Out of status inland application PLEASE HELP!

[Tom9225]

IMHO, send whatever you have, just to get the application submitted. If IRCC wants/needs more information (or proof of your genuine relationship) they will ask for it; they won't just deny the application without asking for more.

Right now, time is your enemy, because of her lack of status. You can't send more than you have, right? The sooner you get this submitted, the better you're both going to feel.

Thank you very much, I have about two more questions if you don't mind

Do we have to notarize the letters we got from friends and families?

Also since there's a public policy in place, does this means she can drive after we submit the application without fear of being stopped by the cops and asking for her status? We live in Ontario by the way

 

[Ponga]

Thank you very much, I have about two more questions if you don't mind

Do we have to notarize the letters we got from friends and families?

Also since there's a public policy in place, does this means she can drive after we submit the application without fear of being stopped by the cops and asking for her status? We live in Ontario by the way

It wouldn't hurt to have them notarized, but I don't believe it's a requirement.

The `Public Policy' doesn't apply to her driving, only the Inland application for PR.

I would suggest she defer driving at least until she has submitted the application, if at all, but...that's just me. Having a valid DL, without having legal status is very tricky I suspect.

 

[Tom9225]

It wouldn't hurt to have them notarized, but I don't believe it's a requirement.

The `Public Policy' doesn't apply to her driving, only the Inland application for PR.

I would suggest she defer driving at least until she has submitted the application, if at all, but...that's just me. Having a valid DL, without having legal status is very tricky I suspect.

Thank you, she does have a valid DL but we ll have her stop driving until application is done just to be on the safer side.

Thank you very much for your help!! Can I reply to this forum again if there's anything I'm missing or would need help with?

 

[Ponga]

Thank you, she does have a valid DL but we ll have her stop driving until application is done just to be on the safer side.

Thank you very much for your help!! Can I reply to this forum again if there's anything I'm missing or would need help with?

My pleasure! Feel free to reply, or post a new thread whenever you need more help/suggestions.

 

[yoli85]

I would advise that if you don't want or can't pay for the full services of an immigration lawyer, as minimum pay for a couple of hours of consultation with one. To me, your case seems weak and you need to get the right proof to convince an officer that your relationship is for real. A lawyer usually handles difficult cases and they can give you very good guidance and assess if your proof is good enough, you don't need to retain their services after the consultation and can be cost-effective.

 

[Tom9225]

I would advise that if you don't want or can't pay for the full services of an immigration lawyer, as minimum pay for a couple of hours of consultation with one. To me, your case seems weak and you need to get the right proof to convince an officer that your relationship is for real. A lawyer usually handles difficult cases and they can give you very good guidance and assess if your proof is good enough, you don't need to retain their services after the consultation and can be cost-effective.

That's a great advice, we ll get an appointment with a consultant that can help us.

We do have 2 years worth of messages, phone calls and video calls to add to our application also

 

[Tom9225]

My pleasure! Feel free to reply, or post a new thread whenever you need more help/suggestions.

Also if there's a chance of interview (which we are fully expecting) , will they interview both of us together or separately or just one of us? I've seen mixed answers on here but I'm not sure

 

[yoli85]

That's a great advice, we ll get an appointment with a consultant that can help us.

We do have 2 years worth of messages, phone calls and video calls to add to our application also

Still, I invite you to think as an officer and have a critical mind. As someone said above, any officer would immediately be suspicious that your spouse has been out of status for so long (even if neither of you was aware of this) and the small court wedding. Don't rely only on messages and phone calls, gather as much official documentation as you can showing you're living together and how you've merged your assets, and your financial and personal matters.
You must convince the officer that 1) both of you truly didn't know the status was over for your spouse and 2) the genuineness of the relationship. To me, the two are linked.

An immigration lawyer will be of better guidance.

 

[Tom9225]

Still, I invite you to think as an officer and have a critical mind. As someone said above, any officer would immediately be suspicious that your spouse has been out of status for so long (even if neither of you was aware of this) and the small court wedding. Don't rely only on messages and phone calls, gather as much official documentation as you can showing you're living together and how you've merged your assets, and your financial and personal matters.
You must convince the officer that 1) both of you truly didn't know the status was over for your spouse and 2) the genuineness of the relationship. To me, the two are linked.

An immigration lawyer will be of better guidance.

Thank you so much, we ll try and gather everything we have, we have joint accounts and credit card statements in both our names also, we were hoping to declare common law with CRA but we haven't lived together for a year yet. But yeah we ll spend the next few weeks gathering every documents we can

 

[Ponga]

You must convince the officer that 1) both of you truly didn't know the status was over for your spouse and 2) the genuineness of the relationship. To me, the two are linked.

An immigration lawyer will be of better guidance.

This is NOT true. The applicant does not have to state that she was unaware of being out of status. I do agree with #2, but don't see how the two would be linked.

As mentioned, it would be a nice gesture for the applicant to acknowledge being out of status and recognizing how serious that could be, while also giving thanks for the generosity of IRCC in allowing her to even apply for PR without legal status.

 

[Ponga]

Thank you so much, we ll try and gather everything we have, we have joint accounts and credit card statements in both our names also, we were hoping to declare common law with CRA but we haven't lived together for a year yet. But yeah we ll spend the next few weeks gathering every documents we can

You don't declare common law to CRA. You are married!

Has she filed with CRA previously?

How was she sustaining herself, financially?

What is her country of citizenship?

 

[yoli85]

This is NOT true. The applicant does not have to state that she was unaware of being out of status. I do agree with #2, but don't see how the two would be linked.

As mentioned, it would be a nice gesture for the applicant to acknowledge being out of status and recognizing how serious that could be, while also giving thanks for the generosity of IRCC in allowing her to even apply for PR without legal status.

Well, as it was mentioned by someone here before, "Having such a small wedding with your spouse being out of status... doesn't look great" --- this is true, and this means that both facts COULD be seen as suspicious and therefore are linked.

 

[Tom9225]

You don't declare common law to CRA. You are married!

Has she filed with CRA previously?

How was she sustaining herself, financially?

What is her country of citizenship?

Apologies for the late reply, she's self employed, she's a self taught web /graphic designer, that's how she makes money, she files her tax every year also, do you think she should stop working? It's a freelance work.

She's Congolese and I'm Nigerian (I'm Canadian citizen tho) and we are the same age, very close birthdays too, I'm 25 nov and she's 24 nov

 

[Ponga]

Well, as it was mentioned by someone here before, "Having such a small wedding with your spouse being out of status... doesn't look great" --- this is true, and this means that both facts COULD be seen as suspicious and therefore are linked.

My apologies, but I don't see such an `instant' negative with a small wedding to a spouse that has lost legal status.

 

[Ponga]

Apologies for the late reply, she's self employed, she's a self taught web /graphic designer, that's how she makes money, she files her tax every year also, do you think she should stop working? It's a freelance work.

She's Congolese and I'm Nigerian (I'm Canadian citizen tho) and we are the same age, very close birthdays too, I'm 25 nov and she's 24 nov

Does she do any work for a person or company in Canada?

Has she been filing with CRA, even though she is out of status?

She can work remotely for a person/company that is outside of Canada and does not remunerate her from within Canada. This type of work does not require a work permit as it does not compete with a Canadian citizen or PR in the labour market in Canada.