Illegal immigration question

[justwondering999]

If a Illegal immigrant from the U.S came to Canada with no visa or visitors papers and has been in Canada for over 4 years; and has a child with a Canadian citizenship women does that make him a Canadian citizenship?

Illegal immigrant has also been working cash and never paid taxes. What happens when child is born. Would this person ever be deported or charged?

 

[MiriamT]

If a Illegal immigrant from the U.S came to Canada with no visa or visitors papers and has been in Canada for over 4 years; and has a child with a Canadian citizenship women does that make him a Canadian citizenship?

The child is a Canadian citizen; the father, however, does not became a citizen by reason of having a Canadian child.

Illegal immigrant has also been working cash and never paid taxes. What happens when child is born. Would this person ever be deported or charged?

Hard to say. Unless he's reported, nothing might happen. But staying in the country without status opens up for these kinds of possibilities.

 

[itsmyid]

If a Illegal immigrant from the U.S came to Canada with no visa or visitors papers and has been in Canada for over 4 years; and has a child with a Canadian citizenship women does that make him a Canadian citizenship?

Illegal immigrant has also been working cash and never paid taxes. What happens when child is born. Would this person ever be deported or charged?

No it doesn't get him canadian citizenship, and if he's caught he will most likely be deported (decided by court)

 

[links18]

Such a person should be very careful not to accidently drive over the border to the US. ;D

 

[justwondering999]

The person has been reported but nothing has happened ....and its been 7 months later. the person is careful not to travel.

 

[scylla]

The person has been reported but nothing has happened ....and its been 7 months later. the person is careful not to travel.

Deportation is always a risk. CIC takes a while to respond to reports and the fact they haven't done anything in 7 months doesn't necessarily mean anything. It's possible someone may just show up at your door one day out of the blue, when you least expect it, and serve you with a removal order. Having a Canadian citizen child doesn't prevent you from being deported - you're in Canada illegally (and working illegally). And as explained before, you have no claim to citizenship.

If you are still in a relationship and living with the Canadian woman, she should sponsor you for permanent residency.

 

[justwondering999]

Yes, I am aware. If the women sponsors him wouldn't they still question all the years here before etc. I have a feeling applying for sponsor with this case, they would just deport him right away. Would marriage solve everything?

 

[scylla]

Yes, I am aware. If the women sponsors him wouldn't they still question all the years here before etc. I have a feeling applying for sponsor with this case, they would just deport him right away. Would marriage solve everything?

No - marriage wouldn't solve anything. Marriage won't give him status in Canada. He will still be illegal and deportable.

If he is in a genuine relationship with this woman - then she can sponsor him for permanent residency if they have lived together for at least one year continuously and can prove it (common law). There is no need to get married. Regardless of whether they apply married or common law, his application will most likely be examined more closely to ensure it's a genuine relationship and not just a relationship of convenience to get PR status in Canada. They should include plenty of evidence to prove their relationship is genuine if they apply for PR.

 

[links18]

tell him to claim refugee make up some story once he claims refugee he will get pr

then after 4 years apply for citizenship done

but for refugee claim he has to get a lawyer to make up some story to FOOL CIC thats all

Fantastic advice.

 

[Leon]

It is not a hard criteria to have legal status in Canada to get sponsored as a spouse inland and they normally do not deport people who are in that application process. However, you'd have to get the Canadian girlfriend to sponsor you which she can do if you have lived together as a couple for 12 months or longer or you get married and it can take a couple of years until you get your PR.

Having a child in Canada changes absolutely nothing for your status.

I would rather advise against applying as a refugee unless you come from a war country and have a legitimate application. Otherwise, you are just buying time and at some point, you will be denied and deported.

 

[Cappuccino]

If a Illegal immigrant from the U.S came to Canada with no visa or visitors papers and has been in Canada for over 4 years; and has a child with a Canadian citizenship women does that make him a Canadian citizenship?

Illegal immigrant has also been working cash and never paid taxes. What happens when child is born. Would this person ever be deported or charged?

That certainly doesn't make them a Canadian citizen. Moreover time spent in Canada does not count at all towards the eligibility under the new citizenship regulations, since they were not a permanent Canadian resident for that time.

As Scylla points out the women may be able to sponsor as a common-law spouse if in a relationship and living with them for at least one year. I believe under new PR rules they would have to stay together for at least the first 2 years of the PR (a measure introduced a few years ago to prevent marriages of convenience).

The first step would definitely be to get permanent residence. From then just build up 4 years as a permanent resident and apply normally through that process.

The tricky part is going to be getting the PR status in the first place - even under a spousal sponsorship the applicant's current status in Canada is going to be looked into. But I think it's your best bet.

I'd advise against lying and "making up" stories to CIC. If they do find out about it they can deport someone AND permanently prevent them for applying for citizenship, or even entering Canada again.