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

Out of status while applying for spousal

scylla

VIP Member
Jun 8, 2010
95,845
22,110
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
Ponga said:
I've never heard that a person that is in Canada illegally is entitled to an open work permit...until now!
He would qualify if he submits an H&C application AND that H&C application receives positive eligibility assessment. See:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
scylla said:
He would qualify if he submits an H&C application AND that H&C application receives positive eligibility assessment. See:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
But this says that it's either OR:

206. (1) A work permit may be issued under section 200 to a foreign national in Canada who cannot support themself without working, if the foreign national

(a) has made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been determined; or

(b) is subject to an unenforceable removal order.
 

Zakmalik

Star Member
Mar 25, 2015
53
1
Border security advised him to apply for this work permit because we don't know the length he will be here, so we will be applying for it and applying for H&C with the help of a lawyer he only qualify a for the work permit because he's unable to travel back to his home country otherwise he would not be
 

scylla

VIP Member
Jun 8, 2010
95,845
22,110
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
Zakmalik said:
Border security advised him to apply for this work permit because we don't know the length he will be here, so we will be applying for it and applying for H&C with the help of a lawyer he only qualify a for the work permit because he's unable to travel back to his home country otherwise he would not be
What has the lawyer said about proving the "who cannot support themselves without working" bit for the work permit given your husband has been here for several years already without the ability to work legally? Has he suggested what proof / information you should provide to support this?
 

Zakmalik

Star Member
Mar 25, 2015
53
1
Well we were being supported from his family and since the war in the country started we have no income from
Them anymore , and we have proof that income from his family has stopped for a few months now and we have been relying on my job with minimal hours , I'm assuming that's the proof they need? The lawyer will be handling that case but that's just what I'm thinking