Looking for advise (no bashing please)

[faith13]

Hi everyone,

first off, I would like to explain my very bad situation. I've been following this forum for a while and I was hesitating to look for advice because I know I would probably only get bad comments or rough replies. There is nothing that could really justify my situation I guess. But here is what happened. I try to keep it short.
In feb 2009 (I was a student at that time) I came over here to canada to serve an internship. I had an open work permit through the youth mobility program. I never got paid for the 7 months I served my internship here. So I never claimed any tax or anything. At that time I worked as a stock boy for 3 months that was pretty much it. Left the country in Sep 09 to finish my school. Went home applied for a new work permit, because I wanted to write my thesis over here. At that time for the youth mobility program you were only allowed to apply once for the open work permit. So I had to apply for a close one at the company I served my Internship. I got the new work permit (no lmo was needed, I guess because it was a student work permit?). So I finshed school in Oct 2010. However, here is where things get complicated, the company and all the staff left the owner and formed a new company Sep 2010. At that time I was not really aware of all the rules and regulations. I came over and I pretty much worked under the new companys name assuming it was "ok" because of the experience of the open wp. So time went by and in Aug 2011 I found out it was illegal to work like that. I freaked out started to apply for a new one, with companies explanation letter and all that stuff. However I didnt even know I needed a positive LMO to get a new wp. So after 4 months cic rejected my application because of missing LMO. I got a positive LMO after and applied right away again ( I still had implied status all the time) 5-6 months passed by again. Things got worse. I left the country for 1 week in August because a vp at cic said it was ok to leave. I came back to canada and right at the border I found out I lost status since 4 days. My gf and I were devastated. They told me, I have to leave the country right away and can't come back to canada. Car will be towed and my gf has to find her own way home (she is canadian citizen). We were explaining them the situation that when we applied for the new wp, we wrote an explanation letter and attached all the companies explanation letters. Luckily they gave me a visitor visa for 7 days to go back to canada and bring all the documents such as work contracts, diploma (apparently that was missing and reason for denying my new wp) etc. I came back the next day and I got the new wp, and they even told me to apply for PR right away. I went home and thought that was a good new start and it was Aug 2012 at that time. Couple months later on new years eve 2012 (after getting engaged), my fiance got hit by a street car and suffered a traumatic brain injury. My application for CEC got delayed. I had such a rough time, I don't even know where to start. Well while she is still recovering from the brain injury I had to apply for CEC. I sent out my application on March 1st. Giving them all the things they needed. However my concern is I didn't added an explanation letter for the time I was working "illegaly" even though my current work permit is now correct. I gave them all my work contracts, paystubs from the time I first started my job. Now I'm scared they don't even consider my working experience as "ok" and probably going to deport me as well. I can not leave right now because I want to marry her and take care of her while she is in this kinda stage of coma. Can someone please give me advise without telling me it is Illegal to do this and that. I know all that, I'm fully aware. But what can I do?? I don't need a summary of my actions/life. I apologize if I made someone angry with this post. I'm really sorry, I'm just so frustrated and confused. Thank you so much for listening.

 

[bajgal]

sorry to hear about your situation Faith13. It might be best if you seek the advice of an immigration laywer as this case is complicated.

 

[CEC2013]

sorry to hear about your situation Faith13. It might be best if you seek the advice of an immigration laywer as this case is complicated.

I would concur! This is a bit complex and your interests would be best served by seeking professional assistance.

 

[faith13]

I would concur! This is a bit complex and your interests would be best served by seeking professional assistance.

thank you both bajgal and CEC2013. I guess that would be my next option, if I have no other options. What do you guys think, I should do with my submitted application from march 1 2013? Leave it or cancel it?

 

[cec6305]

Sorry to hear that, you can always send an explanation letter once you receive your AOR.

 

[seton]

I'm sorry that you've had such a hard time, and I wish your fiancée the speediest of recoveries.

What is unclear is the timeline of your work experience and your eligibility to work. When you apply for a work permit, you only have implied status if you were authorized to work before applying.

How many months did you work with a valid WP in total over the last 36 months (from March 1st)? In the end, ultimately this question is the only one that matters to be approved in this class.

 

[faith13]

Sorry to hear that, you can always send an explanation letter once you receive your AOR.

Ya thank you cec6305 for your advice. I will probably do that as well and look for professional help.

 

[faith13]

I'm sorry that you've had such a hard time, and I wish your fiancée the speediest of recoveries.

What is unclear is the timeline of your work experience and your eligibility to work. When you apply for a work permit, you only have implied status if you were authorized to work before applying.

How many months did you work with a valid WP in total over the last 36 months (from March 1st)? In the end, ultimately this question is the only one that matters to be approved in this class.

first off, thank you seton for your kind words. She is recovering but unfortunately very slowly. She got her bone flap removed (a big piece of her skull) to let the swelling go down. I pray to God everyday she will make it and become my beautiful wife one day.
As for the papers. I think I had implied status and I was authorized to work because my work permit wasn't expired. However according to my wp I was not allowed to work for my current company because it still had the other companies name on the wp, but then again you are right, I wasn't authorized to work for my current company even though all the staff of the old company formed a new one ( the old one went off business, I think) I worked with my new wp from aug 2012 till present. You don't think an explanation would help to maybe get approved still? I mean I spent almost 3 years in this country already and paid all my taxes and claimed them too. Why is it such a big deal? I stayed with one company ever since I made my first step on this country.
Again, I would like to thank you for your kind words and advice seton. Really nice of you.

 

[seton]

Hi faith13,

In my opinion (I stress my opinion), you would not have reached the required work experience requirement. A key criteria is for the work to be authorized. The work you did prior to August 2012 would not have been authorized. Therefore you would only have 8 months of eligible work experience (or less, depending on the number of days). Your implied work experience would only have allowed you to work under the conditions of your previous work permit - as such, for those months, you would have still been bound by your original WP requirements.

Unfortunately the CEC class is a pass/fail system - you don't get any points or credit for either paying taxes or living in the country (unless your work was authorized).

I do agree with the above to consult a lawyer - I suspect your best option would be to work until August 2013, and apply after having worked 12 months full-time (ensuring that the work is also skilled) and reapplying after you meet the requirements. You do have the option of withdrawing your application and getting a refund on your fees, once you don't receive your AOR.

 

[CEC2013]

Dont take this as bashing, cuz its not. Just wanting to make a point.

The big deal is that you were not authorized to take up empoyment other than the one you were approved for. There has been an increase in enforcement of CIC regulations...as seen through rejections on this forum where they speak about similar situations, where unathorized experience was not counted. Yes, you have been here 3 years and filing taxes, but that is only a portion of the criteria. My assumption is that this changing atmosphere is due to the fact that immigration numbers are skyrocketing, and they can pick and chose as they wish. This is also why the system is slowly moving towards EOI. A saturated market is that many more choices for them.

An example: I have an open work permit, but with restrictions. Had I entered the workforce in lets say the medical industry, I would have violated the terms and that experience would, by default, be characterized as unathorized and not counted. Despite having credentials, being qualified and whatnot else, terms of the permit that was issued are binding.

Thats said...I do hope it works out, but putting my CIC hat on, this situation is somewhat cut and dry. Hopefully your application has experience that can be counted towards CEC, aside from that period when you were not authorized.

 

[jes_ON]

so sorry to hear about the accident, I wish the best for your fiancee's recovery.

Speaking to a lawyer in your case is good advice.

Unfortunately, I agree with Seton, you technically haven't been authorized to work for full year, yet. It's not 100% certain that the VO will either notice this or refuse your explanation, but you should be prepared for that response. You also haven't mentioned anything about your job (NOC) since you started as a stock boy (unskilled, not eligible), so I just hope you are 100% certain the the job is skilled (and therefore eligible).

Just for consideration, if you and your fiancee have been cohabitating for at least 1 year, you would qualify as a common-law spouse and could apply in the Family Class. Of course, I understand she is not able to complete any forms or affidavits at the moment, but you can keep that in mind for the future.

As well, you *might* qualify right now under the PNP program, it sounds like you have a supportive employer, so that might be a good option (whether or not you withdraw your CEC application doesn't matter, you are permitted to apply under more than one program).
http://www.cic.gc.ca/EnGLish/hire/provincial.asp

 

[faith13]

Hi faith13,

In my opinion (I stress my opinion), you would not have reached the required work experience requirement. A key criteria is for the work to be authorized. The work you did prior to August 2012 would not have been authorized. Therefore you would only have 8 months of eligible work experience (or less, depending on the number of days). Your implied work experience would only have allowed you to work under the conditions of your previous work permit - as such, for those months, you would have still been bound by your original WP requirements.

Unfortunately the CEC class is a pass/fail system - you don't get any points or credit for either paying taxes or living in the country (unless your work was authorized).

I do agree with the above to consult a lawyer - I suspect your best option would be to work until August 2013, and apply after having worked 12 months full-time (ensuring that the work is also skilled) and reapplying after you meet the requirements. You do have the option of withdrawing your application and getting a refund on your fees, once you don't receive your AOR.

Thank you seton for the info. I really appreciate it. I think I will consult a lawyer and add an explanation letter of the situation. I was even thinking to leave my CEC application and apply under the FSW program after I'm done with my whole year of experience in August 2013. What do you think? Is that an option? How do you withdraw from an application anyway?

 

[faith13]

Dont take this as bashing, cuz its not. Just wanting to make a point.

The big deal is that you were not authorized to take up empoyment other than the one you were approved for. There has been an increase in enforcement of CIC regulations...as seen through rejections on this forum where they speak about similar situations, where unathorized experience was not counted. Yes, you have been here 3 years and filing taxes, but that is only a portion of the criteria. My assumption is that this changing atmosphere is due to the fact that immigration numbers are skyrocketing, and they can pick and chose as they wish. This is also why the system is slowly moving towards EOI. A saturated market is that many more choices for them.

An example: I have an open work permit, but with restrictions. Had I entered the workforce in lets say the medical industry, I would have violated the terms and that experience would, by default, be characterized as unathorized and not counted. Despite having credentials, being qualified and whatnot else, terms of the permit that was issued are binding.



Thats said...I do hope it works out, but putting my CIC hat on, this situation is somewhat cut and dry. Hopefully your application has experience that can be counted towards CEC, aside from that period when you were not authorized.

dear CEC2013, thanks for your honest and kind words. I don't take this as bashing. Thank you. That was a good explanation. However, I think this system is not perfect as people might think it is. It has flaws and gaps in my opinion. I mean and I dont want to speak to anyone in particular, but how is it that a skilled worker has to struggle so hard to get their PR when on the other hand some people don't even speak the language properly or rip off the system to the max. Illegal workers or even fraud. I have been honest from day one, but I was also put in situations where I had no intentions to rip off the system. But I do understand where you are coming from. Thank you for your input. I hope it works out too. But do you think I should withdraw or do you think I can apply again for CEC, even if got rejected??

 

[faith13]

so sorry to hear about the accident, I wish the best for your fiancee's recovery.

Speaking to a lawyer in your case is good advice.

Unfortunately, I agree with Seton, you technically haven't been authorized to work for full year, yet. It's not 100% certain that the VO will either notice this or refuse your explanation, but you should be prepared for that response. You also haven't mentioned anything about your job (NOC) since you started as a stock boy (unskilled, not eligible), so I just hope you are 100% certain the the job is skilled (and therefore eligible).

Just for consideration, if you and your fiancee have been cohabitating for at least 1 year, you would qualify as a common-law spouse and could apply in the Family Class. Of course, I understand she is not able to complete any forms or affidavits at the moment, but you can keep that in mind for the future.

As well, you *might* qualify right now under the PNP program, it sounds like you have a supportive employer, so that might be a good option (whether or not you withdraw your CEC application doesn't matter, you are permitted to apply under more than one program).

Hi jes_ON, first off thank you for your kind words for my fiancee and me. Your input is very important and appreciated. I will be prepared for the response of the VO. I just hope he would give me a chance to explain myself. Maybe even get a chance to explain him the situation with my fiancee as well. I have definitely no intentions to take my fiancees situation and take advantage of him or anyone. As I also believe that doesn't happen to a lot of people who apply for PR's. But I just hope he could look at my case with a more understanding eye. I believe my position I'm holding is a skilled work. I have NOC code 2141. I am a graduated engineer from Germany. I also looked into the spouse sponsor ship, but we don't have shared bank accounts or a house etc. We are not that rich. We shared a small room togehter with other room mates in that house. Paid rent together ya and all that stuff. We've been together for a little over two years now and we've been living together for a little more than 1 year. Problem is the significant proof they want from me. Again, we weren't rich, we lived from what we had and were happy.
my employee is very supportive and especially at this hard time, but I don't think I would be ok for the PNP program. I looked into it and their expectations seem pretty high. Or what do you think?

I would like to have your opinion if you don't mind me asking. Am I allowed to apply again if I get rejected and I heard there is a bridging open working permit available after getting the AOR. I was wondering if you think maybe I can apply for that and look for another skilled job while waiting for a decision of my application. If it get's rejected I could apply again under CEC or FWP.
Again thanks for your help a lot, I notice you helped a lot of people here in this forum. A big thank you from me and my fiancee as well Smiley

 

[CEC2013]

Oh of course not, the system is not flawless. And I'm sure some people do get away with things. But unfortunately, and excuse the phrase, you don't get brownie points for being a good guy.

I know it doesnt make you feel any better, but at least you caught this early on and still have options. I spent 7 years in country XYZ with nothing to show for it. So, my view of the Canadian system is quite favorable.

Anyways, if you do get rejected, you can always re-apply. We've seen people with success that have been rejected in the past, fixed the mistakes and moved on. The only thing is that you lose time and money.

I think Jes made a good point about the common-law or even PNP. Its something worth checking out. Dont lose hope though, especially if you've come this far. Just look for a proper solution and if necessary, seek expert council with consultants or lawyers.