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Will I able to go back to Canada via another visa/PR through PR boyfriend/common law sponsorship after working illegally when my PGWP expired?

Jul 25, 2024
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Hi,

I was wondering if there is a chance for me to live again in Canada someday if my PR boyfriend sponsor me?

I am back in my country after working illegally for 3 months but I didn’t get caught. I studied for 1 yr in Canada and obtained PGWP for 1 year after that. Unfortunately, I failed to get a work sponsorship since I decided to not pursue a job related to the certificate I received.
I finished a Medical Office Administration program, but I find the industry very toxic after attending my co-op program and working for another 3 months in hospitals and clinics after I graduated. I went back to hospitality industry as a server/waitress since it pays better with tips and it is less stressful for to me handle diners than grumpy patients on the remaining 6 months validity of my PGWP. My PGWP expired in January 2024. I flew to Mexico a week before the day of its expiration, so when I came back to Canada 10 days after my trip to Mexico, I am just a visitor (eTA). However, I decided to take the risk and still take shifts (part time) since my employer didnt seem know about my visa situation and continue to include in work schedules after I had my holiday.

Last April, I decided to flew back to my country leaving my boyfriend. However, me and my boyfriend are thinking of getting married this year in my country but he still wants to go work in Canada and get a citizenship.

What problems are we about to face in the future once we apply for sponsorship, and how can we resolve this issue?

What steps do I have to take so I can secure a visa or PR in Canada someday?

Thanks in advance to whoever who can kindly answer my questions.
 

armoured

VIP Member
Feb 1, 2015
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What problems are we about to face in the future once we apply for sponsorship, and how can we resolve this issue?

What steps do I have to take so I can secure a visa or PR in Canada someday?
When you apply for the spousal sponsorship, be absolutely open about your overstay and having worked without authorization. (And any other visa refusals or whatever you may have had). Not disclosing everything to IRCC is grounds for a ban on misrepresentation grounds (I think five years). Repeat: disclose everything - that is how you protect yourself from claims of misrepresentation.

You can expect more scrutiny of your file for genuineness of the relationship, etc. But otherwise should be fine to be approved if everything else in order. I believe you and your spouse should be able to prepare and submit the files yourself.

If you're very worried, you might consider hiring or consulting with a Canadian immigration lawyer, either to give you pointers or to confirm the basics (that your overstay/unauthorized work is not a serious problem), or to help in preparing and submitting your file. A short consultation will not be very expensive; acting as your rep for preparing and submitting the app will be, and is probably not necessary.

Two points though: in your case, STRONGLY recommend not using any non-Canadian lawyers or consultants, and if anyone advises you to submit false information - walk away and do not use them, do not listen to them.
 
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