Previously residing illegally in UK - coming to Canada

[rd24]

Hello,

I need some help. I am a Canadian citizen by birth and have been living in the United Kingdom for quite some time now, working as a full time teacher. Last August, I met my partner. The problem is that he is Albanian, and living/working in the UK illegally. He has been here since 2008 and has been working for 5+ years under a different name. He pays taxes and works over 60 hours a week, but we have no proof of this as he does not use his own name.

We are moving to his home country, Albania, in August and we plan to submit an application for family sponsorship from there (to the visa application centre in Italy).

Now, I need help. We plan to be married, and genuine love is not an issue. The issue is that we have no proof of income for him, no bank account statements in his own name. We have been living together since January 2014 and both of our names (his real one) are on our gas and electric and water bills.

I should also mention that before 2008, he attempted to come to the UK without a visa, was caught in Greece, and held in 'jail' for 30 days before being sent back to Albania. So I am not even sure if he has a clean record - though no charges were laid.

Because of all this, I find it hard to be optimistic about the results of our application. We plan to be married sometime after September 2014, but without proof of income, work, bank statements, etc., I just don't know what the best course of action is.

Any help would be greatly appreciated. I do not need to consider the authenticity of our relationship. Love is not the problem. Please help!

 

[commonlawsponsor]

To start off - you don't need to be in Albania to submit an application from there. So don't think you have to move there to submit the application but maybe you are moving there for other reasons.

I think you have a fairly serious problem because he has been illegally in the UK for quite some time. I think if you tell the truth you will have some issues but if you lie and get caught there can be major consequences as well for misrepresentation.

As far as income - they don't ask for proof of income for the applicant, they are more interested in proof of income for the sponsor - yourself, so that you will be able to support yourself and your partner when you move to Canada.

Where you will have problems is his history. They ask for addresses and what he was doing for the past ten years of his life, and some visa offices will eventually ask for a full history since the age of 18. You also need a police clearance certificate for any place you lived in the last 5 years. This is your biggest challenge in my opinion. Lying isn't a good option but telling the truth isn't great either - because they do ask for proof of how that person was legal able to live and work in that country.


Maybe more senior members can offer useful advice but I think you should start getting in contact a lawyer.

 

[aroundwrd99]

Hello,

I need some help. I am a Canadian citizen by birth and have been living in the United Kingdom for quite some time now, working as a full time teacher. Last August, I met my partner. The problem is that he is Albanian, and living/working in the UK illegally. He has been here since 2008 and has been working for 5+ years under a different name. He pays taxes and works over 60 hours a week, but we have no proof of this as he does not use his own name.

We are moving to his home country, Albania, in August and we plan to submit an application for family sponsorship from there (to the visa application centre in Italy).

Now, I need help. We plan to be married, and genuine love is not an issue. The issue is that we have no proof of income for him, no bank account statements in his own name. We have been living together since January 2014 and both of our names (his real one) are on our gas and electric and water bills.

I should also mention that before 2008, he attempted to come to the UK without a visa, was caught in Greece, and held in 'jail' for 30 days before being sent back to Albania. So I am not even sure if he has a clean record - though no charges were laid.

Because of all this, I find it hard to be optimistic about the results of our application. We plan to be married sometime after September 2014, but without proof of income, work, bank statements, etc., I just don't know what the best course of action is.

Any help would be greatly appreciated. I do not need to consider the authenticity of our relationship. Love is not the problem. Please help!

It's better to disclose all the truth because if they find out about his lies on the application, it will be a very serious issue and by doing that; It will be difficult for him to join you in Canada. Plus, when you will file for Outland then you have to write the nearest CIC office where they will process his application.

If he is Illegal then they can; t take his interview in the UK so you will be in problem again. Technically, he must go home.

It's better to go home and apply for Outland and write all the details clearly.

 

[rd24]

To start off - you don't need to be in Albania to submit an application from there. So don't think you have to move there to submit the application but maybe you are moving there for other reasons.

I think you have a fairly serious problem because he has been illegally in the UK for quite some time. I think if you tell the truth you will have some issues but if you lie and get caught there can be major consequences as well for misrepresentation.

As far as income - they don't ask for proof of income for the applicant, they are more interested in proof of income for the sponsor - yourself, so that you will be able to support yourself and your partner when you move to Canada.

Where you will have problems is his history. They ask for addresses and what he was doing for the past ten years of his life, and some visa offices will eventually ask for a full history since the age of 18. You also need a police clearance certificate for any place you lived in the last 5 years. This is your biggest challenge in my opinion. Lying isn't a good option but telling the truth isn't great either - because they do ask for proof of how that person was legal able to live and work in that country.


Maybe more senior members can offer useful advice but I think you should start getting in contact a lawyer.

Thank you very much for your help/opinions. I was considering that as well. I am looking into contacting an immigration lawyer in Canada and will see what comes of that.

 

[commonlawsponsor]

If he is Illegal then they can; t take his interview in the UK so you will be in problem again. Technically, he must go home.

It's better to go home and apply for Outland and write all the details clearly.

I agree that he can't have his interview in the UK but that doesn't mean they have to move to Albania. It just means that if called for an interview he will have to travel to Rome for the interview.

 

[zardoz]

You also need a police clearance certificate for any place you lived in the last 5 years. This is your biggest challenge in my opinion.

That's not quite accurate. They require a Police Clearance Certificate from EVERY country where the applicant has lived for more than 6 continuous months since the age of 18. There WILL have to be one from the UK. Please note that the application form for Western Europe (http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf) has a special section for Albanian residents with is very very detailed on listing their movements etc. You will not be able to avoid detailing the UK stay.

 

[rd24]

[quote author=zardoz
That's not quite accurate. They require a Police Clearance Certificate from EVERY country where the applicant has lived for more than 6 continuous months since the age of 18. There WILL have to be one from the UK. Please note that the application form for Western Europe has a special section for Albanian residents with is very very detailed on listing their movements etc. You will not be able to avoid detailing the UK stay.
[/quote]


Zardoz, how can this be? Since there is no record of him ever being inside the UK, I am not sure how we would be able to obtain a Police Clearance Certificate?

 

[rd24]

That's not quite accurate. They require a Police Clearance Certificate from EVERY country where the applicant has lived for more than 6 continuous months since the age of 18. There WILL have to be one from the UK. Please note that the application form for Western Europe has a special section for Albanian residents with is very very detailed on listing their movements etc. You will not be able to avoid detailing the UK stay.

Zardoz, how can this be? Since there is no record of him ever being inside the UK, I am not sure how we would be able to obtain a Police Clearance Certificate?

 

[commonlawsponsor]

Sorry for my previous error - saying it was only the last 5 years.... Thanks for correcting me Zardoz.


I think this is why you need to contact a lawyer.

 

[zardoz]

Zardoz, how can this be? Since there is no record of him ever being inside the UK, I am not sure how we would be able to obtain a Police Clearance Certificate?

I think that seeing a very good lawyer is now mandatory. Given his nationality, it's likely that the background security checks by CSIS will be VERY thorough. If they find something that you didn't declare.....