatly appreciated. I'm also hoping for opinions/help from those who had been through this. Thank you so much for reading my post.
How long have you been out of status? Has CBSA been in touch with you already. Filing for sponsorship will likely trigger CBSA to contact you. Depending on where you are from being deported is a possibility. You may want to consider filing outland csoinsorship since you don’t qualify to apply for an OWP until you receive AIP if you apply inland. When you say you don’t make much money how little do you make? Are you dependent on government aid. Growing your vegetables is nice but won’t be a big factor in deciding whether you can support your family without government help.
 
Last edited:

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I am out of status when I got married to my husband (Canadian). We are going apply for Family Class Spousal Sponsorship. I read somewhere that we can still apply for spousal sponsorship regardless my out of status/illegal status. Being out of status/illegal, I don't have my name in his bank account as well as in hydro/internet bill, rent etc. (I was thinking that would be impossible, so never look into it). Our relationship is genuine, we lived together long before the marriage. We have pictures together since we started dating until present, texts, and have some mails/packages addressed to where we live with my or our name on them. We have his family and my close friends who would be willing to write statements of their knowledge/witness to proof our relationship and marriage is genuine.
My question is:
1. Would I still need joint bank account/other bills with our names together on it to add to our proof of genuine relationship?
2. We also have friends and family who would be willing to make statement to support us financially (as on paper we don't earn much, I work several freelance online/remote work for non Canadian companies) and we grow our own food.
3. We are planning to use a lawyer to apply for this because I am out of status which is VERY expensive for us, is it worth it? If it gets rejected that would be thousands of dollar spent.
We are in genuine relationship and are not worried about interviews to proof our relationship but worried about separation if they will deport me and the penalty for out of status (not allowed to go back to Canada). No dependants involved in our relationship.
I have enough anxiety and sleepless nights because of my situation so I would appreciate no judgment and negative comments please. Your positive/helpful comments will be greatly appreciated. I'm also hoping for opinions/help from those who had been through this. Thank you so much for reading my post.
Your name can be added to stuff, so you should have looked into it.

1. You need the proofs required on the checklist.

2. It's fine to show family financial assistance. Don't ask friends.

3. No point in wasting money on a lawyer. They can't change that fact that you are out of status or get your app any special treatment.
 
  • Like
Reactions: Janette1977

Janette1977

Full Member
Mar 9, 2020
44
4
How long have you been out of status? Has CBSA been in touch with you already. Filing for sponsorship will likely trigger CBSA to contact you. Depending on where you are from being deported is a possibility. You may want to consider filing outland citizenship since you don’t qualify to apply for an OWP until you receive AIP if you apply inland. When you say you don’t make much money how little do you make? Are you dependent on government aid. Growing your vegetables is nice but won’t be a big factor in deciding whether you can support your family without government help.
Been out of status for close to a year. No one (CBSA) has been in touch with me. We (before and after been together) have been able to live without any government aid at all. If I applied outland while de facto I am in Canada, wouldn't that be lying? Did you mean I should leave Canada and leave my husband? He is afraid they won't let me back in. If I didn't have my husband in my life, I would rather leave Canada than having to deal with this mess.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Been out of status for close to a year. No one (CBSA) has been in touch with me. We (before and after been together) have been able to live without any government aid at all. If I applied outland while de facto I am in Canada, wouldn't that be lying? Did you mean I should leave Canada and leave my husband? He is afraid they won't let me back in. If I didn't have my husband in my life, I would rather leave Canada than having to deal with this mess.
There is no requirement to apply inland because you are in Canada. It's fine to apply outland. You don't need to leave Canada. If you do, expect to have to remain outside of Canada until the PR app is approved.
 
  • Like
Reactions: Janette1977

scylla

VIP Member
Jun 8, 2010
95,884
22,135
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
Been out of status for close to a year. No one (CBSA) has been in touch with me. We (before and after been together) have been able to live without any government aid at all. If I applied outland while de facto I am in Canada, wouldn't that be lying? Did you mean I should leave Canada and leave my husband? He is afraid they won't let me back in. If I didn't have my husband in my life, I would rather leave Canada than having to deal with this mess.
As long as you have a valid passport you can apply either inland or Outland. I don't see an issue with either.
 
  • Like
Reactions: Janette1977

Janette1977

Full Member
Mar 9, 2020
44
4
There is no requirement to apply inland because you are in Canada. It's fine to apply outland. You don't need to leave Canada. If you do, expect to have to remain outside of Canada until the PR app is approved.
Thank you! I didn't even know that I can apply for outland while in Canada. I just read somewhere that someone has applied outland while in Canada and asked to have an interview outside of Canada. Is that common?
 

Janette1977

Full Member
Mar 9, 2020
44
4
Adding salt into the wound, my passport is expired and my embassy website says I should provide a valid legal status to renew. They have an emergency/temporary passport-like for people who can't have it the normal way including undocumented/overstayed cases. Will a temporary/emergency passport-like can be used to apply for spousal sponsorship?
 

derin1010

Hero Member
Oct 18, 2017
390
105
51
Toronto
You can still apply for permanent resident inside canada (inland spousal sponsorship) even though your passport has expired. But your passport will have to be renewed before you become a landed immigrant (permanent resident).
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thank you! I didn't even know that I can apply for outland while in Canada. I just read somewhere that someone has applied outland while in Canada and asked to have an interview outside of Canada. Is that common?
If you apply outland and require an interview, it would be outside Canada. Interviews aren't common; they happen when IRCC has suspicions about the relationship or if there are other serious red flags.

Adding salt into the wound, my passport is expired and my embassy website says I should provide a valid legal status to renew. They have an emergency/temporary passport-like for people who can't have it the normal way including undocumented/overstayed cases. Will a temporary/emergency passport-like can be used to apply for spousal sponsorship?
I've never seen anyone try to apply with a temporary passport.
 

Janette1977

Full Member
Mar 9, 2020
44
4
If you apply outland and require an interview, it would be outside Canada. Interviews aren't common; they happen when IRCC has suspicions about the relationship or if there are other serious red flags.



I've never seen anyone try to apply with a temporary passport.
I still have to decide whether to apply for outland or inland, I'd like to dig more what's the pros and cons of each. Thank you for information