help.. complicated issues

[dimsum]

my GF is canadian and she quit her job in montreal to be with me in toronto.
we have lived together since Feb, 2007. lots going on during the time..
we have a 6 months old baby girl together. she was discovered breast-cancer few months ago and lots time spent in hospital.
initially we were going to move to my home country(China) but that has postponded..

for me, I has overstayed my student visa for a year and worked without a permit(i worked at a place using my expired sin number).  have to support the family..
   
am I eligiable to apply for immigration (legal issue, her being out of job)?
if so, we didn't plan for the sponsorship so no join account and things like that. how do we approve that we are in common-law?

your help greatly appreciated,

James.

[Gdaymate]

Hi James

I can answer only two points for you: -

1).  You partner does not need a job to be able to sponsor you however she cannot be receiving any form of social assistance other than for disability.

2).  To qualify as common-law you must have lived together for at least 12 months so therefore you will not be eligible under this category until after February 2008.

As you point out, you have a legal issue here (working without a permit) and if you have been using an expired SIN it seems likely that CIC will uncover this fact during background checks. 

I'm not a lawyer and I haven't read any postings on a similar situation so I can't advise you as to what possibilities, if any, are open to you.

If no-one else on the forum can help you, I'd seek legal advice ASAP.

Good luck.

[dimsum]

thanks for the reply, Gdaymate.

the FAQ on cic.gc.ca seems to address my issue somewhat:

If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class?  If yes, how do I apply?

Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada.

http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq02.asp

but i agree that the best thing is to seek legal advice.

not sure if it is against the rule here.. i am wondering if someone can recommend a reputable lawyer in toronto?

[Gdaymate]

You're welcome.

Yes I knew there were exceptions that would let you apply but I'm not sure how that works once your application is actually being processed.  That is, I doubt that they'll let you keep working illegally once they know about it, and it sounds like this will cause problems if you are the family breadwinner.  I think that's where the legal advice will be most helpful for you.

Sorry, no clue about lawyers in Toronto.