Working while PR in process

[omnisap]

Guys,

Good day!

My wife entered Canada in 2010 and was in a work permit. In July 14, 2014 she got her PR card and now in June 30,2018 she is applying for her citizenship. They are asking for 5 year details from June 30, 2013.

What i noticed is in 2014 her work permit got expired on Jun 6,2014 and before that she applied for her PR and got it on July 14, 2014 (so she was perfectly legal to stay inside Canada during that 1 month period). But her company at that time told her is perfectly ok to work from June 6,2014 - July 14, 2014 without authorization because her PR card was in progress. Is this true?

If so, what should i fill in the application for that period? will immigration ask her, how can she work without authroization? Please advice.

Nureya

 

[dpenabill]

Guys,

Good day!

My wife entered Canada in 2010 and was in a work permit. In July 14, 2014 she got her PR card and now in June 30,2018 she is applying for her citizenship. They are asking for 5 year details from June 30, 2013.

What i noticed is in 2014 her work permit got expired on Jun 6,2014 and before that she applied for her PR and got it on July 14, 2014 (so she was perfectly legal to stay inside Canada during that 1 month period). But her company at that time told her is perfectly ok to work from June 6,2014 - July 14, 2014 without authorization because her PR card was in progress. Is this true?

If so, what should i fill in the application for that period? will immigration ask her, how can she work without authroization? Please advice.

Nureya

Reminder; an obvious reminder: The PR applying for citizenship MUST provide complete and accurate information in the application. There is NO viable alternative to that. (Many do not, taking their chances, for which there are variable results; but that approach is rarely a good bet and usually is a particularly bad bet.)

Beyond that, I am no expert and in particular I am not qualified to offer personal advice, but my sense is that this alone is NOTHING to worry about. Probably OK to just fill out the application as accurately as practically possible.


But of course how this fits into the mosaic of other facts and circumstances can and will vary widely from one person to another.

For example, if an applicant is relying on counting days present in Canada PRIOR to landing and becoming a PR, and thus needs to declare precise dates regarding status, in some situations a gap in status might invite scrutiny and, again depending on the details, raise a concern or issue.

The risk of a problem here seems unlikely given the timing. But of course I am making this observation ignorant of many facts, many details.

That said, among more salient factors worth considering is how much of a margin over the minimum presence requirement the applicant has. Without wandering into the weeds too far about this, waiting to apply later can sometimes be a prudent approach in similar scenarios. Odds are good there is no problem getting half-day credit for those days in the gap, for example, but it would be so simple (for most) to just wait longer to apply so it does not matter if that time is credited.

 

[omnisap]

Reminder; an obvious reminder: The PR applying for citizenship MUST provide complete and accurate information in the application. There is NO viable alternative to that. (Many do not, taking their chances, for which there are variable results; but that approach is rarely a good bet and usually is a particularly bad bet.)

Beyond that, I am no expert and in particular I am not qualified to offer personal advice, but my sense is that this alone is NOTHING to worry about. Probably OK to just fill out the application as accurately as practically possible.


But of course how this fits into the mosaic of other facts and circumstances can and will vary widely from one person to another.

For example, if an applicant is relying on counting days present in Canada PRIOR to landing and becoming a PR, and thus needs to declare precise dates regarding status, in some situations a gap in status might invite scrutiny and, again depending on the details, raise a concern or issue.

The risk of a problem here seems unlikely given the timing. But of course I am making this observation ignorant of many facts, many details.

That said, among more salient factors worth considering is how much of a margin over the minimum presence requirement the applicant has. Without wandering into the weeds too far about this, waiting to apply later can sometimes be a prudent approach in similar scenarios. Odds are good there is no problem getting half-day credit for those days in the gap, for example, but it would be so simple (for most) to just wait longer to apply so it does not matter if that time is credited.

Thanks Dpenna... Is been almost 3 years since we spoke in forums.

Yeah she has enough days from 2014 july 14 to July 14, 2018... we are not worried about days from the workpermit period into the PR calcuation. But what if they find out that " She was out of status from June 3 - July 14,2014 and she was not authorized to work" but still she worked. what will be the consequences? Can she be deported?

 

[dpenabill]

Thanks Dpenna... Is been almost 3 years since we spoke in forums.

Yeah she has enough days from 2014 july 14 to July 14, 2018... we are not worried about days from the workpermit period into the PR calcuation. But what if they find out that " She was out of status from June 3 - July 14,2014 and she was not authorized to work" but still she worked. what will be the consequences? Can she be deported?

Overall, so long as there were no misrepresentations made to CIC then or later, or IRCC since, the mere fact of working EVEN IF it was without status allowing the individual to work, should be NO PROBLEM.


The fact of working without authorization, that alone, is generally cured when a person ceases to work without authorization or obtains status which includes authorization to work. So no need to interpret or judge whether there was implied status allowing the individual to work or not.

Generally it is similar to overstaying. Once someone overstaying leaves Canada or otherwise has status to stay in Canada, the overstay is cured.

Of course the past fact of doing this can be considered in assessing some issues, and working without status is likely to have more severe weight in this regard than merely an overstay, but this is limited to how it might be relevant. For example, a person who has worked without status who is applying to enter Canada as a FN visitor might encounter a skeptical CBSA officer, or if applying for a visitor visa a skeptical IRCC officer who is aware the individual has previously breached the terms of his or her status in Canada.

Hard to see how an old overstay or working-without-proper-status would be relevant for someone who is now a PR.

Of course, any misrepresentations made to CIC or IRCC are NOT cured.

 

[omnisap]

Thanks Dpenna...we are not sure whether to apply now or wait for one more year and apply on July 14, 2019 so we are not misrepresentation.