Unauthorized work on visitor status and visitor record extension

[Canada sponsorship]

Hello everyone, I need some help regarding spousal sponsorship.We have been married for few months now and we just got our marriage certificate. My wife is applying for inland spousal sponsorship for me.
I had few questions. My pgwp expired in the summer and I worked couple months on cash job (on visitor record)and I want to come clean to ircc and I will be eligible under public policy which will render me admissible. I am not working the cash job anymore.
My visitor record expires next month and I don't think we will be able to apply for sponsorship before my visitor record expires. Will disclosing cash work in visitor record extension application cause any problems since I will be extending that before applying for spousal sponsorship for us.
I hope I could get any advice regarding this since we will be applying without a representative.
Thank you in advance for anyone willing to help.

 

[Canada sponsorship]

Please help if you can
@scylla
@Ponga
Thank you so much

 

[Ponga]

Hello everyone, I need some help regarding spousal sponsorship.We have been married for few months now and we just got our marriage certificate. My wife is applying for inland spousal sponsorship for me.
I had few questions. My pgwp expired in the summer and I worked couple months on cash job (on visitor record)and I want to come clean to ircc and I will be eligible under public policy which will render me admissible. I am not working the cash job anymore.
My visitor record expires next month and I don't think we will be able to apply for sponsorship before my visitor record expires. Will disclosing cash work in visitor record extension application cause any problems since I will be extending that before applying for spousal sponsorship for us.
I hope I could get any advice regarding this since we will be applying without a representative.
Thank you in advance for anyone willing to help.

This is a tough one. I will offer my suggestion, but hopefully others will chime in as well.

You must answer truthfully to any question(s) asking if you worked without authorization. This includes questions in your VR extension application, should you apply to extend your visitor status.

The Public Policy that waives the requirement for legal status (as well as `forgives' working, or studying without authorization), is only for the SCPLC (Inland spousal sponsorship). If you volunteer that information in your VR application, it may lead to a denial of your visitor status, but again...disclose the info if you are asked!

Good luck!

 

[Canada sponsorship]

This is a tough one. I will offer my suggestion, but hopefully others will chime in as well.

You must answer truthfully to any question(s) asking if you worked without authorization. This includes questions in your VR extension application, should you apply to extend your visitor status.

The Public Policy that waives the requirement for legal status (as well as `forgives' working, or studying without authorization), is only for the SCPLC (Inland spousal sponsorship). If you volunteer that information in your VR application, it may lead to a denial of your visitor status, but again...disclose the info if you are asked!

Good luck!

Thank you for your response ponga.
Let's say I apply for SCPLC before visitor record expiry and apply for work permit based on SCPLC before visitor record expiry.
Will my work permit be refused and need to re apply after AIP stage.
Will I get work permit before AIP stage?
Or will my work permit approved after AIP stage?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

This website says if I have temporary status I can apply for work permit but doesn't say if I use policy a25 to become admissible or use it for unauthorized work "forgiveness"

But on policy website itself it says this

"These requirements consist of:

A determination that the sponsor meets eligibility requirements including having submitted a valid sponsorship;
A bona fide relationship; and
Cohabitation with the sponsor.
Once applicants are determined to meet these criteria, they are eligible to apply for work and study permits."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#:~:text=These requirements consist,and study permits..



I don't have clarity based regarding that.

Thank you so much for your response.

 

[Ponga]

Thank you for your response ponga.
Let's say I apply for SCPLC before visitor record expiry and apply for work permit based on SCPLC before visitor record expiry.
Will my work permit be refused and need to re apply after AIP stage.
Will I get work permit before AIP stage?
Or will my work permit approved after AIP stage?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

This website says if I have temporary status I can apply for work permit but doesn't say if I use policy a25 to become admissible or use it for unauthorized work "forgiveness"

But on policy website itself it says this

"These requirements consist of:

A determination that the sponsor meets eligibility requirements including having submitted a valid sponsorship;
A bona fide relationship; and
Cohabitation with the sponsor.
Once applicants are determined to meet these criteria, they are eligible to apply for work and study permits."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#:~:text=These requirements consist,and study permits..



I don't have clarity based regarding that.

Thank you so much for your response.

Again, I am not privy to the questions that are asked in the VR application, but if one of the them asks if you have worked without authorization, you would have to answer truthfully.
If that is an automatic denial parameter, you would then need to wait until you reach AIP to apply for the OWP but would be without legal status in Canada for the duration of the PR application process.

While the Public Policy waives the `requirement' to have legal status for an Inland applicant, it is NOT a guarantee that a person can remain in Canada. CBSA has been know to be less than aggressive in this regard, but just know that it's not a true guarantee.

If your primary concern is getting the OWP ASAP, you should apply to renew your VR. This will give you `Maintained Status' (formerly known as Implied Status) whilst the VR renewal application is being processed. Since you stated that it is unlikely that you can submit the SCPLC before your VR expires, you probably wouldn't receive AIP for at least a few months.

Remember that the Public Policy seems to only pertain to a person that has submitted the SCPLC, so I encourage you to get the sponsorship application in ASAP!!

 

[forevermore76]

Hello everyone, I need some help regarding spousal sponsorship.We have been married for few months now and we just got our marriage certificate. My wife is applying for inland spousal sponsorship for me.
I had few questions. My pgwp expired in the summer and I worked couple months on cash job (on visitor record)and I want to come clean to ircc and I will be eligible under public policy which will render me admissible. I am not working the cash job anymore.
My visitor record expires next month and I don't think we will be able to apply for sponsorship before my visitor record expires. Will disclosing cash work in visitor record extension application cause any problems since I will be extending that before applying for spousal sponsorship for us.
I hope I could get any advice regarding this since we will be applying without a representative.
Thank you in advance for anyone willing to help.

If there is no record of employment or anyway for CRA to know, there is no way for IRCC to know. Immigration fraud has its consequences but only when known. The current system is flawed so you are better off not mentioning the illegal work. Why expose yourself to risk when you know you have pulled it successfully.

 

[Canada sponsorship]

Again, I am not privy to the questions that are asked in the VR application, but if one of the them asks if you have worked without authorization, you would have to answer truthfully.
If that is an automatic denial parameter, you would then need to wait until you reach AIP to apply for the OWP but would be without legal status in Canada for the duration of the PR application process.

While the Public Policy waives the `requirement' to have legal status for an Inland applicant, it is NOT a guarantee that a person can remain in Canada. CBSA has been know to be less than aggressive in this regard, but just know that it's not a true guarantee.

If your primary concern is getting the OWP ASAP, you should apply to renew your VR. This will give you `Maintained Status' (formerly known as Implied Status) whilst the VR renewal application is being processed. Since you stated that it is unlikely that you can submit the SCPLC before your VR expires, you probably wouldn't receive AIP for at least a few months.

Remember that the Public Policy seems to only pertain to a person that has submitted the SCPLC, so I encourage you to get the sponsorship application in ASAP!!

When I sent that post, I was still waiting for marriage certificate due to Canada Post strike.
But it appears it will come before VR expiry. I thought it won't come before VR expiry.

I have already started the SCPLC process and will apply for SCPLC along with OWP since I will be applying within 2 weeks of expiry of VR.

So I understand that you said I will be in a better position as I can pertain to public policy if I apply before VR expiry.

What do you think will be implications if I applied for WP along with SCPLC before VR expiry?
Will wp be denied as well since unauthorized work and I will have to wait till AIP stage?
I will have legal status but will still be using A25 policy.

 

[armoured]

What do you think will be implications if I applied for WP along with SCPLC before VR expiry?

Assuming you are referring to the WP under spousal sponsorship, you have to wait for AOR before applying for the work permit.

 

[Canada sponsorship]

Assuming you are referring to the WP under spousal sponsorship, you have to wait for AOR before applying for the work permit.

Hello, it says I can apply if my status expires in 2 weeks on date of applying the WP.

"Who’s eligible to apply for a work permit without an AOR
You can only apply for a work permit without an AOR if you meet both of the following criteria:

your work permit, study permit or temporary resident status will expire in 2 weeks or less and
you’ve applied for permanent residence under one of the following classes:
the spouse or common-law partner in Canada class (SCLPC) as a spouse or common-law partner"

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html#:~:text=Who’s eligible to apply for a,a spouse or common-law partner