Got rejected on the immigration border

[IdleHands]

Hey guys, hopefully some of you might be able to give me information and advice on my current situation. Here's rather long story.

Me and my girlfriend both came to Canada in Feb 2014 on a IEC Working Holiday Visa which lasts for a year. We were working in different customer service jobs, but in November 2014 my gf got a got job with a Engineering company who started an LMIA process in January 2015.
In the meantime I found some online projects I have been working on as a Social Media manager (creating content on social media channels like Facebook, Twitter, etc...). We've also registered Common-Law status.

I've returned back to Europe when my Visa was up and registered a company on my name and kept social media projects, since they were the sole source of my income and I wanted to contribute to our living expenses. I have returned to Canada in May and explained to the immigration officer that I am a Social Media Manager and am returning to Canada both from personal and business reasons, since I had two canadian clients I am freelancing for. At at time the officer gave me 2 months. Since I am EU citizen I didn't need a visa to enter as a visitor but I guess I was just unlucky.

After those 2 months, I went back to my country and intended to return after only three days. This time I had different outcome. I've explained to the immigration officer I'm back for personal reasons - my gf was just about to get a Young Professional Visa (and she's also waiting for LMIA outcome) and I wanted to apply for an open work permit when that happened. I've also mentioned that I've got registered company back home and I have received funds from a Canadian client. The officer told me that this was against regulations and I had to return back immediately. I thought it didn't matter since my work is remote and I can take clients from any part of the World.

He gave two choices:

a) Try and get the case settled legally. In this case I could endanger my gf's immigration process.
b) Sign "Application to Leave Canada" IMM1282 (06-2002) B which states that the immigration officer is allowing me to withdrawn my application to enter Canada and leave Canada without delay.

Not much of a choice, I agree? He also mentioned that I cannot return after 6 months from my last working relation from my Canadian client. Obviously this is a very difficult situation since I want to be with my partner and it has been tough for us to be apart that long.

Do I really have to wait 6 months? Even if I obtain open work permit before that.
Has this offence been recorded? The document stated has a FOSS ID that can be looked at, however just for Canadian residents?
Would you recommend reaching out to someone else to help with the situation?

For any information or advice, I'm going to be extremely grateful.

Thanks

The document can be read here:
bit.ly/1LXK6jt

 

[scylla]

What you were doing was working in Canada illegally. It's true you can work in Canada remotely without a work permit under certain conditions - one of these conditions is that none of your customers / clients are Canadian. Since you had Canadian clients, a work permit was required because you are completing with the Canadian workforce. If you had remained outside of Canada after your work permit expired - there would have been no issue. Returning to Canada and working within Canada without a work permit is what has created this problem for you. Again, there is no question this work was illegal. Sorry.

Yes - you are banned from applying for a work permit for six months (this is the ban given for engaging in illegal work). You have no choice but to wait out the ban. If you try to apply for a work permit before the six month period is over - it will be automatically refused. Yes - your ban is recorded in CBSA / CIC systems and will be visible to officers when you enter Canada and/or submit any kind of application.

I don't see any point in pursuing this legally and trying to get the ban overturned. First of all, the process will likely take more than six months and by that time your ban will be over anyway. Secondly, you were in fact working in Canada illegally - so the ban was correctly applied to you and you don't have a leg to stand on to get it reversed.

 

[IdleHands]

Thanks for a clear answer scylla. I appreciate it. I guess there's nothing else to do than wait it out.

By the way, can I make steps to obtain an open work permit from outside and then wait till the ban is open?

 

[scylla]

Thanks for a clear answer scylla. I appreciate it. I guess there's nothing else to do than wait it out.

By the way, can I make steps to obtain an open work permit from outside and then wait till the ban is open?

You can't apply for a work permit of any kind until the ban has been completed unfortunately. You can certainly start speaking with employers about opportunities (including interviews). If an employer wanted to to obtain an LMIA for you (to support you getting a closed work permit) - they could kick this off as well before the six months is over. However you can't submit a work permit application of any kind until after the six months have passed.

 

[IdleHands]

That is unfortunate. My gf just got her visa approved today (yay!), but we still have to wait out 6 months, put in an application and wait for that process to finish, right?

Am I able to get to Canada as a tourist after 6 months and apply for a work permit from within?

I've got a potential employer who is willing to obtain an LMIA. If I understood correctly, we can definitely start the LMIA application and wait for the assessment and if that is successful, only then we can start another process for obtaining the work permit, right?

 

[scylla]

Correct - you have to wait six months before you apply for a work permit based on your girlfriend's work permit. The ban you are under applies to all forms of work permit. And yes - your employer can certainly start and complete the LMIA process. However, once again, you cannot submit a work permit based on that LMIA until a full six months have passed and the ban is over.

I believe you can come to Canada as a tourist (not certain) but would caution you from doing so. You have a recent refusal based on illegally working in Canada after entering as a visitor - and a six month work permit ban. If you return to Canada this soon afterwards with the intent to stay for six months as a visitor, CBSA may very well suspect you have plans to work illegally again and refuse you entry (even slap you with a one year ban from entering the country - and yes, this is certainly something they can do to you). You should expect all of your past immigration history will appear on their computers as soon as your passport is swiped as you are entering Canada. If I were in your shoes I would wait out the six month ban outside of Canada to demonstrate that you understand the seriousness of your immigration rule infraction and to show that it truly was a mistake and you will follow the rules going forward. I think returning to Canada would be an extremely risky move and a mistake. Remember, entering Canada is not a right (but CBSA officers do have the right to refuse you entry and ban you for a year). Also, even if you have an approved LMIA - this by no means guarantees your work permit will be approved as well. Same goes for any work permit you may apply for based on your girlfriend's work permit - even after the ban. No guarantee this will be approved either. Let's say you try returning to Canada as a visitor and are refused entry again. The two refused entries could create problems getting approved work permits once your work permit ban is over. I know it's not what you want to hear - but your best/safest option is to stay out of Canada for the six months. Ultimately up to you.

 

[IdleHands]

I meant entering Canada as a tourist after 6 months. I would show my co-operation and respect to the laws that way and only then apply for work permit from within. Would that be an option to consider?

I apologize if I'm asking so many similar question but as you're aware, it means a great deal to me (us).

 

[SenoritaBella]

After your ban is over, you are free to try again. However, this time ensure you have adequate funds and carry proof of same. Since your girlfriend is already working, she can aslo vouch to provide for you. This way they won't be too concerned about you potentially working illegally. As a reminder, you must disclose this refusal in all future immigration applications. Not doing so could result in a refusal of your application under grounds of misrepresentation (which carries a ban of 5 yrs now). Hang tight... the time will go by fast.

 

[SALLYMA]

Can you please let me know what happened next when you applied after 6months as I am in a similar situation.