PLEASE HELP! CIC REQUEST!

[Oel]

Hello Everyone!

I have applied for my PR on December, 2013 and my spouse is my dependent. Last week (December 23,2014) I received the following request from CIC about my spouse status.

''This is in reference to your application for permanent residence in Canada. In order for us to continue the processing of your application, we require the following documents:
Client Information: You indicated in your Schedule A being a worker in Canada since 2006, without legal status. Please submit an explanation letter as to why you do not regularize your status in Canada''

My wife has checked all the possibilities to regularize her status and unfortunately there is nothing to be done at that time so she stayed without status for all these years. I am surprise with this request, because we consulted quite a few lawyers and all of them have told us that I have the right to sponsor my wife under the CEC.

Here is my timeline for your reference and any suggestions on how should I reply to CIC would be much appreciated.

App Filed: Dec. 19,2013.
AOR Received: Feb. 10,14
MR: Waiting


Thanks a lot guys,

 

[scylla]

Send a letter providing a detailed explanation of why your wife fell out of status and why you were unable to restore her status.

 

[Oel]

SCYLLA,

Thanks for your prompt reply. I contacted my immigration lawyer regarding this request and its the first time that he has to deal with a request like this. He doesn't understand why the VO is requesting this explanation 1 year after I have applied.

I have few doubts on how should I write this letter to explain my wife's situation. Should I go straight to the point or should I write an emotional letter? This might seems a stupid question but our future depends on this application and any help or tips are welcome.

More doubts:

- If they accept my explanation letter, does it mean that both of us are good to go to the next step of the process (MR,etc.)?
- Is it possible that the immigration might ask my wife to leave Canada and wait at our home country? Even though we are married for 2 years?
- If they ask her to leave Canada, can they still consider only my application (without a dependent)?
- Do you think this is a case to look for my MP?

I AM DESPERATE. MY CLOCK IS TICKING...

 

[jes_ON]

He doesn't understand why the VO is requesting this explanation 1 year after I have applied.

Really? Your immigration lawyer doesn't understand why CIC might have questions about your wife working illegally for 3 years? Really?

I have few doubts on how should I write this letter to explain my wife's situation. Should I go straight to the point or should I write an emotional letter? This might seems a stupid question but our future depends on this application and any help or tips are welcome.

Your future also depended on observing immigration regulations and not breaking the law. Working without authorization can lead to criminal charges, deportation, and inadmissibility.

http://www.cbsa-asfc.gc.ca/media/prosecutions-poursuites/nor/2012-08-22-eng.html

I am sympathetic about accidental lapses, but your post makes it clear it was not accidental, and it sound like "So it was too hard to get a work permit, so she just decided to keep working illegally, so what's the big deal?" So frankly, her letter of explanation to CIC had better have a different tone, one that recognizes the seriousness of the offense.

If your wife is found inadmissible, then you might be, too. You think your MP is going to have sympathy for such a flagrant violation of immigration rules? I doubt it. You might want to think about finding a new lawyer.

 

[dream_hunter]

Hello Everyone!

I have applied for my PR on December, 2013 and my spouse is my dependent. Last week (December 23,2014) I received the following request from CIC about my spouse status.

''This is in reference to your application for permanent residence in Canada. In order for us to continue the processing of your application, we require the following documents:
Client Information: You indicated in your Schedule A being a worker in Canada since 2006, without legal status. Please submit an explanation letter as to why you do not regularize your status in Canada''

My wife has checked all the possibilities to regularize her status and unfortunately there is nothing to be done at that time so she stayed without status for all these years. I am surprise with this request, because we consulted quite a few lawyers and all of them have told us that I have the right to sponsor my wife under the CEC.

Here is my timeline for your reference and any suggestions on how should I reply to CIC would be much appreciated.

App Filed: Dec. 19,2013.
AOR Received: Feb. 10,14
MR: Waiting


Thanks a lot guys,

I really feel bad about the stupidity you and your wife did on your CIC application.
I understand that she was out of status, but how did she even work without a status? I mean her SIN was expired, so I assume she was working under the table.
If this is the case then you could just hide it from CIC as there is no record of the work, unless she files tax every year but I doubt that.
So in the last three years she was never contacted to leave the country as she was out of status? That amuses me.

I would never include her on my application as she has no status in Canada.
If I were you, I would get my PR and apply for her after.

Now what to do?

1. Hire a new lawyer who is specialized in both immigration and criminal law.
2. Write a good explanation why she stayed without status and kept working!
3. Ask CIC what should be your next step?

I really feel sorry for you and wish you good luck!

keep us updated.

 

[seton]

I agree with Jes - I am surprised that your lawyer found the request surprising.

Under the CEC rules, the principal applicant can be deemed inadmissible if a dependent (including spouses) are inadmissible. Working illegally is grounds for inadmissibility. There are only 2 exceptions for the CEC class, a separated spouse or a dependent child. Otherwise, what your wife did does have bearing on your application. This is different from the family class sponsorship where the inadmissibility of a spouse does not matter.

I would recommend seeking an experienced lawyer who has dealt with similar cases in the past.