Please help me!

[coolerchan]

Hi everyone. I need some advice and please help!

My wife and I have known each other for 8 years and just got married. She is a PR card holder and is planning to sponsor me.

So, here’s what I need advice about.

This year when I tried to enter Canada, I was refused entry into Canada due to my pervious overstay history (I overstayed for 3 months after my study permit expired). When the CBSA questioned me, I told him that I’m in a stable relationship with my girlfriend (my current wife). He then called her to office and photocopied her PR card and business card (I don’t know why he did so… maybe just for record?) Also, the officer checked my cell phone and found messages my uncle sent, asking me to deliver things, so he doubt that I also worked without working permit (I did deliver for my uncle sometimes, but I never got paid for doing that!). I ended up being issued an exclusion order (1 year), and on the exclusion order paper it says although I was suspected worked illegally, no future actions will be taken.

Now, my wife and I are filling all the application forms. We are wondering that in the application form, should we tick off I was employed (since I did deliver for my uncle)? And will that affected my application?

Thank you in advance!

 

[Coldstream63]

Tough question. I would actually call CIC and ask them for clarification. The last thing you want to do is to misrepresent yourself. Make note of the officer's name and date of the query, and what he/she says.

 

[Ponga]

I don't believe you can even apply until the exclusion order has expired.

And, even though your uncle was not paying you, you were in fact working without authorization (because you were doing something that a person would normally be paid for).

 

[sammystorm19]

I don't believe you can even apply until the exclusion order has expired.

And, even though your uncle was not paying you, you were in fact working without authorization (because you were doing something that a person would normally be paid for).

You can apply during an exclusion order. The PR won't be granted until after that order is up. There have been a few in on the Kingston thread that this happened too

As for filing out the application I have no idea.

 

[rhcohen2014]

I don't believe you can even apply until the exclusion order has expired.

yes, someone can apply for pr while an exclusion order is in process. CIC *may* start processing it or they may hold it until the exclusion order is over, either way i don't think the PR application will be approved until the order is expired. Depending on where the applicant is from, by the time the application starts processing, the exclusion order can be expired, so it may not even be an issue. generally, an exclusion order is CBSA's way of saying, "you messed up, and now we are giving you the time to come to canada the right way." I *think* a person can also apply for an ARC along with PR in order to get approved for PR prior to the exclusion order being over. i am not sure if people are actually successful with that because i think ARCs are difficult to get approved.

 

[Ponga]

So much for continuity, since there were a couple of people earlier in the year that were told otherwise. :-\

Good luck to the OP!

 

[coolerchan]

No worry guys, my exclusion order is expiring in June next year. My biggest concern is filling the form

 

[sakamath]

You could mention that you "volunteered" for your uncle (which you did). That way you are covered for misrepresentation.

 

[Ponga]

You could mention that you "volunteered" for your uncle (which you did). That way you are covered for misrepresentation.

Nope. That was not volunteering, because the uncle would have paid a Canadian (or PR) to make those deliveries for him.

People have gotten into a bit of trouble for babysitting for a family member, because that `volunteering' is also something that a person would be paid to do.

 

[sakamath]

Check if this link helps provide clarification regarding "volunteering".


http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp

• Unremunerated helping of a friend or family member during a visit.
• There may be other types of unpaid short-term work where the work is really incidental to the main reason that the foreign student is in Canada and is not a competitive activity, even though non-monetary valuable consideration is received. For instance, if a foreign student wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this would not be considered an activity which requires a work permit.

The OP has to mention that he volunteered/worked otherwise that would amount to misrepresentation especially when the OP has an exclusion order. I would still recommend stating "volunteer work" which would help explain the exclusion order as well as paint a better picture of the OP (that his intent was not to work illegally)

 

[rhcohen2014]

Check if this link helps provide clarification regarding "volunteering".


http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp

correct me if i'm wrong, but the op was NOT here on a VALID student visa at the time of his "volunteering", his visa was expired, therefore he was merely a visitor. that is a big difference, so i don't believe what you posted applies to everyday PR applicants in Canada as a VISITOR. That link specifies "volunteer work for foreign students". Show me where those same rules apply to someone here strictly as a visitor NOT a student!

Generally, the rule is ANYTHING a visitor does that is NOT marketed to the public as a volunteer role OR any Canadian would otherwise get paid for would be considered WORK. For example, one can not go "volunteer" as an office assistant unless that organization MARKETS that role as a volunteer opportunity to the public and would NOT otherwise pay any canadian to do the same job. On the otherhand, a visitor can volunteer for a food bank or animal shelter and perform tasks as a volunteer, because generally those roles are marketed to the general public as volunteer work and they do not pay Canadians to do the work.

 

[sakamath]

correct me if i'm wrong,...

I am afraid, the OP has crossed that bridge a long time ago when he got his exclusion order. The question now is should he mention "worked in Canada or not" in his PR application. That is where the point of volunteering comes in - and explaining the nature of work. This is to show that the intent of the OP was not to work illegally.

 

[rhcohen2014]

I am afraid, the OP has crossed that bridge a long time ago when he got his exclusion order. The question now is should he mention "worked in Canada or not" in his PR application. That is where the point of volunteering comes in - and explaining the nature of work. This is to show that the intent of the OP was not to work illegally.

no, it wouldn't because it doesn't matter if he uses the term "volunteering". it wasn't a "volunteering" opportunity. he was working illegally. no matter how HE describes it, CIC will see it as working illegally as cbsa did when he got excluded. intent or not, it was HIS responsibility to know the rules and follow them.

 

[canadianwoman]

This suspected working is already on his record, so the visa officer processing the application will know about it. I would ask an immigration lawyer about this issue - you don't have to get them to do the whole file, just give you advice about this, to keep it cheaper.
My take would be to say yes you worked in Canada, but explain fully that it was just an occasional delivery for your uncle and that you were not paid and did it just as a favour for him. If the form allows it, don't say 'yes working' or 'no not working': just say 'see attached explanation'. Don't mention the word 'work', just say what you did.

 

[coolerchan]

Thanks for the advices....