Very Unusual situation/married for 8 years doing outland

[othmanandfaye]

Hi guys,

I combed through this forum hoping to come across an issue similar to mine but in vain.  Here is my situation i have been married for 8 years ran out out of status in 04 continued going to college graduating in april, i recently hired an attourney and he advised me not to stop school and to be 100% honest with the immigration and he suggested doing an outland application becaus he "can get me landed" faster in his own words, also because we did not have a ceremony (got married at the age of 20 young and broke still am lol) we could not afford a ceremony now everyone from her family is coming to Morocco for that (her parents,cousins,friends).  In addition to that we have lived together throughout except for small friction ot time where we couldnt affort living together and she had to move to her parents and me get a roomate and she was sending me money via western union (still got the receipts), Just wanted to ask you what u think my chances are as the lawyer kept saying you will be ok?

Thx for the insight ladies and gents!!!

[RobsLuv]

In order to be approved for permanent status you must convince the IO assessing your application that the relationship is genuine and is not one entered into to facilitate your entry to Canada.  Considering the fact that you've been married for 8 years, that shouldn't be too hard to do.  It does not matter that you did not have a big wedding ceremony.  That proves nothing as far the genuine nature of a relationship - it only proves that you once had money and probably don't anymore.   So forget about that.  It also doesn't matter whether you've lived together throughout, or not - living together is not a requirement for spousal applicants.  You only have to prove cohabitation if you are applying as common-law partners.

If you apply outland through Morocco you can expect it to take 4-7 months (plus 4-6 weeks for sponsor approval at CPC-Mississauga) to finalize the application and get your PR visa.  Your situation really isn't all that unusual - the most important thing you need to resolve is still the working/schooling in Canada when you lost your temporary status 4 years ago.  There is no way you can get status again without leaving Canada.   

[othmanandfaye]

we have no problem leaving and coming back especially my wife that supported me to go to school and the plan was for mte to do the same thing once i graduate i hope they r not gonna make her wait long or deny my entrance back to canada!! rubs love if i dont work we r not gonna be able to eat, and my wife donest have a career yet because she had to drop out of college so i can finish and reverse the process so she can go but now we had to go back to morocco and deal with this, just worried that they will refuse us like how they did before 03 we had many missing documents tho nothing at all did application on our own did not know anything about appealing nor other immigration loops so we decided to live peacefully until this has come again it is just a big setback in our life and i pray for my self and everyone out there suffering

[othmanandfaye]

Anyone's feedback is really appreciated

[RobsLuv]

If you have no problem leaving and coming back when you get PR, then do it!  I understand your situation - but, to be brutally honest, CIC will not care that your family can't eat if you don't work.  You're not authorized to work (or go to school) in Canada - and they will deport you if they find out!

So, go back to Morocco and wait out the process there.  I'm sure you're able to work there legally - you can support your family and, hopefully, your PR won't take too long and you'll be back in Canada able to work legally and get on with life.  It just makes no sense that you keep saying you're so worried they will refuse you, and yet you continue to do something that completely jeapordizes everything you're saying you want so badly.  Don't you realize that working/studying illegally makes you ineligible for PR?

You have to forget what's happened up until now, stop feeling like a victim, and do it right so that your family can be together and prosper.  You're the only one who can make that happen - but you have to take the first steps.  The process is really pretty straight forward . . . you're complicating it by involving too many other issues - and that's based in a fear you're creating for yourself by trying to find a loophole somewhere.  There aren't any.  The plain truth is that you can't work or go to school in Canada until after you have Permanent Status.  That's no different from any other foreign national in Canada who does not have a special work or study permit.  If you can't get a permit to work or study in Canada, and your family can't get by without you working, then you need to leave Canada and support them with money you earn in your home country.  Once you have PR, then you have the right to support your family in Canada.  If that's what you really want, stop putting that at risk while you continue to justify all the reasons it should be okay for you to break the law. 

I apologize for being harsh - but our family is struggling financially, too, and I know how stressful it is.  I've been here for over two years waiting for our PR to be approved, and then CIC screwed up and found me inadmissible - unjustifiably and in violation of the IRPA and Regulations - and now we've had to wait an additional year for an appeal hearing, and then we'll have to wait for our application to be reprocessed, which will take at least another six months after the appeal is allowed.  I can't work either - but I know that if it gets to the point that I have to work so that we can get by, I've gotta go home to do it.  There is no other choice because, ultimately, me working here in Canada when I'm not authorized to do so puts our future together at risk.  There is no way around it.  CIC is not forcing you or me to stay here - so we can't expect them to accept excuses from us that our family just can't survive financially unless we work illegally.  CIC has no obligation to us, so we only screw ourselves, and our family, when we don't play by their rules.   

[med]

goodluck for both of you Robsluv and Othman , its really a sad story but it will end up in a very happy ending all it takes it patience .