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British citizen moving to Canada with Illegal boyfriend in USA

129HELP

Member
Feb 5, 2020
15
0
I am a British citizen wanting to move to Canada with my Boyfriend (future husband) that is currently out of status in America.

My boyfriend went to America in 2015 and overstayed his visitors visa (B1/B2). During that time he got married however, the marriage did not work out and he did not receive a green card.From his marriage he did receive an employment authorization card (EAD) (valid until December 2020) that allows him to work legally as a carpenter for 1.5 years. He is a certified plumber but has not work in that field in the US.

If i want to immigrate to Canada would it be possible to include my Boyfriend (if we get married) in my application even though we are in two different country. I have checked my eligibility and i currently have 530 points.

or would he be able to make an application of his own from the America?

What are the likely possibilities or our options given that he does not want to go back to his home country and wait out the process?
 

canuck_in_uk

VIP Member
May 4, 2012
31,593
7,138
Visa Office......
London
App. Filed.......
06/12
I am a British citizen wanting to move to Canada with my Boyfriend (future husband) that is currently out of status in America.

My boyfriend went to America in 2015 and overstayed his visitors visa (B1/B2). During that time he got married however, the marriage did not work out and he did not receive a green card.From his marriage he did receive an employment authorization card (EAD) (valid until December 2020) that allows him to work legally as a carpenter for 1.5 years. He is a certified plumber but has not work in that field in the US.

If i want to immigrate to Canada would it be possible to include my Boyfriend (if we get married) in my application even though we are in two different country. I have checked my eligibility and i currently have 530 points.

or would he be able to make an application of his own from the America?

What are the likely possibilities or our options given that he does not want to go back to his home country and wait out the process?
You can marry and include him in your app. He likely has no chance of qualifying to immigrate independently.
 

scylla

VIP Member
Jun 8, 2010
75,122
12,634
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for responding,

will his status in the US affect the application since he is not the primary applicant?
It won't impact the application provided he is 100% honest about his immigration history. Note that he needs to be in possession of a valid passport to apply.
 

129HELP

Member
Feb 5, 2020
15
0
It won't impact the application provided he is 100% honest about his immigration history. Note that he needs to be in possession of a valid passport to apply.
Thank you so much for responding. He has a valid passport.
 

129HELP

Member
Feb 5, 2020
15
0
Any success story on this forum of people in a similar situation that has been granted PR in Canada?
 

scylla

VIP Member
Jun 8, 2010
75,122
12,634
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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Reactions: 129HELP

zardoz

VIP Member
Feb 2, 2013
13,323
2,158
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I am a British citizen wanting to move to Canada with my Boyfriend (future husband) that is currently out of status in America.

My boyfriend went to America in 2015 and overstayed his visitors visa (B1/B2). During that time he got married however, the marriage did not work out and he did not receive a green card.From his marriage he did receive an employment authorization card (EAD) (valid until December 2020) that allows him to work legally as a carpenter for 1.5 years. He is a certified plumber but has not work in that field in the US.

If i want to immigrate to Canada would it be possible to include my Boyfriend (if we get married) in my application even though we are in two different country. I have checked my eligibility and i currently have 530 points.

or would he be able to make an application of his own from the America?

What are the likely possibilities or our options given that he does not want to go back to his home country and wait out the process?
One question that the visa officer might well be asking is "was the first marriage in the USA done in order to gain immigration status?".
If the answer is "possibly yes", there may be significant scrutiny of your relationship as a possible "marriage of convenience". Be prepared for this eventuality.
 

129HELP

Member
Feb 5, 2020
15
0
One question that the visa officer might well be asking is "was the first marriage in the USA done in order to gain immigration status?".
If the answer is "possibly yes", there may be significant scrutiny of your relationship as a possible "marriage of convenience". Be prepared for this eventuality.
We are not is a marriage of convenience, However, as this may possible be an issue how can we demonstrate or prove that our marriage is real to the immigration officer?
 

canuck_in_uk

VIP Member
May 4, 2012
31,593
7,138
Visa Office......
London
App. Filed.......
06/12
Any success story on this forum of people in a similar situation that has been granted PR in Canada?
There are many people who have gotten PR after being illegal in a country, including Canada. It is not a reason for refusal, provided it is fully declared.
 

zardoz

VIP Member
Feb 2, 2013
13,323
2,158
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
We are not is a marriage of convenience, However, as this may possible be an issue how can we demonstrate or prove that our marriage is real to the immigration officer?
Make sure that you have very strong evidence of a developing relationship to submit with your application.
 

129HELP

Member
Feb 5, 2020
15
0
Make sure that you have very strong evidence of a developing relationship to submit with your application.
Are there a list of things that would qualify? At the moment we have lots of pictures, videos, text messages, plane tickets, receipts etc what else would prove this? We do not live together or in the same country so we do not have bills or mortgage etc...
 

129HELP

Member
Feb 5, 2020
15
0
There are many people who have gotten PR after being illegal in a country, including Canada. It is not a reason for refusal, provided it is fully declared.
Thank you for advising. So we should explain the illegal status in the application? Also providing that he currently has an employment authorization card (EAD) could he possibly apply for a work permit on his own from USA ? Also, if he has been working legally for over a year as a carpenter in the USA can this be counted towards his work experience ?

Also anyway i can improve my CRS score before applying ?
 

scylla

VIP Member
Jun 8, 2010
75,122
12,634
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for advising. So we should explain the illegal status in the application? Also providing that he currently has an employment authorization card (EAD) could he possibly apply for a work permit on his own from USA ? Also, if he has been working legally for over a year as a carpenter in the USA can this be counted towards his work experience ?

Also anyway i can improve my CRS score before applying ?
He would simply say "no status" or "out of status" in the application.

If you have 530, then you don't need to improve your score and should be selected immediately. Are you sure you have 530? This is quite a high score. I'm assuming you have a PhD, job offer supported by an LMIA, etc.
 

canuck_in_uk

VIP Member
May 4, 2012
31,593
7,138
Visa Office......
London
App. Filed.......
06/12
Thank you for advising. So we should explain the illegal status in the application? Also providing that he currently has an employment authorization card (EAD) could he possibly apply for a work permit on his own from USA ? Also, if he has been working legally for over a year as a carpenter in the USA can this be counted towards his work experience ?

Also anyway i can improve my CRS score before applying ?
It is extremely difficult to get a work permit for Canada and with his overstay and a possible US Marriage of Convenience, he likely has no chance.