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Out of Status/Illegal Work - Spousal Sponsorship/TRP?

scylla

VIP Member
Jun 8, 2010
94,946
21,575
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
Thank you. I'm considering using an immigration lawyer. Any recommendations?
I don't know of any. Maybe someone else will throw out a recommendation.

You don't need one - but obviously up to you.
 

Jsimone86

Member
Jul 1, 2019
15
0
I don't know of any. Maybe someone else will throw out a recommendation.

You don't need one - but obviously up to you.
Okay, I was wondering whether to use one considering the illegal work history. Thought it may complicate things.
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
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
Okay, I was wondering whether to use one considering the illegal work history. Thought it may complicate things.
No need as long as you declare everything. There's a thread someone in the Express Entry section dedicated to individuals who are in the US without status. Suggest you find it and review it - it will probably be helpful.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,322
2,155
Earth
No need as long as you declare everything. There's a thread someone in the Express Entry section dedicated to individuals who are in the US without status. Suggest you find it and review it - it will probably be helpful.
As Scylla mentioned you want to declare everything, aka, come clean, just as you did in your original posting(but in greater detail) That is why I mentioned the VDP , and TaxPayer Relief. If there is any hint that someone is not fully disclosing everything in their application, well, that is when one runs into "problems", same goes for your immigration application
Use the Five W method when telling them and the CRA about your situation.
Who
What
When
Where
Why
And some people throw in the H- How.
As for immigration lawyers, this forum is supported by one. Top right, click the contact button, btw I do not work for them.
 
Last edited:

Jsimone86

Member
Jul 1, 2019
15
0
Thank you. My boyfriend is wary of the tax implications for him.
Are there any options for gaining status outside of common-law that would allow to me stay in Canada with my son while I file?
 

YVR123

VIP Member
Jul 27, 2017
7,169
2,767
Thank you. My boyfriend is wary of the tax implications for him.
Are there any options for gaining status outside of common-law that would allow to me stay in Canada with my son while I file?
Doesn't matter if he applies for the sponsorship. He needs to fix his tax return anyway since he has been in a common-law relationship with you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,200
Visa Office......
London
App. Filed.......
06/12
Thank you. My boyfriend is wary of the tax implications for him.
Are there any options for gaining status outside of common-law that would allow to me stay in Canada with my son while I file?
You mean he is wary of the fact that he may have been committing tax fraud and will likely owe money? Tell him to grow up.

No, there are pretty much no other options for you to legalize your status.
 

Jsimone86

Member
Jul 1, 2019
15
0
Doesn't matter if he applies for the sponsorship. He needs to fix his tax return anyway since he has been in a common-law relationship with you.
Thanks I definitely understand that. I'm trying to explore if I have any alternatives in the event that he doesn't want to take that step
 

canuck78

VIP Member
Jun 18, 2017
54,555
13,238
Thanks I definitely understand that. I'm trying to explore if I have any alternatives in the event that he doesn't want to take that step
He doesn’t have the option he has been committing fraud himself by not declaring his common law status. I assume he was willing to claim child benefit though. If he is a PR or citizen he should know that everyone pays taxes.
 

canuck78

VIP Member
Jun 18, 2017
54,555
13,238
Looks like you live in Ontario. You shouldn’t have been able to get OHIP but you mention you’ve had a child. If you legally though you were in Canada I would have tried to apply for OHIP even before I had a child but definitely when I found out I was pregnant.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,322
2,155
Earth
Thank you. My boyfriend is wary of the tax implications for him.
Are there any options for gaining status outside of common-law that would allow to me stay in Canada with my son while I file?
Thanks I definitely understand that. I'm trying to explore if I have any alternatives in the event that he doesn't want to take that step
Taking that step in being honest and paying what he is legally obligated too ?
As mentioned, it’s better for him to be forthcoming versus the CRA discovering he wasn’t filing correctly
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
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
Thanks I definitely understand that. I'm trying to explore if I have any alternatives in the event that he doesn't want to take that step
If he doesn't want to take that step to fix the taxes and file the common law application, then you're honestly a bit sunk. Common law sponsorship is your only option for obtaining PR at this time since you're here without status. All of the other options (e.g. economic immigration through Express Entry, etc.) require you to have valid status in Canada to apply. At this point your only way of restoring status is to leave Canada - which I know you don't want to do since you're very rightly concerned about being allowed to re-enter. So your eggs really are all in one basket at this point. Good luck.