Canadian Marrying Immigrant on Overstayed Visa

[BabyCat]

Yes - you're right. As long as the relationship is genuine, the application process may very well go quite smoothly. I do expect they will look at the relationship more closely given how long he's been here without status and it's possible he may be called to an interview. However as previously mentioned, the relationship is quite a long one with your daughter which will support a positive outcome to sponsorship (IMO).

The reality is that your daughter is an adult and old enough to make her own decisions. Unfortunately it sounds like she has chosen to be in a relationship with someone who is a user/jerk. That's her choice and it isn't IRCC's role to relationship babysit.

Not a question of IRCC relationship baby sitting. More a question of Canada's screwed up immigration laws allowing illegal immigrants flaunting our immigration laws to stay in Canada if they can hoodwink a Canadian girl into marrying them. Alex doesn't belong in Canada. His whole application was a giant lie. Why doesn't Canada send him packing? He should be expelled, banned from Canada for at least a year, and then if Sarah wants to undertake an outland spousal sponsorship after a year... they can have at it.

Why does a marriage cancel out flaunting the law?

 

[scylla]

canuck_in_uk

Ya... you are right. It's true... my daughter is making her own bad choices. I have spent countless hours talking to my daughter about her bad choices, which hasn't gotten me anywhere. I have been trying to talk up the immigration problems, headaches, and stress she is setting herself up for, and came here to get some facts. Only to learn that she probably won't have much of a problem getting this guy PR status through an inland spousal sponsorship... as long as he isn't caught before the wedding date.

But since CIC knows where he is, knows he had very, very limited funds when arriving and has to be working... there seems very little chance that he will be caught... as long as he doesn't commit a major crime between now and then.

I apologize if I am whining a little bit... just doing a bit of venting. Been a very, very frustrating week with this engagement announced on Valentine's Day.

BabyCat

The chances CBSA will come after him on their own are likely close to nil. Of course if you report him, that could change things.

Good luck. Tough situation. While your daughter is an adult and old enough to make her own decisions - I remember being that age and could slap myself for some of the decisions I made back then.

 

[BabyCat]

She doesn't have the maturity or understanding of immigration to see through it. Alex would not be able to pull this off within the Polish community. That's why he proposed to other Canadian girls. He wants someone who doesn't know the system. At the end of the day, love, or the illusion of it, makes people do stupid things. Youth compounds that.

I question whether he's just in it for PR because he's stuck around for four years but because I know for a fact that that Polish men are notoriously stingy he will likely continue to take what he can get from her. Do you know of any gifts that he's given her over the years?

Yam Power,

I think you are dead on the money. We have ZERO personal experience with immigration. My family has been in Canada since before Canada was a country. Alex probably couldn't pull this off within the Polish community. They'd see through it in a second. And I can't think of anything that Alex has ever really given Sarah. I know what you are saying about the 4 years... but she is always buying him stuff, driving him places, arranging things... the guy has it made. And who knows if Sarah is the only girl he is seeing. They have only been dating 3 years now... will be 4 years when his passport expires. But they are in a power struggle... he wanted to get engaged after 3 months... she has been resisting. Finally he found someone to sign for a loan to buy a ring, because he was tired of waiting, and wants to move the game along. And now I am scouring immigration boards to try and understand where Sarah stands.

Your input is really appreciated. Thanks!

 

[ryester]

canuck_in_uk

Ya... you are right. It's true... my daughter is making her own bad choices. I have spent countless hours talking to my daughter about her bad choices, which hasn't gotten me anywhere. I have been trying to talk up the immigration problems, headaches, and stress she is setting herself up for, and came here to get some facts. Only to learn that she probably won't have much of a problem getting this guy PR status through an inland spousal sponsorship... as long as he isn't caught before the wedding date.

But since CIC knows where he is, knows he had very, very limited funds when arriving and has to be working... there seems very little chance that he will be caught... as long as he doesn't commit a major crime between now and then.

I apologize if I am whining a little bit... just doing a bit of venting. Been a very, very frustrating week with this engagement announced on Valentine's Day.

BabyCat

Go with the suggestion of canuck_in_uk before the mistake causes any irreversible harms. It is the CBSA who cares more about the illegal status than IRCC. If your daughter still wants to marry Alex after he pays off his "debt", it is her choice.

 

[BabyCat]

The other major issue that both you and Sarah need to weight heavily is that once Alex gained PR status, your daughter will be financially responsible to pay back any social assistance that Alex might get for 3 years. Not even a divorce will relieve Sarah from this responsibility. Well, what I am saying is that from what you described here about this "Alex", there probably would be a fat chance that he would be a huge burden for your daughter. If Sarah was my daughter, I would try everything within my power to stop this nonsense.

Thanks Miraclejj... I will definitely pass that information on. Of course, as far as Sarah is concerned, this relationship was destined from eternity, and the chance of divorce is 0.0000%. But definitely useful to keep in mind.

I don't believe I have the powers of an Oracle, so I tell Sarah that it is her decision to marry whoever she wants. I am just begging her to delay, delay, delay... and not rush into this at 23.

BabyCat

 

[YamPower]

Yam Power,

I think you are dead on the money. We have ZERO personal experience with immigration. My family has been in Canada since before Canada was a country. Alex probably couldn't pull this off within the Polish community. They'd see through it in a second. And I can't think of anything that Alex has ever really given Sarah. I know what you are saying about the 4 years... but she is always buying him stuff, driving him places, arranging things... the guy has it made. And who knows if Sarah is the only girl he is seeing. They have only been dating 3 years now... will be 4 years when his passport expires. But they are in a power struggle... he wanted to get engaged after 3 months... she has been resisting. Finally he found someone to sign for a loan to buy a ring, because he was tired of waiting, and wants to move the game along. And now I am scouring immigration boards to try and understand where Sarah stands.

Your input is really appreciated. Thanks!

LOL, he's not going to pay back that ring loan.

Has she taken out any loans for him?

If he's been working for 4 years he will have saved lots of money (unless he's using it for something else). Rings don't need to be expensive.

What is his living situation now? Is he living in a shared place in Roncesvalles by chance? I know there are very cheap apartments for rent there and they are only advertised in Polish community newsletters. My Polish co-worker was paying $550 per month for a 1 bedroom apartment above a restaurant. He moved a few months ago because they had a baby and bought a house.

 

[canuck78]

LOL, he's not going to pay back that ring loan.

Has she taken out any loans for him?

If he's been working for 4 years he will have saved lots of money (unless he's using it for something else). Rings don't need to be expensive.

What is his living situation now? Is he living in a shared place in Roncesvalles by chance? I know there are very cheap apartments for rent there and they are only advertised in Polish community newsletters. My Polish co-worker was paying $550 per month for a 1 bedroom apartment above a restaurant. He moved a few months ago because they had a baby and bought a house.

$550 for a 1 bed in Roncey! Wow that's a good price and that's why he could buy a house!

 

[canuck78]

Thanks Miraclejj... I will definitely pass that information on. Of course, as far as Sarah is concerned, this relationship was destined from eternity, and the chance of divorce is 0.0000%. But definitely useful to keep in mind.

I don't believe I have the powers of an Oracle, so I tell Sarah that it is her decision to marry whoever she wants. I am just begging her to delay, delay, delay... and not rush into this at 23.

BabyCat

Think your best bet may be to go through how expensive it will be to move out of your home given his and her income. If he had to take a loan for a ring he must have no savings. Maybe if you go through the cost of living and what it will take to get into a house maybe that will delay things.

 

[waitinglikeyaall]

Someone might say this is but harsh but it feels like “Alex” doesn’t belong here and he is spending Candian tax money and is abusing the system. I think you should report him and do the right thing. You are destroying your daughters life. This marriage will end up in most likely in divorce. Unfortunately your daughter will blame you if that happens and say you didn’t look out for her as this has happened on this forum before. Alex isn’t the best choice for your daughter and this is your chance to save her. As per her finding out.. CIC already knows his address so she can’t blame you because maybe you could say no one tipped CIC and they just wanted to check now..

 

[DollyM]

Someone might say this is but harsh but it feels like “Alex” doesn’t belong here and he is spending Candian tax money and is abusing the system. I think you should report him and do the right thing. You are destroying your daughters life. This marriage will end up in most likely in divorce. Unfortunately your daughter will blame you if that happens and say you didn’t look out for her as this has happened on this forum before. Alex isn’t the best choice for your daughter and this is your chance to save her. As per her finding out.. CIC already knows his address so she can’t blame you because maybe you could say no one tipped CIC and they just wanted to check now..

Just to add to this, I would also be letting CRA know about the under the table job. If he's indeed been working for a few years and not paying taxes he's likely going to owe a substantial amount. https://www.canada.ca/en/revenue-agency/programs/about-canada-revenue-agency-cra/suspected-tax-cheating-in-canada-overview.html

 

[BabyCat]

LOL, he's not going to pay back that ring loan.

Has she taken out any loans for him?

If he's been working for 4 years he will have saved lots of money (unless he's using it for something else). Rings don't need to be expensive.

What is his living situation now? Is he living in a shared place in Roncesvalles by chance? I know there are very cheap apartments for rent there and they are only advertised in Polish community newsletters. My Polish co-worker was paying $550 per month for a 1 bedroom apartment above a restaurant. He moved a few months ago because they had a baby and bought a house.

No... Sarah hasn't taken out any loans for him. Sarah herself is completely financially dependent on us. She only has one bill... her cell phone bill... and she has had to change her number 2-3 times over the last couple of years for non-payment. But the girl just finished uni and is 23. She is not a deadbeat, works hard, and is just trying to figure this life thing out. But she is far from being established herself, and when she drives him around it is in my car and she is under my insurance. She doesn't have a job--she has a 3-month contract she hopes turns into a job.

Sarah is a great kid... just has a real blind spot in the love department. I am trying very, very hard to stop her from making a huge mistake. Was hoping there were more PR obstacles, but they seem pretty manageable for Alex and Sarah, which wasn't what I was hoping to find out, but at least now I know the score.

He hasn't saved any money... he works a very demanding labour job at minimum wage... and is being exploited big time by his employer. His excess cash goes into his music hobby, which is why he had to borrow for the ring.

BabyCat

 

[BabyCat]

Someone might say this is but harsh but it feels like “Alex” doesn’t belong here and he is spending Candian tax money and is abusing the system. I think you should report him and do the right thing. You are destroying your daughters life. This marriage will end up in most likely in divorce. Unfortunately your daughter will blame you if that happens and say you didn’t look out for her as this has happened on this forum before. Alex isn’t the best choice for your daughter and this is your chance to save her. As per her finding out.. CIC already knows his address so she can’t blame you because maybe you could say no one tipped CIC and they just wanted to check now..

Funny you mention... "Unfortunately your daughter will blame you if that happens and say you didn’t look out for her as this has happened on this forum before." I agree with you. That is very likely what will happen if it goes wrong. I even mentioned that to her... that she will blame me if it goes wrong for not protecting her in her youth. I have written more than one letter outlining the problem... so she can read and reread it... and hopefully it will sink in.

I think it is too late to "save her" through some action of my own. If I get Alex removed from Canada chances are very high that Sarah will be going with him. Then I would have to try and patch up my my relationship with my daughter, with her thousands of miles away, and probably not talking to me. Instead... I have been playing the delay card... telling her to wait until she is settled and living on her own as an adult to make that commitment.

She half agrees with me, but with Alex having an expiring passport, there is a definite pressure from him to make the marriage sooner rather than later. So it all feels a little hopeless...

 

[YamPower]

Funny you mention... "Unfortunately your daughter will blame you if that happens and say you didn’t look out for her as this has happened on this forum before." I agree with you. That is very likely what will happen if it goes wrong. I even mentioned that to her... that she will blame me if it goes wrong for not protecting her in her youth. I have written more than one letter outlining the problem... so she can read and reread it... and hopefully it will sink in.

I think it is too late to "save her" through some action of my own. If I get Alex removed from Canada chances are very high that Sarah will be going with him. Then I would have to try and patch up my my relationship with my daughter, with her thousands of miles away, and probably not talking to me. Instead... I have been playing the delay card... telling her to wait until she is settled and living on her own as an adult to make that commitment.

She half agrees with me, but with Alex having an expiring passport, there is a definite pressure from him to make the marriage sooner rather than later. So it all feels a little hopeless...

The passport expiring is neither here nor there because he can't travel and he can get it renewed through the Polish consulate here. Having valid status in Canada isn't listed as a requirement for renewal: https://toronto.mfa.gov.pl/en/consular_information/passport/passport_information;jsessionid=A5F0BBF865C395B4CA13170A444A2417.cmsap5p

 

[YamPower]

$550 for a 1 bed in Roncey! Wow that's a good price and that's why he could buy a house!

They didn't buy in Toronto. Even then he would be able to buy because they're both in good jobs.

 

[BabyCat]

The passport expiring is neither here nor there because he can't travel and he can get it renewed through the Polish consulate here. Having valid status in Canada isn't listed as a requirement for renewal: https://toronto.mfa.gov.pl/en/consular_information/passport/passport_information;jsessionid=A5F0BBF865C395B4CA13170A444A2417.cmsap5p

YamPower... that is good to know. I will relay that information to Sarah. Alex doesn't want to be a position where he can't leave Canada if he wants to... and doesn't want to be without a passport. Good to know that is not an issue.

But this brings up a question I have tried to find the answer to, but have never been able to.

If Alex were to leave Canada and go home to Poland, would CIC then have his departure date in his file? Would they know that he overstayed his visa? I understand that Canada does not stamp passports when exiting the country. But someone said that the airlines share their data with CIC. If he went home, could he return to Canada and try and get renewing TRVs on his return to Canada? Or would he get refused based on his 3 year overstay on his previous TRV?