Same Employer Before and After Studies

[baileynelson]

Hi everyone, I am looking to apply my PR shortly through CEC.

While I was on Study Permit, I signed a full-time contract in my Spring+Summer break with a company. When I resumed my studies after summer (my last semester), I started working part-time on the same full-time contract. Upon completion of my studies, I applied Work Permit and switched to full-time work on the same contract, same position and with the same company.

Because of shortage of work due to COVID, I got laid off temporarily and was hired back again after a lapse of a couple of months.

I am aware that my experience on the Study Permit does not count towards my duration of work experience in Express Entry. However, I want to know if:

1) My start date of work on my Letter of Reference should be the one on which I began working in Spring (thinking so because I signed one single full-time contract, and that too, during my studies) OR should it be the day I applied my Post Graduation Work Permit (thinking so as I continued working without any break in my transition from study to work)?

2) I should include two letters of reference (thinking so because I got laid off and then got rehired)?

Thanks in advance!

 

[primaprime]

If it was the same employer I doubt you need two letters. You can only count work experience gained after you applied for a PGWP. You definitely shouldn't imply you were working full-time before that.

 

[baileynelson]

If it was the same employer I doubt you need two letters. You can only count work experience gained after you applied for a PGWP. You definitely shouldn't imply you were working full-time before that.

Hi primaprime,

Thanks for your reply.
Even if I don't imply I was working full time as a student, wouldn't they already know this as I would be submitting them my T4 Notices of Assessment?

 

[Wolfpmd3]

Hi everyone, I am looking to apply my PR shortly through CEC.

While I was on Study Permit, I signed a full-time contract in my Spring+Summer break with a company. When I resumed my studies after summer (my last semester), I started working part-time on the same full-time contract. Upon completion of my studies, I applied Work Permit and switched to full-time work on the same contract, same position and with the same company.

Because of shortage of work due to COVID, I got laid off temporarily and was hired back again after a lapse of a couple of months.

I am aware that my experience on the Study Permit does not count towards my duration of work experience in Express Entry. However, I want to know if:

1) My start date of work on my Letter of Reference should be the one on which I began working in Spring (thinking so because I signed one single full-time contract, and that too, during my studies) OR should it be the day I applied my Post Graduation Work Permit (thinking so as I continued working without any break in my transition from study to work)?

2) I should include two letters of reference (thinking so because I got laid off and then got rehired)?

Thanks in advance!

It's okay that you worked full time during regular scheduled school breaks, you're allowed to do so. Then you worked part-time during the fall term which is what you're supposed to do.

All you have to do is submit a letter from your employer where they indicate all the dates and hours you've worked and in what basis (full VS part time), you should them make sure to explain thoroughly as you did here the different periods of your work experience and submit the evidence (t4, paystubs, etc) for the relevant ones.

You've done everything right.

 

[primaprime]

Well, namely, there's the issue of if OP was working between completing their program and applying for a PGWP, which is illegal, although often tolerated if it's only for a short period of time and you're apologetic about it.

 

[baileynelson]

It's okay that you worked full time during regular scheduled school breaks, you're allowed to do so. Then you worked part-time during the fall term which is what you're supposed to do.

All you have to do is submit a letter from your employer where they indicate all the dates and hours you've worked and in what basis (full VS part time), you should them make sure to explain thoroughly as you did here the different periods of your work experience and submit the evidence (t4, paystubs, etc) for the relevant ones.

You've done everything right.

@Wolfpmd3, thank you very much for your reply.

I can certainly ask my company to detail the letter as you guided.
However, further to your explanation, there's this concern that I have. Not sure if I am overthinking, but please bear with me.

There was a duration during which I began working full time on my study permit in my last semester while waiting for approval of my project (i received approval in 25 calendar days and not business days). Afterwards, as my passport was expiring soon, I delayed applying work permit until my return from home country and receiving my new passport (to receive a full length work permit). So, after completion of my work permit, I worked for a month and a few days, and after that, I visited my home country for a month and got a new passport. After I landed back in Canada, I applied my work permit immediately. So, these are two durations I worked full time on my study permit before and after completion of my program. How should I tackle this? Please guide. Thank you.

 

[baileynelson]

Well, namely, there's the issue of if OP was working between completing their program and applying for a PGWP, which is illegal, although often tolerated if it's only for a short period of time and you're apologetic about it.

Absolutely, I now realize that I was wrong as I worked during that time. But I did not know that such a restriction had come into place. As a person with everything else perfect on their profile, I sure am apologetic about this mistake that I committed. The only reason behind this was to not lose my job as there was a pressure to start working full time asap, and simultaneously, my passport was expiring in one year and I didn't want to indulge myself in applying work permit and then its extension again. How do you think should I explain this, if at all? Thank you.

 

[primaprime]

Write a letter of explanation admitting to the illegal work and apologizing for not understanding the regulations. If it was a couple of weeks you will probably be fine; several months would be an issue.

 

[baileynelson]

Write a letter of explanation admitting to the illegal work and apologizing for not understanding the regulations. If it was a couple of weeks you will probably be fine; several months would be an issue.

Admitting and apologizing in the letter of explanation, I never knew before that this could be done too. My controversial working experience, as I mentioned, is about 2 months and a few days. I hope it doesn't become a problem.

Alternatively, if I get a letter made only from the day I applied my PGWP, is that considered misrepresentation?

 

[Wolfpmd3]

@Wolfpmd3, thank you very much for your reply.

I can certainly ask my company to detail the letter as you guided.
However, further to your explanation, there's this concern that I have. Not sure if I am overthinking, but please bear with me.

There was a duration during which I began working full time on my study permit in my last semester while waiting for approval of my project (i received approval in 25 calendar days and not business days). Afterwards, as my passport was expiring soon, I delayed applying work permit until my return from home country and receiving my new passport (to receive a full length work permit). So, after completion of my work permit, I worked for a month and a few days, and after that, I visited my home country for a month and got a new passport. After I landed back in Canada, I applied my work permit immediately. So, these are two durations I worked full time on my study permit before and after completion of my program. How should I tackle this? Please guide. Thank you.

You did break conditions of your study permit, and you did so knowingly.

The best advice is always to be honest and upfront.

You could either not mention this, or you could be upfront and explain this in your letter of explanation. For what I've read, you should be fine. However, when you break the conditions of your Temporary resident permit you should be ready to expect anything. I think nothing will happen but you should be ready just in case.

Lesson of life!

 

[LaFontaine]

Admitting and apologizing in the letter of explanation, I never knew before that this could be done too. My controversial working experience, as I mentioned, is about 2 months and a few days. I hope it doesn't become a problem.

Alternatively, if I get a letter made only from the day I applied my PGWP, is that considered misrepresentation?

I worked for about 2 weeks between getting written confirmation of program completion and applying for PGWP. I too didn't know this was illegal. I wrote a letter declaring this period of unauthorized work and apologizing for it. My PR is still being processed, so at least it was not an outright rejection I'm not sure how lightly they would take 2 months tho...but there's still some hope!

As for your second question, that will be misrepresentation and I highly recommend not doing this as the penalties for misrepresentation are very harsh!! Instead I recommend listing each period of work (starting from your actual start date), for example,
1. Jan 01, 2017 - April 15, 2017: Part time work at 15hours/week. $$$$/hour or salary amount
2. April 16, 2017 - August 15, 2017: Full time work at 30hours/week. $$$$/hour or salary amount
3.....
4.....

 

[baileynelson]

You did break conditions of your study permit, and you did so knowingly.

The best advice is always to be honest and upfront.

You could either not mention this, or you could be upfront and explain this in your letter of explanation. For what I've read, you should be fine. However, when you break the conditions of your Temporary resident permit you should be ready to expect anything. I think nothing will happen but you should be ready just in case.

Lesson of life!

@Wolfpmd3 thanks for your commment. I think one has to proceed with extreme caution and not rely on the word of mouth at all. I was told by many around me at that time that if I take an extension beyond the semester to submit my project only (I had at the end of my studies), I would not be considered an enrolled student. And when that is the case, it is totally legal to work full-time. However, I just learned a few days ago that they were wrong, as the ban on working between program completion and work permit application had just come into effect close to my program completion, and it was not very well-known at that time. That was the reason I was comfortable working full-time until receiving official program completion. However, yes, I did delay applying work permit so that I could catch a flight home quickly and apply a new passport. During this time, I continued to work knowingly to keep my job and earn money for the flight.

I would appreciate if you could get back to me with some more recommendations. Thank you.

 

[baileynelson]

I worked for about 2 weeks between getting written confirmation of program completion and applying for PGWP. I too didn't know this was illegal. I wrote a letter declaring this period of unauthorized work and apologizing for it. My PR is still being processed, so at least it was not an outright rejection I'm not sure how lightly they would take 2 months tho...but there's still some hope!

As for your second question, that will be misrepresentation and I highly recommend not doing this as the penalties for misrepresentation are very harsh!! Instead I recommend listing each period of work (starting from your actual start date), for example,
1. Jan 01, 2017 - April 15, 2017: Part time work at 15hours/week. $$$$/hour or salary amount
2. April 16, 2017 - August 15, 2017: Full time work at 30hours/week. $$$$/hour or salary amount
3.....
4.....

@LaFontaine thanks for your reply. I hope things turn out really good for you. I would take your suggestion on quoting my experience since the start. Thanks.

Could you please explain how you elaborated your case of working on study permit? How long has been your case in process already by now, if you don;t mind sharing please? Thank you.

 

[LaFontaine]

@LaFontaine thanks for your reply. I hope things turn out really good for you. I would take your suggestion on quoting my experience since the start. Thanks.

Could you please explain how you elaborated your case of working on study permit? How long has been your case in process already by now, if you don;t mind sharing please? Thank you.

Thank you! I wish you all the best too.

It was a one-page letter saying I would never knowingly jeopardize my chances of permanent residency in Canada and that I am very sorry. I detailed the period of unauthorized work like (these are example dates and scenarios)
December 26, 2017: Received written confirmation of program completion
December 27 - January 06, 2018: continued working part-time at CIC
January 07, 2018: applied for my PGWP

My file passed through all the assessments in 4.5 months but covid-19 hit right before the senior officer was supposed to make the final decision -__-

 

[Wolfpmd3]

@Wolfpmd3 thanks for your commment. I think one has to proceed with extreme caution and not rely on the word of mouth at all. I was told by many around me at that time that if I take an extension beyond the semester to submit my project only (I had at the end of my studies), I would not be considered an enrolled student. And when that is the case, it is totally legal to work full-time. However, I just learned a few days ago that they were wrong, as the ban on working between program completion and work permit application had just come into effect close to my program completion, and it was not very well-known at that time. That was the reason I was comfortable working full-time until receiving official program completion. However, yes, I did delay applying work permit so that I could catch a flight home quickly and apply a new passport. During this time, I continued to work knowingly to keep my job and earn money for the flight.

I would appreciate if you could get back to me with some more recommendations. Thank you.

As I said, IRCC usually rewards honesty.

That is your best bet in this case, also because it will be very easy for them to find out that you worked in breach of the conditions of your study permit even if they are not actively looking into it, is to be honest and probably follow @LaFontaine 's advice.

Good luck!