Need urgent help

[Jinwoo Jeong]

Dear all,

I and my family received an exclusion order from the Canadian Border in Carway.
I had a work permit and we were going to get my family's visa. The officer asked me some questions and called my employer and concluded that I wasn't doing the supervising work and she took away my work permit and gave my entire family an exclusion order for a year.
We have less than 10days to leave. What can I do? Is there anything I can do? This is a outrages decision.
We do not want to go back.

 

[zardoz]

Dear all,

I and my family received an exclusion order from the Canadian Border in Carway.
I had a work permit and we were going to get my family's visa. The officer asked me some questions and called my employer and concluded that I wasn't doing the supervising work and she took away my work permit and gave my entire family an exclusion order for a year.
We have less than 10days to leave. What can I do? Is there anything I can do? This is a outrages decision.
We do not want to go back.

Please provide more details about your status and exactly what you were trying to do with the family. What documents were you given by CBSA and exactly what was the documented reason for the work permit cancellation and for the exclusion order. How and when did you get the work permit?

 

[Jinwoo Jeong]

I had a carwash supervisor work permit expiring 2020/09/01.
I had to work at this place for almost 2years now.
My family joined me in Canada after 18 months of separation and arrived as normal 6months tourist visas.
So before visitor visa was going to expire, we went to the border to get my spouse open work permit and visitors visas for my two small children.
I know now this was a bad idea but giving us an exclusion report is an inhuman thing to do.

There is a report by a border officer stating that I do not have PR or any other visa to stay permanently.
BUT there is no report about the reason for the cancellation of my work permit in the first place.
This makes me feel that the officer stole the permit from me.
Just because my boss did not answer properly due to lack of English, the officer cannot decide that I wasn't doing the supervising work.
This is wrong and this is such an unfair decision by the border officer.

 

[Jinwoo Jeong]

I got the work permit on 2018/09/02 at the same carway border

 

[Copingwithlife]

I’m confused , you said you received your work permit in September/2018, but in another posting you said you’ve been working for 2 years there already ..

 

[Jinwoo Jeong]

I started working at this place since 2017/Jan/11 with a carwash attendant work permit.
Upgraded to supervisor work permit to apply for AINP on 2017/Jul/11.
Got a new one on 2018/09/02 due to the expiry date.

 

[Buletruck]

I’d strongly suggest you Lawyer Up! CBSA has the authority to revoke visas based on “reasonable grounds” that the holder is in violation of the conditions of that visa. The officer, through questions to you and the owner has , what the believe are reasonable grounds and determined that you don’t meet those conditions. You need to decide if that is a road you wish to travel. Any finding of misrepresentation from an investigation would result in a 5 year exclusion order from Canada.

 

[Jinwoo Jeong]

But the problem is that there is no content in the report saying that my work permit was taken away for whatever reason.
The report only states that I have to leave because I do not have a proper document to stay in Canada permanently.
I did have proper status until they took away my permit and I think its so unfair to write a report like this. The whole report just makes me look like an illegal foreign national who stayed in Canada illegally.

 

[Jinwoo Jeong]

Who and where do I find an experienced lawyer in border appeals????
Any advice?

 

[zardoz]

Who and where do I find an experienced lawyer in border appeals????
Any advice?

Why not start with the lawyers that run this forum and they can perhaps refer you.
I suspect that the conversation with your employer may have indicated to CBSA that you are not in fact doing the supervisor job role that the work permit was issued for. If it isn't a NOC 0, A or B role, the attempt to obtain a SOWP could be considered as misrepresentation. Basically, a real mess.

 

[scylla]

Why not start with the lawyers that run this forum and they can perhaps refer you.
I suspect that the conversation with your employer may have indicated to CBSA that you are not in fact doing the supervisor job role that the work permit was issued for. If it isn't a NOC 0, A or B role, the attempt to obtain a SOWP could be considered as misrepresentation. Basically, a real mess.

100% agree. The answers the boss gave indicated the role being done is not supervisory. Your boss should have been able to answer basic questions about your job like how many people you supervise. Sounds like he wasn't able to do this which would have been a problem. Based on this, it unfortunately makes sense the work permit was revoked and exclusion order issued. Lawyer is the only option now - no guarantee this situation can be fixed.