Out of status, common law application - best course of action?

[LValenzuela]

Hi All,

I've been with my boyfriend for 1.5 years and have been living together for 1 year as of June 2019. My 37 year old Slovakian partner has been living in Canada since 2001 with no status. He has supported himself doing minor renovation work-- all cash jobs. I'm a 34 year old Canadian born citizen with a stable job that I have held for 10 years. Nether of us have any dependents nor a criminal record. We would like to begin putting together a common law application as soon as possible but he has a few issues I'm worried about:

- He married a Canadian citizen 15 years ago to get a PR card. It was an paid arrangement. But they never put in an application (a shady immigration consultant arranged everything, took his money and never filed an application) and they are technically still married. He is going to start the divorce process this week.

- He has been out of status for almost 18 years.

- He has worked for cash and has never filed any taxes.

After the immigration consultant took his money and ran, he felt very defeated and buried his head in the sand. He told me he just worked and partied, thinking he was going to be kicked out eventually. Then we met and started a relationship. We would like to settle down, get married and start a family soon. My questions are:

- With our circumstances, should we consult an professional? Like a lawyer, paralegal or consultant? I'm fairly good at paperwork otherwise.

- Should we start the application after his divorce is finalized?

- Should we do an outland application or an inland application? We were leaning on doing the outland application as we would like to travel later this year.

I already learned a lot from reading the posts here. Would really appreciate if I can get opinions on the best course of action for our case.

 

[scylla]

Hi All,

I've been with my boyfriend for 1.5 years and have been living together for 1 year as of June 2019. My 37 year old Slovakian partner has been living in Canada since 2001 with no status. He has supported himself doing minor renovation work-- all cash jobs. I'm a 34 year old Canadian born citizen with a stable job that I have held for 10 years. Nether of us have any dependents nor a criminal record. We would like to begin putting together a common law application as soon as possible but he has a few issues I'm worried about:

- He married a Canadian citizen 15 years ago to get a PR card. It was an paid arrangement. But they never put in an application (a shady immigration consultant arranged everything, took his money and never filed an application) and they are technically still married. He is going to start the divorce process this week.

- He has been out of status for almost 18 years.

- He has worked for cash and has never filed any taxes.

After the immigration consultant took his money and ran, he felt very defeated and buried his head in the sand. He told me he just worked and partied, thinking he was going to be kicked out eventually. Then we met and started a relationship. We would like to settle down, get married and start a family soon. My questions are:

- With our circumstances, should we consult an professional? Like a lawyer, paralegal or consultant? I'm fairly good at paperwork otherwise.

- Should we start the application after his divorce is finalized?

- Should we do an outland application or an inland application? We were leaning on doing the outland application as we would like to travel later this year.

I already learned a lot from reading the posts here. Would really appreciate if I can get opinions on the best course of action for our case.

It's a pretty complex case. I would plan for longer than normal processing times given his profile and ensure you have an extremely strong application package before you submit.

He's engaged in marriage fraud - that's extremely bad from an immigration perspective. He's been in Canada for almost two decades without status. He has worked illegally. All of this will cast doubt on the validity of your relationship and make IRCC concerned he's engaging in marriage fraud to gain status in Canada. You should assume your relationship is going to be very heavily scrutinized. You can certainly engage a lawyer if that makes you feel more comfortable. However a lawyer can't make this stuff go away. If you want to hire someone - definitely go with a lawyer and expect to spend around $5K.

If he goes on holidays and leaves Canada, he's not going to be allowed back in. He'll have to remain outside of Canada until his PR application is approved. Something to keep in mind before you plan any grand vacations.

BTW: Just to add, he cannot blame the immigration consultant for the marriage fraud arrangement. He knowingly entered into this agreement with the full awareness the marriage wasn't real. IRCC doesn't take kindly to people blaming consultants for stuff they are responsible for. Make sure you don't do this anywhere in the application.

 

[k.h.p.]

You probably need a lawyer. I have to agree with everything that @scylla has said above - he's in a very bad place. He cannot blame the "shady immigration consultant," as he himself was the shady immigrant at that point in time.

In his application, he will need to describe the genesis of your relationship, his past history, etc. The submission of your application will necessarily involve declaring everything that has happened in his past ten years, at least. You need a lawyer to advise on the methodology by which you document his recent life - especially as there will need to be some discussion of the divorce; at the very least, a copy of the divorce certificate. You can expect that IRCC may even request information about the divorce if they suspect anything.

Lawyer, lawyer, lawyer.

 

[Copingwithlife]

And if he’s still working for cash under the table , he’s breaking the law

 

[LValenzuela]

Wow. It's that bad, eh?

He went to the immigration consultant who was a fellow Slovakian because he spoke very little English at the time and she gave him terrible advice and took his money because she knew she could get away with it. He is adamant about not dealing with a Slovakian professional this time around

He definitely made his mistakes and we want to be 100% honest about his situation. We spoke about him paying back taxes once he has to explain his finances. He is aware of this.

From the posts I have read here, we are definitely going to an immigration lawyer.

 

[LValenzuela]

It's a pretty complex case. I would plan for longer than normal processing times given his profile and ensure you have an extremely strong application package before you submit.

He's engaged in marriage fraud - that's extremely bad from an immigration perspective. He's been in Canada for almost two decades without status. He has worked illegally. All of this will cast doubt on the validity of your relationship and make IRCC concerned he's engaging in marriage fraud to gain status in Canada. You should assume your relationship is going to be very heavily scrutinized. You can certainly engage a lawyer if that makes you feel more comfortable. However a lawyer can't make this stuff go away. If you want to hire someone - definitely go with a lawyer and expect to spend around $5K.

If he goes on holidays and leaves Canada, he's not going to be allowed back in. He'll have to remain outside of Canada until his PR application is approved. Something to keep in mind before you plan any grand vacations.

BTW: Just to add, he cannot blame the immigration consultant for the marriage fraud arrangement. He knowingly entered into this agreement with the full awareness the marriage wasn't real. IRCC doesn't take kindly to people blaming consultants for stuff they are responsible for. Make sure you don't do this anywhere in the application.

Do you mean we should not mention the marriage fraud arrangement at all?

 

[Copingwithlife]

For the taxes not paid , I would advise him to contact the CRA, and remember this is totally separate from the IRCC issue . The CRA mandate is to collect taxes from any monies , those earned legally and illegally. I would suggest he contact the CRA and mention the VDP, Voluntary Disclosure Program . It’s where HE approaches the CRA , not the other way around

 

[k.h.p.]

Do you mean we should not mention the marriage fraud arrangement at all?

That's what you need a lawyer for.

He will be asked about previous relationships. The marriage (and divorce) will need to be declared. At some point in the divorce proceedings a reason for divorce is generally discussed. I'm not sure if he would need to disclose the marriage fraud arrangement here, if at all. A lawyer can assist.

You can be found to have misrepresented by withholding material facts that could have had the effect of influencing a visa officer's decision.

I'm not a lawyer and can't give you legal advice.

My advice is talk to someone who can give you that advice.

 

[scylla]

Do you mean we should not mention the marriage fraud arrangement at all?

You need the advice of an immigration lawyer on this.

You absolutely cannot lie in the application - that's for certain. Lying is classified as misrepresentation which would land him a refusal, plus a five year ban from Canada. How much detail you do into about the first marriage is a different matter. You must declare that wedding and he must list his past spouse's details in the application. However a lawyer would be in the best place to advise you how much additional details to include. If IRCC specifically asks you about this at some point in the process, he needs to be 100% honest. The marriage fraud in an attempt to gain immigration status in Canada is hands down the worst part of his profile. You have to look at it from the prespective of a government official who doesn't actually know you and is just looking at the facts on a piece of paper. He's engaged in marriage fraud once - followed by a long illegal stay in Canada and illegal work. It's really not good - you need to have a very very solid application with tons of proof supporting your relationship. I would assume he's going to have to attend an interivew at some point to prove your relationship is genuine and he's not using you to be able to stay in Canada.

 

[k.h.p.]

You need the advice of an immigration lawyer on this.

You absolutely cannot lie in the application - that's for certain. Lying is classified as misrepresentation which would land him a refusal, plus a five year ban from Canada. How much detail you do into about the first marriage is a different matter. You must declare that wedding and he must list his past spouse's details in the application. However a lawyer would be in the best place to advise you how much additional details to include. If IRCC specifically asks you about this at some point in the process, he needs to be 100% honest. The marriage fraud in an attempt to gain immigration status in Canada is hands down the worst part of his profile. You have to look at it from the prespective of a government official who doesn't actually know you and is just looking at the facts on a piece of paper. He's engaged in marriage fraud once - followed by a long illegal stay in Canada and illegal work. It's really not good - you need to have a very very solid application with tons of proof supporting your relationship. I would assume he's going to have to attend an interivew at some point to prove your relationship is genuine and he's not using you to be able to stay in Canada.

And at that interview, they'll undoubtedly ask about the previous marriage. And what went on there.

 

[LValenzuela]

We have texts messages and pics from the course of our relationship. We also have friends and family that can vouch for us. He spoke to an accountant about his back taxes. He made his mistakes and will try to right his wrongs.

Thanks everyone for your input! Much appreciated!

 

[scylla]

We have texts messages and pics from the course of our relationship. We also have friends and family that can vouch for us. He spoke to an accountant about his back taxes. He made his mistakes and will try to right his wrongs.

Thanks everyone for your input! Much appreciated!

You want a lot more than text messages and pictures - I would say especially in your case. You ideally want stronger evidence such as joint leases or property ownership, joint bank accounts / credit cards / utilities, etc.

If you are planning on applying as common law, text messages and pictures definitely don't prove you are common law. You need hard evidence showing a shared address for at least one full year (bank accounts, utilities, mail, employment records, etc.).

If you are short on evidence to prove your relationship and to show you are common law, you'll need to wait for the divorce to come through and then get married before applying.

 

[LValenzuela]

You want a lot more than text messages and pictures - I would say especially in your case. You ideally want stronger evidence such as joint leases or property ownership, joint bank accounts / credit cards / utilities, etc.

If you are planning on applying as common law, text messages and pictures definitely don't prove you are common law. You need hard evidence showing a shared address for at least one full year (bank accounts, utilities, mail, employment records, etc.).

If you are short on evidence to prove your relationship and to show you are common law, you'll need to wait for the divorce to come through and then get married before applying.

We own no property or have joint bank accounts/credit cards but we are both listed as under our utilities. My driver's license, employment, car insurance are listed under the townhouse we share. He's listed under my work health benefits. I have also prepared a
Statutory Declaration of Common-law Union to submit. I'm not short on evidence proving our relationship is legitimate. However, I'm very concerned about his past marriage-- I know it's not a good look.

 

[scylla]

We own no property or have joint bank accounts/credit cards but we are both listed as under our utilities. My driver's license, employment, car insurance are listed under the townhouse we share. He's listed under my work health benefits. I have also prepared a
Statutory Declaration of Common-law Union to submit. I'm not short on evidence proving our relationship is legitimate. However, I'm very concerned about his past marriage-- I know it's not a good look.

Is the utilities bill the only thing he has under your joint address?

 

[k.h.p.]

We are at least partially asking because there's another case happening in another thread, similar in concept to yours, where the couple is being asked to prove cohabitation. You may want to start gathering evidence.