CEC -1 stage approved, 2 stage questions ???

[jseeger]

Hi, so i have had the initial screening approved and a letter sent back to me asking for the medical and police check, ran into the same problem as a few others it arrived on the 29th but was dated the 8th from when it was sent. not to worry. but here is the kicker.

My original visa expired not long after i sent the application in and i have been working still under the legislation that says you have deemed status until you have an answer on your current application. so now on the list of document that they requested was in the other section is proof of my current status in canada.

So i don't have a current visa because i've been waiting for my application approval. so what should i send them?? and thoughts.

I sent them that copy of my passport with the stamp but obviously it has an old date under it.

cheers.

 

[rjessome]

Hi, so i have had the initial screening approved and a letter sent back to me asking for the medical and police check, ran into the same problem as a few others it arrived on the 29th but was dated the 8th from when it was sent. not to worry. but here is the kicker.

My original visa expired not long after i sent the application in and i have been working still under the legislation that says you have deemed status until you have an answer on your current application. so now on the list of document that they requested was in the other section is proof of my current status in canada.

So i don't have a current visa because i've been waiting for my application approval. so what should i send them?? and thoughts.

I sent them that copy of my passport with the stamp but obviously it has an old date under it.

cheers.

The legislation you are talking about does NOT apply to CEC or any other PR application, only temporary status like WP or TRV. You have been working illegally unless I misunderstood something and you have applied to have your Work Permit extended. If your WP is still valid, you are fine but will need an extension until a decision is made on your PR application. The Visa is a different document, stamped in your passport allowing you entry into Canada. If your WP is valid, you need not worry about the Visa unless you want to travel outside of Canada and return. If both have expired, you are without status in Canada and need to apply for restoration or to leave Canada.

I think the document they are looking for is your Work Permit.

 

[jseeger]

Ok thanks, let me clear up a couple of things. i had a work permit, it has expired. I have the permit (the paper copy) it also has an expired date on it.
the stamp in my passport also had the date underneath it and that date has also passed.

Why does the legisalation not apply to CEC?

http://laws.justice.gc.ca/eng/SOR-2002-227/page-5.html#codese:186

(IRPA (Immigration and Refugee Protection Act & Regulation) R186 (u) states:

until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.

So if i have no current legal status either with a work permit/visa or as a tourist.

what do you recomend doing. leaving canada and coming back in as a tourist and sending that??

How do i get restoration and how long does that usually take??

 

[jseeger]

The legislation you are talking about does NOT apply to CEC or any other PR application, only temporary status like WP or TRV. You have been working illegally unless I misunderstood something and you have applied to have your Work Permit extended. If your WP is still valid, you are fine but will need an extension until a decision is made on your PR application. The Visa is a different document, stamped in your passport allowing you entry into Canada. If your WP is valid, you need not worry about the Visa unless you want to travel outside of Canada and return. If both have expired, you are without status in Canada and need to apply for restoration or to leave Canada.

I think the document they are looking for is your Work Permit.

so i looked at the legislation again and looked at the subsection 201(1) and it refers to the work permit renewal.

so my previous question still remains... what should i do? leave Canada and come back??

it's been just over 90 days since it expired. and so then i probably wont be able to restore my work permit right??

 

[jes_ON]

Oh geez, I hate reading these. You were so close, but now... It is horrible that your employer did not give you better guidance. By my reading, you are beyond renewal, you are beyond restoration. Simply leaving isn't going to change the fact that you have violated immigration law. Get thee to an immigration lawyer, ASAP. Don't normally recommend lawyers, but in this case... just my opinion.

 

[rjessome]

Are you from a visa exempt country? Anyway, you need to give them what they asked for first which is a copy of your WP even if it has expired. I'm sorry but without seeing the letter it's difficult to tell you what to do. It seems you've met the requirements for CEC so as long as that is the case, you may be fine but you should probably leave Canada or apply for a TRV. But you need to STOP working now.

Yeah, go to an immigration consultant or a lawyer and get some help. Employers don't really know immigration law and are not expected to. MOST people don't know immigration law. The onus is always on the applicant. If you are in Vancouver or the lower mainland of BC, I can recommend a few consultants and lawyers.

 

[jseeger]

Are you from a visa exempt country? Anyway, you need to give them what they asked for first which is a copy of your WP even if it has expired. I'm sorry but without seeing the letter it's difficult to tell you what to do. It seems you've met the requirements for CEC so as long as that is the case, you may be fine but you should probably leave Canada or apply for a TRV. But you need to STOP working now.

Yeah, go to an immigration consultant or a lawyer and get some help. Employers don't really know immigration law and are not expected to. MOST people don't know immigration law. The onus is always on the applicant. If you are in Vancouver or the lower mainland of BC, I can recommend a few consultants and lawyers.

thanks for the news, yeah it seems i have messed this up pretty good. I am from a visa exempt country. AUST. in the application i clearly sent all my visa information and on the background check made no attempt in hiding that i was working currently. i could probably use some help.
I'm going to take your everyone's advice and get a lawyer or at least talk to one to get some guidance, RJESSONE , you said you could recommend some ???

 

[Vizzynuts]

jseeger,

I have a question for you. Did you send a copy of the work permit with the original application?

 

[jseeger]

jseeger,

I have a question for you. Did you send a copy of the work permit with the original application?

yeah i sent it all with my initial application. it was current at the time of application sent but expired about 40days after receipt of application in buffalo.
cheers

 

[Vizzynuts]

Thats unfortunate.

Do let us know what your plans now are. Are you going to go back to the home country and send in a new application?