Out of Status?

[Skywalker16]

No, I'm not preventing anybody from a job since it's not in the same kitchens and it's never in the same place twice. If we hear down the vine an event is going down with a chef we respect and it has a shortage of hands that will not be met by that night (i.e. from today to tomorrow, from now til this evening) then I extend my volunteer work as an extra hand to help with the rush. Usually my form of payment is a meal and a few beers wherever they are at and that's that. There's no money exchanged and the shortage is met. In regards to keeping someone out of a job these positions are not met later on, because there's no position to be met. The opportunity is there because of human error and over-booking in small establishments. In other cases they turn to students from the nearest culinary program and they offer them to 'stage' in exchange for knowledge, no payment involved either.

I can as easily leave it out because it's of no importance to anybody but myself in terms of culinary experience and the knowledge acquired.

 

[MilesAway]

No, I'm not preventing anybody from a job since it's not in the same kitchens and it's never in the same place twice. If we hear down the vine an event is going down with a chef we respect and it has a shortage of hands that will not be met by that night (i.e. from today to tomorrow, from now til this evening) then I extend my volunteer work as an extra hand to help with the rush. Usually my form of payment is a meal and a few beers wherever they are at and that's that. There's no money exchanged and the shortage is met. In regards to keeping someone out of a job these positions are not met later on, because there's no position to be met. The opportunity is there because of human error and over-booking in small establishments. In other cases they turn to students from the nearest culinary program and they offer them to 'stage' in exchange for knowledge, no payment involved either.

I can as easily leave it out because it's of no importance to anybody but myself in terms of culinary experience and the knowledge acquired.

That would be seen as working illegally.

 

[Ponga]

Usually my form of payment is a meal and a few beers wherever they are at and that's that. There's no money exchanged and the shortage is met.

But that IS a form of payment, right?

No matter how you `slice it' , it certainly can be viewed as working illegally...which is not good.

 

[Skywalker16]

Well I guess that I'm not doing it hahaha ;D I mean there's no record of me ever being anywhere in these places, there's no paper work, no punch-in, no SIN or anything literally, so poof! Because I'm really not down to get scrutinized over "working" in Canada when we've been starving for yrs trying NOT TO break these damn rules. My wife has literally broken her back to support us so we can do this properly and because we decided I shouldn't fall behind on my career with this wait then I might get reprimanded over it... nah nope, no thanks...

Seriously love Canada but the hoops we've had to jump to get to this point to be told "You're probably not going to get it" Is really getting to weigh heavily on us and our family dynamic.

 

[profiler]

Well I guess that I'm not doing it hahaha ;D I mean there's no record of me ever being anywhere in these places, there's no paper work, no punch-in, no SIN or anything literally, so poof! Because I'm really not down to get scrutinized over "working" in Canada when we've been starving for yrs trying NOT TO break these damn rules. My wife has literally broken her back to support us so we can do this properly and because we decided I shouldn't fall behind on my career with this wait then I might get reprimanded over it... nah nope, no thanks...

Seriously love Canada but the hoops we've had to jump to get to this point to be told "You're probably not going to get it" Is really getting to weigh heavily on us and our family dynamic.

How long ago did you actually apply? Or are you still working on an application now?

 

[Skywalker16]

Working on application right now. Considering many things including hiring a lawyer perhaps. I just need the info to do it right as I seem to be getting mixed things from different sources. "Lie on your 10yr history", "Don't lie anywhere", "Out of Status is difficult but it won't matter", "You'll get kicked out for being Out of Status", "Apply Inland", Apply Outland"... etc.

Wife and I been married almost 5 yrs and this is still a pain over our heads.

 

[profiler]

Working on application right now. Considering many things including hiring a lawyer perhaps. I just need the info to do it right as I seem to be getting mixed things from different sources. "Lie on your 10yr history", "Don't lie anywhere", "Out of Status is difficult but it won't matter", "You'll get kicked out for being Out of Status", "Apply Inland", Apply Outland"... etc.

Wife and I been married almost 5 yrs and this is still a pain over our heads.

When I went to hire a lawyer (from Kitchener, ON) they quoted me a $10,000 retainer. We did pay the $300 advice visit and got specific details and instructions how to deal with specifics of our case. The rest we have done.

It might be worth a visit to a lawyer, and take the questions that you have raised already with you. Take notes while you are there and asking about them -- you paid for the advice! You could also consider a trip to a land border to cross back into the US and come back to Canada.... at least you'd find out if they have a problem with your over-stay, and you would score (possibly) another 6 months as a visitor to get this sorted...

 

[Skywalker16]

I usually have no problem crossing, problem usually is that I cross with Natives since my family-in-law is from a resservation near a border. Problem is when that happens they look at my passport, don't ask questions and don't say anything but "have a good day" and they don't stamp on it either. ???

Thanks for the advice I think we will save up and get some lawyer kind of advice. Relocation is kind of out of the question right now which is what makes me nervous about the whole thing if we do decide to go to the US and come back.

 

[canuck_in_uk]

Well I guess that I'm not doing it hahaha ;D I mean there's no record of me ever being anywhere in these places, there's no paper work, no punch-in, no SIN or anything literally, so poof! Because I'm really not down to get scrutinized over "working" in Canada when we've been starving for yrs trying NOT TO break these damn rules. My wife has literally broken her back to support us so we can do this properly and because we decided I shouldn't fall behind on my career with this wait then I might get reprimanded over it... nah nope, no thanks...

Seriously love Canada but the hoops we've had to jump to get to this point to be told "You're probably not going to get it" Is really getting to weigh heavily on us and our family dynamic.

I agree with the others that what you have been doing is considered illegal work, so I suggest you stop now.

I don't know who told you "You're probably not going to get it" but that's BS. You are a Canadian-American couple that has been married for many years; your app will be approved. Spousal sponsorship isn't like applying for a job or university, where even qualified candidates are refused. Provided you meet the requirements, your app will be approved.

Working on application right now. Considering many things including hiring a lawyer perhaps. I just need the info to do it right as I seem to be getting mixed things from different sources. "Lie on your 10yr history", "Don't lie anywhere", "Out of Status is difficult but it won't matter", "You'll get kicked out for being Out of Status", "Apply Inland", Apply Outland"... etc.

Wife and I been married almost 5 yrs and this is still a pain over our heads.

Don't bother with hiring a lawyer. A good lawyer who actually knows what they are doing will cost you at least $5000. You can get a cheaper lawyer for around $3000 but will most likely end up with more problems because of their mistakes. Believe me, we've seen people on this forum with very straightforward apps be screwed by the mistakes of their lawyer or consultant.

My opinion? Don't lie, being out of status will have no effect on the app, you won't be kicked out, apply outland.

 

[Ponga]

I usually have no problem crossing, problem usually is that I cross with Natives since my family-in-law is from a resservation near a border. Problem is when that happens they look at my passport, don't ask questions and don't say anything but "have a good day" and they don't stamp on it either. ???

Thanks for the advice I think we will save up and get some lawyer kind of advice. Relocation is kind of out of the question right now which is what makes me nervous about the whole thing if we do decide to go to the US and come back.

If your lack of status is the only `issue', my suggestion is to not hire a lawyer.

I was out of status for quite awhile when I finally applied and, like you, was pretty shaken by all the `what if' questions.

I consulted with a lawyer and IMMEDIATELY realized that I was NOT going to hire this person. When I asked a very simple question: "Can I apply from within Canada if I am out of status?", he said..."I don't know, but if you give me a $650 deposit, I'll get an answer for you."

So...I sheepishly submitted an Inland application and tried not to hide in the basement for the next 2 years. In the end, everything worked out and my lack of status was, apparently, never an issue. It did have some collateral impact on things like a Canadian DL, during the process, but those issues evaporated once I became a PR.

This forum and the people that still give back, even though they're lonnnng past the process (myself now included) were what kept me going.

Good luck!

 

[profiler]

If your lack of status is the only `issue', my suggestion is to not hire a lawyer.

I was out of status for quite awhile when I finally applied and, like you, was pretty shaken by all the `what if' questions.

I consulted with a lawyer and IMMEDIATELY realized that I was NOT going to hire this person. When I asked a very simple question: "Can I apply from within Canada if I am out of status?", he said..."I don't know, but if you give me a $650 deposit, I'll get an answer for you."

So...I sheepishly submitted an Inland application and tried not to hide in the basement for the next 2 years. In the end, everything worked out and my lack of status was, apparently, never an issue. It did have some collateral impact on things like a Canadian DL, during the process, but those issues evaporated once I became a PR.

This forum and the people that still give back, even though they're lonnnng past the process (myself now included) were what kept me going.

Good luck!

Agreed. We had a better experience, in that everything we were told to do, and we followed those suggestions to the letter and we appear to be a far way along our inland application now...

 

[babymistycat]

No, I'm not preventing anybody from a job since it's not in the same kitchens and it's never in the same place twice. If we hear down the vine an event is going down with a chef we respect and it has a shortage of hands that will not be met by that night (i.e. from today to tomorrow, from now til this evening) then I extend my volunteer work as an extra hand to help with the rush. Usually my form of payment is a meal and a few beers wherever they are at and that's that. There's no money exchanged and the shortage is met. In regards to keeping someone out of a job these positions are not met later on, because there's no position to be met. The opportunity is there because of human error and over-booking in small establishments. In other cases they turn to students from the nearest culinary program and they offer them to 'stage' in exchange for knowledge, no payment involved either.

I can as easily leave it out because it's of no importance to anybody but myself in terms of culinary experience and the knowledge acquired.

Are you volunteering in restaurant or non profit organization, I volunteer lots and I don't see that as working illegally. I even got those established to write me up a letter of recommendation etc. I volunteer in banquet and it is natural that they will feed you. So long as if you genuinely are doing it out of your heart. You have nothing to worry about. By the way, I am out of status too. Apply outland in aug.. I got my AOR2. And VO confirm receipt of my application. Best of luck

 

[babymistycat]

Are you volunteering in restaurant or non profit organization, I volunteer lots and I don't see that as working illegally. I even got those established to write me up a letter of recommendation etc. I volunteer in banquet and it is natural that they will feed you. So long as if you genuinely are doing it out of your heart. You have nothing to worry about. By the way, I am out of status too. Apply outland in aug.. I got my AOR2. And VO confirm receipt of my application. Best of luck

 

[canuck_in_uk]

Are you volunteering in restaurant or non profit organization, I volunteer lots and I don't see that as working illegally. I even got those established to write me up a letter of recommendation etc. I volunteer in banquet and it is natural that they will feed you. So long as if you genuinely are doing it out of your heart. You have nothing to worry about. By the way, I am out of status too. Apply outland in aug.. I got my AOR2. And VO confirm receipt of my application. Best of luck

People don't volunteer in restaurants. If you are doing that, you are working illegally.

It doesn't matter if you are "doing it out of your heart". If it's defined as work under the law, then it it illegal.

 

[Aquakitty]

People don't volunteer in restaurants. If you are doing that, you are working illegally.

It doesn't matter if you are "doing it out of your heart". If it's defined as work under the law, then it it illegal.

Yes, people have been excluded from Canada for just doing maintenance work for a friend, in an apartment. Any type of work that someone could be hired for is illegal. Not worth it. Get your documents in order ASAP and stop working now.

It's great the latest outland apps from the out of status US/UK people haven't had any issues.