Sponsoring spouse with out of status in the

[ae03yy]

I’m wondering what you are recommending for my spouse sponsorship. I’m Canadian and married to my childhood sweetheart after more than 20yrs apart. He works underground in the with an expired visitor visa. We are debating on whether to get an immigration lawyer or file ourselves so we can be together, at last.

A) Is it possible to apply ourselves for spouse sponsorship and be successful? What are the story and experience with those that did so ?
B) Is there any chance that if we apply and find out that things are spicy enough, we could then get a lawyer? What is your experience with adding a representative afterwards?
C) Should we use the services of law firm like Cohen ?

I have good knowledge of the immigration process as a whole, would prefer to apply ourselves. However, the only thing I have limited information is regarding the fact that my spouse is out of status and working illegally in and the impact on the application!? So I am asking for everyone to pinch in their unique experiences to help us decide.
Thank you in advance. Andy

 

[canuck78]

I’m wondering what you are recommending for my spouse sponsorship. I’m Canadian and married to my childhood sweetheart after more than 20yrs apart. He works underground in the with an expired visitor visa. We are debating on whether to get an immigration lawyer or file ourselves so we can be together, at last.

A) Is it possible to apply ourselves for spouse sponsorship and be successful? What are the story and experience with those that did so ?
B) Is there any chance that if we apply and find out that things are spicy enough, we could then get a lawyer? What is your experience with adding a representative afterwards?
C) Should we use the services of law firm like Cohen ?

I have good knowledge of the immigration process as a whole, would prefer to apply ourselves. However, the only thing I have limited information is regarding the fact that my spouse is out of status and working illegally in and the impact on the application!? So I am asking for everyone to pinch in their unique experiences to help us decide.
Thank you in advance. Andy

Yes you can sponsor someone who is out of status. They should stop working illegally right away. After you apply they will be on CBSAs radar and may be contacted.

 

[Ponga]

Yes you can sponsor someone who is out of status. They should stop working illegally right away. After you apply they will be on CBSAs radar and may be contacted.

How will he be on CBSA's radar by applying for spousal sponsorship? Besides, depending on when he entered Canada, he may already be on their radar, if the `Overstay' monitor is now in place:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/entry-exit.html

Entry and exit data can be used to identify whether a foreign national has previously exceeded their authorized period of stay in Canada.


Overstay monitoring begins upon a traveller’s entry into Canada and ends upon their exit. If the client has overstayed their visit, CBSA will indicate this “overstay indicator”, and it will appear as a checked box in GCMS once queried.


Once a sufficient number of air carriers are on-boarded (targeting November 2022 as latest date), overstay indicators will begin appearing within the Entry/Exit search results for temporary residents who have overstayed their allowable time in Canada. This will prompt IRCC officers to make an informed determination on select temporary residence applications.
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HOWEVER...since the requirement for an applicant to have legal status in Canada is waived, because of a Public Policy with an Inland (SCPLC) application, it would appear that this applicant would not be punished for their overstay...or even for working without authorization. A person with `Lack of status' has previously been one that has visited, studied or worked without authorization. If that is still the case, even those this applicant ticks 2 of those boxes, it doesn't [appear] to mean that the second `tick' would disqualify him from benefiting from the Public Policy for Inland applicants.

If the `out of status' and working without authorization are the only `red flags', I would say that the applicant(s) do not need to use a lawyer. They DO have to be 100% honest about everything in their applications, including disclosing the unauthorized work. Failure to do so, would not be good as misrepresentation

 

[canuck78]

How will he be on CBSA's radar by applying for spousal sponsorship? Besides, depending on when he entered Canada, he may already be on their radar, if the `Overstay' monitor is now in place:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/entry-exit.html

Entry and exit data can be used to identify whether a foreign national has previously exceeded their authorized period of stay in Canada.


Overstay monitoring begins upon a traveller’s entry into Canada and ends upon their exit. If the client has overstayed their visit, CBSA will indicate this “overstay indicator”, and it will appear as a checked box in GCMS once queried.


Once a sufficient number of air carriers are on-boarded (targeting November 2022 as latest date), overstay indicators will begin appearing within the Entry/Exit search results for temporary residents who have overstayed their allowable time in Canada. This will prompt IRCC officers to make an informed determination on select temporary residence applications.
---

HOWEVER...since the requirement for an applicant to have legal status in Canada is waived, because of a Public Policy with an Inland (SCPLC) application, it would appear that this applicant would not be punished for their overstay...or even for working without authorization. A person with `Lack of status' has previously been one that has visited, studied or worked without authorization. If that is still the case, even those this applicant ticks 2 of those boxes, it doesn't [appear] to mean that the second `tick' would disqualify him from benefiting from the Public Policy for Inland applicants.

If the `out of status' and working without authorization are the only `red flags', I would say that the applicant(s) do not need to use a lawyer. They DO have to be 100% honest about everything in their applications, including disclosing the unauthorized work. Failure to do so, would not be good as misrepresentation

When applying for sponsorship you are basically flagging yourself as being without status in Canada and giving CBSA your current address. When people apply for sponsorship while out of status they put themselves on the radar again. CBSA doesn’t do a great job monitoring people who are living without status in Canada unless they have a serious criminal record. CBSA also won’t have a current address on file for people without status especially if they arrived over 20 years ago. When you apply for sponsorship as someone without status you’re at risk of having CBSA contact you, you having to report to them and even them attempting to remove you although this can often be put on hold until the outcome of a sponsorship application. If CBSA becomes involved I would suggest hiring a lawyer.

 

[Ponga]

When applying for sponsorship you are basically flagging yourself as being without status in Canada and giving CBSA your current address. When people apply for sponsorship while out of status they put themselves on the radar again. CBSA doesn’t do a great job monitoring people who are living without status in Canada unless they have a serious criminal record. CBSA also won’t have a current address on file for people without status especially if they arrived over 20 years ago. When you apply for sponsorship as someone without status you’re at risk of having CBSA contact you, you having to report to them and even them attempting to remove you although this can often be put on hold until the outcome of a sponsorship application. If CBSA becomes involved I would suggest hiring a lawyer.

But how do you know that CBSA even sees the information in the application?

Again, the Public Policy (that is still in place) means that CBSA will not usually do anything unless the applicant does not meet the eligibility requirements, IF they applied via an Inland application.

I do agree that if CBSA initiates contact, it would be wise to seek legal assistance.

 

[falcon500]

I heard good amount of people that were out of status for many years. They did have no criminal record. They were just out of status for a decade.

They got married and approved for spousal sponsorship.

As others mentioned, as long as you have not involve with any crime, you should be OK. But I won't expect a quick turn around though.

 

[ae03yy]

Thank you for the prompt replies guys. It’s very appreciated!!! For the records, my spouse (PA) is outland. His out of status in the country of Uncle Sam.

 

[Ponga]

Thank you for the prompt replies guys. It’s very appreciated!!! For the records, my spouse (PA) is outland. His out of status in the country of Uncle Sam.

Ok...that's a big problem for him, there.

 

[scorpiomailin]

I have seen one case like this before but that was with my buddy who married a girl in the US, she was out of status. He did do a lawyer and he was able to sort this out, he had to go get married in the US and then apply from here, they were saying she had to go back to her home country but some how lawyer was able to handle that I do not know the full details but I can find out if you DM me.

 

[ae03yy]

I have seen one case like this before but that was with my buddy who married a girl in the US, she was out of status. He did do a lawyer and he was able to sort this out, he had to go get married in the US and then apply from here, they were saying she had to go back to her home country but some how lawyer was able to handle that I do not know the full details but I can find out if you DM me.

Please can you let me know more. I’m understanding that things have changed so much but yes we got married in the US too. Will DM you when I get off work cause I’m starting in a few minutes. Thank you so much in advance

 

[Ponga]

I’m wondering what you are recommending for my spouse sponsorship. I’m Canadian and married to my childhood sweetheart after more than 20yrs apart. He works underground in the with an expired visitor visa.

When did his visa expire?

https://jlkattorneys.com/faq/will-i-be-penalized-if-i-overstay-us-visa/

Will I be penalized if I overstay a U.S. visa? If you overstay a U.S. visa, you may be subject to various penalties, including, but not limited to:

• Not being able to come back to the U.S. for 3 to 10 years, depending on how long you overstayed.

The penalty will depend on how long you overstayed. For example, if you overstay for 180 days or more, but less than one year, then you will be barred from coming back to the U.S. for three years once you depart the U.S. However, if you overstay for more than one year, you will be barred for ten years.


Further, if you stay in the U.S. for more than one year (even if it is not continuous, but rather in the aggregate), then try to enter without inspection, then you will be permanently banned from entering the U.S., potentially for life.
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That last part means that he should NEVER re-enter the U.S. by circumventing a legal PoE, unless he wants a [potential] lifetime ban.

 

[ae03yy]

When did his visa expire?

https://jlkattorneys.com/faq/will-i-be-penalized-if-i-overstay-us-visa/

Will I be penalized if I overstay a U.S. visa? If you overstay a U.S. visa, you may be subject to various penalties, including, but not limited to:

• Not being able to come back to the U.S. for 3 to 10 years, depending on how long you overstayed.

The penalty will depend on how long you overstayed. For example, if you overstay for 180 days or more, but less than one year, then you will be barred from coming back to the U.S. for three years once you depart the U.S. However, if you overstay for more than one year, you will be barred for ten years.


Further, if you stay in the U.S. for more than one year (even if it is not continuous, but rather in the aggregate), then try to enter without inspection, then you will be permanently banned from entering the U.S., potentially for life.
---

That last part means that he should NEVER re-enter the U.S. by circumventing a legal PoE, unless he wants a [potential] lifetime ban.

He is out of status for a good 3yrs now.

 

[Ponga]

He is out of status for a good 3yrs now.

Yikes! If CBP knows this, he'll be banned from entering the U.S. for at least 10 years.

You DO have to disclose this in the PR application.

 

[ae03yy]

Yikes! If CBP knows this, he'll be banned from entering the U.S. for at least 10 years.

You DO have to disclose this in the PR application.

We’re aware of the challenges ahead. We only want togetherness life. I’m not worried about the US ban.
What we are looking for is to know folks who tried applying with no legal assistance and succeeded. I’m looking at learning more about their experience and maybe building up a support system of some sort.

 

[Ponga]

We’re aware of the challenges ahead. We only want togetherness life. I’m not worried about the US ban.
What we are looking for is to know folks who tried applying with no legal assistance and succeeded. I’m looking at learning more about their experience and maybe building up a support system of some sort.

There have been MANY that have successfully navigated the process, thanks in large part to these forums. Continue to ask questions.
Again, if the ONLY real issue that you're concerned with is his overstay and working illegally in the U.S., you can address those issues without needing legal help, IMHO. The most important part is being 100% truthful (and some would also say to show remorse, on his part, for not abiding by the rules in the U.S.).

Having said that...

The most important piece in your puzzle, is YOU being approved as his sponsor. Without an approved sponsor, a PR applicant (under the Family Class stream) would not qualify for PR...obviously.

Second, is the assessment of your marriage. If you have proof that it [appears] to be genuine, that's the next critical piece.

Lastly, is his security, background and inadmissibility checks.

The `issues' he has in the U.S. should not derail your sponsorship application...UNLESS...He was out of status when you got married. If that's the case, IRCC could possibly see that as something to investigate. If he was out of status and working illegally, he may not have had any way to remain in the U.S. and, not wanting to return to his home country...decided to have you sponsor him for PR in Canada. Now, I am NOT saying this to offend you; only showing what IRCC could suspect if he was already out of status when you got married.

If he is your childhood sweetheart, you undoubtedly have some history of your romantic relationship prior to getting married (not talking about passing notes to each other in grade 7, LOL!). That history could be very important to IRCC. Unless things have changed, a spousal sponsorship applicant usually writes and includes a narrative, detailing their` story' with their sponsor. Make it powerful and truthful!