Working with a SIN but no legal status

[SoloToronto]

Hi everyone,

So ive been in Canada for about 5years, I came in with a student visa and obtained a SIN number. However, I currently don't have any legal status and got a job offer. My employee wants to pay me "over the table", so she can right it off in her taxes, but i'm worried about taking the job and providing my SIN because of my status.
Can you work in Canada if you have a SIN but no legal status or will I have CIC knocking at my door if I take the job?

 

[APPNOV2014NY]

Isn't it true that validity of your temp SIN no. ( starting with 9) is tied to duration of your visa? If you are already out of status then your SIN has already expired and you cannot use it.

 

[Wonderland_1010]

Hi everyone,

So ive been in Canada for about 5years, I came in with a student visa and obtained a SIN number. However, I currently don't have any legal status and got a job offer. My employee wants to pay me "over the table", so she can right it off in her taxes, but i'm worried about taking the job and providing my SIN because of my status.
Can you work in Canada if you have a SIN but no legal status or will I have CIC knocking at my door if I take the job?

Your employer can check the validity of your SIN through accounting software. It will pop up as invalid SIN when she creates a employee account under payroll so she will definitely know you don't have a valid SIN

 

[scylla]

Can you work in Canada if you have a SIN but no legal status or will I have CIC knocking at my door if I take the job?

No - you cannot work in Canada with no legal status. You're here illegally and working illegally. If your boss pays you over the table you will still be working illegally. Always possible CBSA could come knocking at your door to remove you.

 

[Copingwithlife]

As well by law, the employer must have you fill in a TD1-Fed, as well as the corresponding TD form for your province upon employment. They are responsible to see your SIN, if it starts with a "9", then see the corresponding work permit that is attached to that SIN. When the work permit expires, the corresponding SIN also expires as well.
https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/payroll/payroll-overview/employer-responsibilities-payroll-steps/hiring-employee/social-insurance-number/beginning-number-9.html
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-employers-sin.html

As well as noted in the above links, there is a number provided by the Government, that the employer can call, if they have a doubt that particular SIN is being used fraudulently, or the validity of it
They would provide their BN, as well as the associated RP account/payroll information
The taxes she would "write off", actually go to the government to support services for legal employees in the country. This would be CPP, OAS, and a variety of benefits administered by ESDC.

 

[torontosm]

No - you cannot work in Canada with no legal status. You're here illegally and working illegally. If your boss pays you over the table you will still be working illegally. Always possible CBSA could come knocking at your door to remove you.

Agreed. your employer could also get into all sorts of trouble for employing someone not authorized to work.

 

[zardoz]

http://www.mdlimmigration.com/hiring-illegal-workers-in-canada/

What are the consequences if a Canadian Employer hires a foreign worker without a work permit, or with a work permit under another employer’s name?
An individual or company that hires a foreign national who does not have legal authority to work for them is committing an offence. If convicted of hiring illegal workers, they can be fined up to $50,000.00 and sentenced to up to two years in prison.

The offence and penalties for hiring an illegal workers are set out at Sections 124 and 125 of the Immigration and Refugee Protection Act.

 

[Adnan_990]

Hi everyone,

So ive been in Canada for about 5years, I came in with a student visa and obtained a SIN number. However, I currently don't have any legal status and got a job offer. My employee wants to pay me "over the table", so she can right it off in her taxes, but i'm worried about taking the job and providing my SIN because of my status.
Can you work in Canada if you have a SIN but no legal status or will I have CIC knocking at my door if I take the job?

Hey there , I know it has been almost 6 years, but I am kind of in the same boat, please give me your update on your case
Thank you

 

[YVR123]

Hey there , I know it has been almost 6 years, but I am kind of in the same boat, please give me your update on your case
Thank you

Don't think OP will reply since he/she was a newbie and only posted ONCE since joining.

Your SIN is likely invalid. You do not have legal status to work without work permit or PR status.

Tell your employer that you are illegal and maybe quote this as well. I don't think the law has changed.

http://www.mdlimmigration.com/hiring-illegal-workers-in-canada/

What are the consequences if a Canadian Employer hires a foreign worker without a work permit, or with a work permit under another employer’s name?
An individual or company that hires a foreign national who does not have legal authority to work for them is committing an offence. If convicted of hiring illegal workers, they can be fined up to $50,000.00 and sentenced to up to two years in prison.

The offence and penalties for hiring an illegal workers are set out at Sections 124 and 125 of the Immigration and Refugee Protection Act.

 

[Adnan_990]

Don't think OP will reply since he/she was a newbie and only posted ONCE since joining.

Your SIN is likely invalid. You do not have legal status to work without work permit or PR status.

Tell your employer that you are illegal and maybe quote this as well. I don't think the law has changed.

Hi, I was only doing ubereats , and it was 2 years ago, I came on student visa, I didn’t study directly, I worked for 9 months on ubereats, and then joined the college, I was able to work because I had work off campus conduction listed on my study permit ( I didn’t know that it is a violation then) but of course Ignorance is not an excuse
I applied after for pgwp and got it, now I am applying for pr, thats why I am asking about this, as I received my ITA and I don’t know what to put in this year in the personal information history.
Hope I made myself clear

 

[scylla]

Hi, I was only doing ubereats , and it was 2 years ago, I came on student visa, I didn’t study directly, I worked for 9 months on ubereats, and then joined the college, I was able to work because I had work off campus conduction listed on my study permit ( I didn’t know that it is a violation then) but of course Ignorance is not an excuse
I applied after for pgwp and got it, now I am applying for pr, thats why I am asking about this, as I received my ITA and I don’t know what to put in this year in the personal information history.
Hope I made myself clear

This isn't a tax question. Suggest you post to the EE section of the forum. I assume you declared that you worked without authorization when you applied for the PGWP?

 

[Adnan_990]

This isn't a tax question. Suggest you post to the EE section of the forum. I assume you declared that you worked without authorization when you applied for the PGWP?

Nope, I didn’t, I didn’t read that question, I just became aware that this question was in the form

 

[scylla]

Nope, I didn’t, I didn’t read that question, I just became aware that this question was in the form

Time to hire an immigration lawyer.

 

[Rennie]

Nope, I didn’t, I didn’t read that question, I just became aware that this question was in the form

How did your PR application go? Did you inform IRCC about your unauthorized work or did you not bring it up?

 

[Adnan_990]

How did your PR application go? Did you inform IRCC about your unauthorized work or did you not bring it up?

Yes, I did, however, I just received a request for schedule A again, I am filling it now and will upload it today