Immigration Forum / Canada / January 2007

Hello there,

I'm new to these boards and am so thankful to have found them.  My
husband and I face a very difficult situation and wonder if we can get
some advice from the the pros - I have noticed there are ex-
Immigration officers on these boards and hope they can be of help!

First off, I am a Canadian citizen, born and raised.  My husband is an
American and I am hoping to sponsor him through an inside Canada
Spousal Sponsorship.  Here's where it gets difficult.  My husband and
I met online almost 10 years ago - lost contact here and there and
reconnected abotu 5 years ago when we started a romantic
relationship.  He came to visit me a number of times throughout the
first 2 years and wanted badly be to closer to me.  He unfortunately
received some ill-fated advice from a friend of the family who told
him it was as easy as him moving up to Canada, and he would then be
able to use his SSN to work here.  Naive we were and believed this
friend who we clearly thought knew what he was talking about!  I think
the excitement of being able to have him live near me was blinding
us.

To make a long story short, he took a couple suitcases across the
border and made a home here in Canada...that was almost 3 years ago.  
He has had a number of jobs in Canada - he has always been upfront
about being American to all his employers and no one had ever made any
noise about it!  He *ALWAYS* pays his taxes - he has never worked
under the table.  He is a very upstanding individual who has never
been in trouble in the US or in Canada, has never even gotten
something as small as a speeding ticket!  I have to say that when we
found out he had been working illegally we were shocked and totally
dismayed as we had no idea.  Again, totally naive on our part, I
know.  No one had ever made ANY sort of a deal over it and we had had
no problems.  He always filled in "SSN" in the part where it asks for
his "SIN" and no one ever cared!!  He has acclimated to life in Canada
without a problem at all - has a drivers license, bank accounts, rents
a condo, etc...no problems anywhere!

He HAS stopped working as of now and we are trying to figure out all
the ins and outs of filling out the proper paperwork.  After he came
up to Canada we dated for a couple of years and ended up being married
this past August 2006.  We have been so confused about the paperwork
and what needs to be done.  We're investigated hiring a lawyer, but
aren't sure if that would be a waste of money.

I guess my most important question to all of you, and I ask anyone to
please respond who has any advice or ideas that would help us, is the
fact that he worked illegally in Canada for about 2 1/2 years going to
hinder our application?  Is it a definite NO?  Do they even consider
it?  I know on the CIC website it says this:
Q6: I have been working or studying in Canada without a permit. Can I
apply for permanent residence in the spouse or common-law partner in
Canada class?

Yes. If you have been working or studying in Canada without a permit,
you can apply to become a permanent resident under the s pouse or
common-law partner in Canada class.

You can download the application kit, or order it by contacting the
CIC Call Centre, etc, etc.....

So my question remains...is it a pipe dream to think that he would be
considered a PR visa after working illegally?  Do they say you can
apply but really they turn you away right away?  I have no doubts that
I will be approved as a sponsor, so that is not what's holding us
back....it is this massive issue that we stupidly got ourselves in and
now I am so scared of what will happen.

Any advice is so very apprecited - thank you for reading.

Ann