Hi, no, there was no letters or communication sent from CBSA. I know at this exact moment in time we cannot apply for an inland application, but if nothing is ever received from CBSA, could we consider an inland application in about a year or so? After we are either commonlaw or married?
He may not have a year!
You really need to find out if IRCC knows of his prior misrepresentation (the fact that he was married even though his ID showed him as single). IMHO, this needs to be step 1 and needs to be answered ASAP! Even if it was not caught by IRCC back then, he would have to show that he was married (and still is, apparently) in his new PR application. It's possible that at that point, IRCC could start asking questions; he has no choice but to be completely honest with the Inland application.
The only possible way for his to regain legal status, would be to leave and return, which is obviously a very risky option right now and not something that I would suggest. If, on the other hand IRCC and/or CBSA reaches out to him...I would then say he should consider leaving before any action is taken. Once you're able to get divorced, you could travel to him to get married and then submit an Outland application. You return to Canada and he stays (wherever he would be) until his PR is [hopefully] approved.
Is he working in Canada? If so, would his voluntary departure impact you financially?
Ironically, even though working without authorization is illegal, a person with a "lack of status" also includes a person that has worked without authorization. If your partner is, or has worked without authorization it appears that he would still be eligible under the Public Policy...which is beyond generous!
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#3
Lack of status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
- persons who have overstayed a visa, visitor record, work permit or student permit;
- persons who have worked or studied without being authorized to do so under the Act;
- persons who have entered Canada without the required visa or other document required under the regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).
