pregnant-need help fast

[Jd99]

This is whats up.

Me and this girl started dating a while ago. We just found out that she is expecting. Both of us are very excited about this news. I would like to marry this girl, we r both in love and would like to start a family. I was going to wait till after the birth of our child to get married. But her work visa is up at the end of may 2014. The other problem that has come up is she is not working the job her work visa is intended for.

1) can something bad happen since she is not working the job her work visa in intended for?

2) what is the best way to make sure she does not get sent out of Canada?

3) who can we call to get this all straightened out?

4) do you have any additional advise to make things work out for us?

Thanx

 

[marsiangal]

First of all what do you mean not working the job intended for the visa?
Like working for a different employer? (Which is illegal btw.) Or not working at all?

If she is working for a different employer I am hoping you are not (I'm so sorry for the word) dumb enough to pay taxes for that job or have given her SIN to that employer. If the CRA/CIC have had any record of that and have found out it could lead to a hearing or worse deportation. Because like I said it is illegal to not follow the conditions of the work permit.

Now if she is still working for that employer she should stop.

If there was no record at all, then there shouldn't be a problem. (Like working under the table, there is no record. I am NOT saying it is a good idea to work under the table It is NOT! IT is illegal But if there is now way for the CIC to prove that she had work for a different employer then they don't have a case. Unless someone will rat her out and they have a witness)

However if there was a record, and the CIC have found out you have to do a restoration of her status. (I'll tell you in a bit how.)
btw, restoration is an extra 200 dollars, on top of the 150 for work permit and fees to sponsor and process her PR.

Now after you marry her, and have received your marriage certificate you can apply to sponsor her very the next day.
In this application you should include an application for open work permit. They will process it after you guys reach the approval of the first phase of the application (AIP- approval in principle) Current wait is 6-8 months maybe more just for that. Another 8 months or so for approval of the Second phase.
Now she will have what is called implied status and can stay in Canada until you get the open work permit. (or at least the decision)
Typically having implied status means you can work for the same employer where currently work but it has to be the one in the permit.
In this case she will not be able to work until the new permit comes.

I know so confusing!!lol

So remember this,
If she will need restoration, she will have to put in the open work permit application that she needs a restoration. (choose that option)
If not she can apply the normal open work permit.

This form is called Extend stay/change conditions in Canada as a worker. There is options top you can choose either restoration or new employer.

Then put applying for open work permit at the part where it is asked.

IT is a long process for sure but it is the only way she can stay permanently.

Another way is for her to get another employer with LMO if unskilled, atleast can extend her stay.

If skilled she can apply for her own PR later on.

And again she will need restoration if there was a record.

Although maybe hard for someone to hire her because she is expecting.

But then again if you marry her it is the quicker way.

Hope this helps a little bit.


definition of restoration as per CIC:
Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, because you failed to comply with one or more of the following conditions:

You remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers or type of work before obtaining a new work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.

You may still be eligible for restoration if you continue to meet the initial requirements for your stay and have not failed to comply with other conditions imposed.

You may wish to complete an application to apply for restoration of temporary resident status and for a new study or work permit. There is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

If you wish to obtain a new study or work permit and restore your temporary resident status, you must pay the permit fee in addition to the restoration fee.

Restoration applies to each family member who has lost his or her status.

An officer will evaluate your request for restoration of status and if approved will process your application for a study or work permit. You will then be advised of any further action to be taken.

Note: You may not study or work in Canada until your application for restoration has been processed.

 

[Jd99]

Would I be able to sponsor her as a common-law or conjugal partner for now until we do get married because we are expecting?

Let me know.

Thanx

 

[Leon]

Would I be able to sponsor her as a common-law or conjugal partner for now until we do get married because we are expecting?

Let me know.

Thanx

No, to immigration, you are not common law unless you lived together for 12 months or more. Conjugal is reserved for people who can't get married for some reason, immigration barriers, legal situation etc. If there is no reason you can't get married, it would be hard to get a conjugal application approved. Conjugal also requires you to have been in a relationship for 1 year before you can apply.

I would like to state again that if she is not working for the employer named in her work permit at the location mentioned in her work permit in the position mentioned in her work permit, then she is working illegally and will be deported if caught. She should stop working for this employer immedately. If she wants to work but not for the employer named in her work permit or they do not want her any more, she would need the other employer to apply for an LMO for her and she would have to apply for a new work permit with the new LMO. She may not start working again until she has the new permit.

 

[scylla]

No, to immigration, you are not common law unless you lived together for 12 months or more. Conjugal is reserved for people who can't get married for some reason, immigration barriers, legal situation etc. If there is no reason you can't get married, it would be hard to get a conjugal application approved. Conjugal also requires you to have been in a relationship for 1 year before you can apply.

I would like to state again that if she is not working for the employer named in her work permit at the location mentioned in her work permit in the position mentioned in her work permit, then she is working illegally and will be deported if caught. She should stop working for this employer immedately. If she wants to work but not for the employer named in her work permit or they do not want her any more, she would need the other employer to apply for an LMO for her and she would have to apply for a new work permit with the new LMO. She may not start working again until she has the new permit.

Great advice from Leon on both counts. She needs to stop working immediately. If she is caught - she will be deported and there will be nothing you can do to stop the deportation.

 

[Jd99]

If we would get married, would that help at all? Please keep in mind that we are in love and want to be together. I also want our child to be born in Canada and I don't want to miss a thing.

Please let me know

Thanx

 

[scylla]

No - getting married won't help. If she's caught working illegally she's deportable. Being married to you won't stop this. She needs to stop working illegally as soon as possible.

If you're serious about this relationship - get her to stop working now, get married and then file an application to sponsor her.

Have you thought about how you're going to pay for the birth of the baby? Given she's working illegally, I'm guessing she has no health care coverage. If so, you should be budgeting between $7K and $10K for the birth (although it could be quite a bit more if there are complications).

 

[Jd99]

All right thanx for all your help. Any additional advice would be appreciated.

Thanx

 

[wsongco]

by the way in which province do you live, if ever she dont have medical coverage you can look for midwife who give birth in a home or small clinics. try google your area. if you can get married as soon as possible. she can get implied status if you submit your PR application before her visa expires May 2014.and can stay in canada until a decision is made.

read the family spousal sponsorship thread on this forum posted by leon. to learn more about the process. if you have anymore questions you can always post your questions here. goodluck and conratulations on your baby.

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

 

[Leon]

If she is still on a valid work permit even though she is not working there any more, I would suppose that she still has health care.

Like I have said before and others have said too, she needs to stop working illegally right now.

The longer she works illegally, the higher the risk that she will get caught and deported.

 

[Jd99]

Would restoration be a good way straighten everything out? suggestions please. I can't loose her.

Thanx

 

[Leon]

Restoration of what? She is not out of status. From what you said, she still has a valid work permit until 2014.

The only problem is that she has been working illegally and she shouldn't have which is why she should stop it right now if she hasn't already and hope that immigration doesn't find out about it. There is no pardon she can apply for now that she has already worked illegally. She just has to stop doing it and hope they don't find out about it.

 

[Jd99]

she stops working. What do we do next?

Thanx

 

[Leon]

Get married and sponsor her for PR.