Overstayed Student Visa- Need help Please ! I beg anyone to help me.

[csin123q1]

Hi everyone. MY situation is very dire and i have no hope for it at all. My boyfriend who came to Canada in 2007.He was 17 at that time and had a 3 yr student visa. Before the visa was going to expire he applied for extension and the school asked him that he must pay the tuition fee ( $8000) which he did. After that they asked him that he must have minimum $5000 in his bank account. Unfortunately that was impossible for him or his family. He could not continue his study and did not return back to his country due to fear and not knowing what to do.
He met me 3 and a half years ago and we got off to an amazing relationship that has been going strong to the point where we are wanting to get married. He told me this problem a weeks back and i have been distraught. I love him and want him to stay with me.
He knows it was his fault and has repented for it . Please don't ask me to leave him since he hid that from me.
Is there anything that i can do to help him , we really cannot stay without each other and i don't want to lose him. What can i do!! Can someone please help me.

 

[Ponga]

Have the two of you been living together for at least 1 full year? If so, can you prove it?

If you have, you can apply to sponsor him as your Common-Law partner. If you have not, you would need to get married before you can sponsor him as your spouse.

As long as he is not already `Removal Ready', meaning that CBSA is aware that he has overstayed and has already started removal actions...he might be ok with you sponsoring him.

Try posting your question in the Family Class Sponsorship section and see if you get more help there.

Good luck!

 

[canuck_in_uk]

Hi everyone. MY situation is very dire and i have no hope for it at all. My boyfriend who came to Canada in 2007.He was 17 at that time and had a 3 yr student visa. Before the visa was going to expire he applied for extension and the school asked him that he must pay the tuition fee ( $8000) which he did. After that they asked him that he must have minimum $5000 in his bank account. Unfortunately that was impossible for him or his family. He could not continue his study and did not return back to his country due to fear and not knowing what to do.
He met me 3 and a half years ago and we got off to an amazing relationship that has been going strong to the point where we are wanting to get married. He told me this problem a weeks back and i have been distraught. I love him and want him to stay with me.
He knows it was his fault and has repented for it . Please don't ask me to leave him since he hid that from me.
Is there anything that i can do to help him , we really cannot stay without each other and i don't want to lose him. What can i do!! Can someone please help me.

3 and half years in a serious relationship and he never told you he was illegal? That's a pretty big red flag.

Also, how has he supported himself in his 5 year illegal stay? An overstay is one thing; working in Canada illegally is much more serious. That would need to be declared on a sponsorship application and could result in CBSA taking removal action against him regardless of the PR app.

 

[csin123q1]

I understand what you mean , he was doing construction jobs which is mostly cash . At that point i din't really care regarding what he was doing. Now that i know everything and i know the person , i am certain he isn't using me for getting into the Country or anything like that. He doesn't even know about this thread . I know you mean well . Thank you for the reply.

 

[csin123q1]

Have the two of you been living together for at least 1 full year? If so, can you prove it?

If you have, you can apply to sponsor him as your Common-Law partner. If you have not, you would need to get married before you can sponsor him as your spouse.

As long as he is not already `Removal Ready', meaning that CBSA is aware that he has overstayed and has already started removal actions...he might be ok with you sponsoring him.

Try posting your question in the Family Class Sponsorship section and see if you get more help there.

Good luck!

Thanks for the reply. I am looking over that right now. Yes we have proof dating back to 2011 including photos, tickets, people etc.

 

[Ponga]

Thanks for the reply. I am looking over that right now. Yes we have proof dating back to 2011 including photos, tickets, people etc.

None of those items mentioned will help you to prove common-law.

Do you have mail that was addressed to each of you at the same address?
A joint lease, or rental agreement?

Anything that shows that you were living under the same roof?

Photos, tickets, etc., can certainly help prove that you are a genuine couple, but you will need to prove that you are a common-law couple if you want to sponsor him.


And, based on your answer to canuck_in_uk's question regarding him working illegally...time is your enemy now. You will need to move swiftly!

 

[canuck_in_uk]

I understand what you mean , he was doing construction jobs which is mostly cash . At that point i din't really care regarding what he was doing. Now that i know everything and i know the person , i am certain he isn't using me for getting into the Country or anything like that. He doesn't even know about this thread . I know you mean well . Thank you for the reply.

Understand that CBSA isn't likely to initiate removal prodeedings for an overstay when there is a PR app in process but they are very likely to remove someone for illegally working, regardless of the PR app. His illegal work must be declared on a PR app, oherwise he is committing yet another crime, fraud .

 

[csin123q1]

I Definitely understand what you are saying. I will note this down for sure. I just want to know if it is better for him to leave the country and then try to come back after we marry or should we get it done right now since he is here.

 

[CanV]

I Definitely understand what you are saying. I will note this down for sure. I just want to know if it is better for him to leave the country and then try to come back after we marry or should we get it done right now since he is here.

Do you realize it could take 6 months to 3 years for him to come back if you sponsor him? You may as well apply for in-land sponsorship. And you if you can't prove you common-law relationship then you need to get married first. And don't send photos as proof of common-law relationship.

 

[Ponga]

Do you realize it could take 6 months to 3 years for him to come back if you sponsor him? You may as well apply for in-land sponsorship. And you if you can't prove you common-law relationship then you need to get married first. And don't send photos as proof of common-law relationship.

She should absolutely include photos (copies) as part of her proof of their relationship!

Photos may not help in proving the Common-Law portion of their conjugal type relationship, but they certainly help to prove that the relationship is genuine.

 

[Alurra71]

Also note that if you send an INLAND application it is absolutely IMPERATIVE that your boyfriend/spouse stop working IMMEDIATELY! If he continues to work he risks being deported/excluded and not getting a PR visa on top of all of that.

Because he is not legally in Canada he will not qualify for the OWP pilot project either.

There are some pretty serious issues and your application is going to take you some time to put together. You really need to head over to the "Family Sponsorship" portion of this forum and read through some of the threads there. You'll be able to ask any questions you might run into and hopefully get yourself settled on what you will need to do to achieve your goals.

Best of luck to you.

 

[canuck_in_uk]

Also note that if you send an INLAND application it is absolutely IMPERATIVE that your boyfriend/spouse stop working IMMEDIATELY! If he continues to work he risks being deported/excluded and not getting a PR visa on top of all of that.

Why do you specify inland? Regardless of whether it's inland or outland, he will have to declare that he worked illegally and will face the risk of removal.

 

[Alurra71]

Why do you specify inland? Regardless of whether it's inland or outland, he will have to declare that he worked illegally and will face the risk of removal.

You are correct, but if he has an Inland application and is removed it will automatically cancel his application and they will loose their fees (if processing has begun). At least if it's an Outland application they may have the ability to overcome his removal and such WITHOUT losing processing fees.

In either case, he really should not be working illegally at all, not if he truly wants to be able to remain in Canada.