Unauthorized work

[Saphire27]

Thankyou all for your support and help.

I'm in the process of contacting the Immigration lawyer. There was no communication from CIC regarding my work permit rejection.
Once my employer submitted my application, I used to keep on calling the CIC call center but never told me about the rejection and my status.

 

[yahoo7]

Thankyou all for your support and help.

I'm in the process of contacting the Immigration lawyer. There was no communication from CIC regarding my work permit rejection.
Once my employer submitted my application, I used to keep on calling the CIC call center but never told me about the rejection and my status.

The email you pasted in this forum seems to be incomplete...did you paste the complete email which you received from CIC?

 

[Canadavisa07]

Thankyou all for your support and help.

I'm in the process of contacting the Immigration lawyer. There was no communication from CIC regarding my work permit rejection.
Once my employer submitted my application, I used to keep on calling the CIC call center but never told me about the rejection and my status.

I guess you missed my question earlier. When did you receive the email ?

 

[noc4012]

Wouldn't work under "unauthorized" status be cause for removal from Canada? You may try to get PR but then what if CIC decide to ask you to leave?

 

[whymeee]

Wouldn't work under "unauthorized" status be cause for removal from Canada? You may try to get PR but then what if CIC decide to ask you to leave?

Only if you had overstayed your visa, I reckon..

 

[noc4012]

Only if you had overstayed your visa, I reckon..

The visa expires on the same day the work permit is set to expire. Do you mean overstaying the 90 day limit?

 

[makunda]

Thankyou all for your support and help.

I'm in the process of contacting the Immigration lawyer. There was no communication from CIC regarding my work permit rejection.
Once my employer submitted my application, I used to keep on calling the CIC call center but never told me about the rejection and my status.

Hi Saphire,
I didn't get it properly. You applied with two years work experience. However CIC is saying that you do not qualify because, the 2 year period contains 2 month of unauthorized work? is it so? CIC have rejected your case totally? Or, they asked your explanation?

 

[SenoritaBella]

Yeah. He started working in Canada in Jan 2009, was eligible to apply under CEC in Jan 2011, but applied in June 2012. So the 2 year period the officer is looking at(within the last 36 months) would be June 2010 to June 2012.

His work permit expired Nov 2011. He had implied status until March 2012. Work permit was rejected, so he had to stop working immediately. He learnt about rejection 2 months after it happened and had continued to work - this is considered unauthorized work.

Employer applied for restoration, work permit approved.

According to his hours and earnings, the officer can see that he continued to work for 2 months after the permit was rejected. Unfortunately, it does not matter that he didn't know.

As Scylla said, the only option is to re-apply under the new rules. The OP should also make sure that the one year work experience is actually when he had a valid work permit. e.g. e.g. if the OP received new permit on May 2, 2012, wait until after May 2, 2013 to apply.

That said, in the personal history section, the OP will have to account for this 2 month period and provided an explanation. I would encourage the OP to seek legal advice(from an experienced immigration lawyer) with this new application. Budget about $3000 - $5000 for lawyer fees.

Hi Saphire,
I didn't get it properly. You applied with two years work experience. However CIC is saying that you do not qualify because, the 2 year period contains 2 month of unauthorized work? is it so? CIC have rejected your case totally? Or, they asked your explanation?

 

[noc4012]

Yeah. He started working in Canada in Jan 2009, was eligible to apply under CEC in Jan 2011, but applied in June 2012. So the 2 year period the officer is looking at(within the last 36 months) would be June 2010 to June 2012.

The 3 year period to be considered is from June 2009 to June 2012. He would have completed two years by June 2011 assuming it was full-time prior to that. So it's not that he didn't have two years, but the VO felt that working for 2 months without authorization is grounds for refusal according to the Immigration Act. So as you said, he needs to talk to a lawyer to reapply again because they may always hold this against him, or at least for a period of time.

 

[SenoritaBella]

What I mean is this: he applied as a temp. foreign worker and the rules at the time required 2 years work experience within the past 36 months. As he says, he was eligible in Jan 2011 but applied in June 2012.

Because of that, the 2 year experience that was considered by the officer is from June 2010 - June 2012 and he worked for 2 months illegally in 2012. So he had 22 months of experience AND worked illegally - those are the two issues.

The 3 year period to be considered is from June 2009 to June 2012. He would have completed two years by June 2011 assuming it was full-time prior to that. So it's not that he didn't have two years, but the VO felt that working for 2 months without authorization is grounds for refusal according to the Immigration Act. So as you said, he needs to talk to a lawyer to reapply again because they may always hold this against him, or at least for a period of time.

 

[jes_ON]

His work permit expired Nov 2011. He had implied status until March 2012. Work permit was rejected, so he had to stop working immediately. He learnt about rejection 2 months after it happened and had continued to work - this is considered unauthorized work.

Employer applied for restoration, work permit approved.

According to his hours and earnings, the officer can see that he continued to work for 2 months after the permit was rejected. Unfortunately, it does not matter that he didn't know.

That said, in the personal history section, the OP will have to account for this 2 month period and provided an explanation. I would encourage the OP to seek legal advice(from an experienced immigration lawyer) with this new application. Budget about $3000 - $5000 for lawyer fees.

I agree with SenoritaBella's interpretation & recommendations.

As PMM correctly pointed out, an applicant for a work permit is required to sign the application, even if they have appointed a representative (employer's lawyer?). This would be true for the 2nd application/application for restoration, as well. So either the OP knew (that includes signing documents without reading them, no excuse!), or the "representative" fraudulently submitted an application in his/her name.

Either way, legal advice will be important -

 

[yahoo7]

jes_ON, sent you a PM.

 

[asbereth]

What I mean is this: he applied as a temp. foreign worker and the rules at the time required 2 years work experience within the past 36 months. As he says, he was eligible in Jan 2011 but applied in June 2012.

Because of that, the 2 year experience that was considered by the officer is from June 2010 - June 2012 and he worked for 2 months illegally in 2012. So he had 22 months of experience AND worked illegally - those are the two issues.

Wasn't the rule two years of work experience within the last three years (36 months) preceding the date of application? He applied in June 2012, which would mean that the officer should consider the three year period prior to the date of application, which started on June 2009.

From June 2009 to June 2012, he would have been authorized to work up until March 29 2012, when his application for work permit renewal was refused, and from June 2009 to March 29 2012, he would have had more than the required two years of work experience. I agree with noc4012, the ground for refusal was working without proper authorization, not that he did not have enough authorized work experience within the last three years (because he did).

 

[makunda]

His work permit expired Nov 2011. He had implied status until March 2012. Work permit was rejected, so he had to stop working immediately. He learnt about rejection 2 months after it happened and had continued to work - this is considered unauthorized work.

If the work permit expired on Nov 2011, so implied status means as long as CIC is making the decision on the new work permit application, right? OR, is there any fix amount days, suppose 90 days, that you are in implied status after the expiry of your work permit. Please advice.

 

[makunda]

Let me explain this case. I applied for permanent residence under CEC class on July 26th 2012. I showed my work experience from April 2010 to July 2012, a total of 2 year 3 months.

Now, my last work permit was based on my spouse's work permit, which expired on 30 Nov 2011. I applied before the date of expiry, however, was notified by CIC on 10 Jan 2012, that my work permit got denied, because my spouse was not working under category A or B. Here, i need to explain that my wife was working under category B, however, her employer gave a wrong job letter. Anyways, I applied again for restoration within 2 days, and received the restored work permit on 2 Feb 2012. These 20 days, I was working at my old place. I made a great mistake !!

Now, any of the senior friends, could you please tell me whether my PR application will be refused based on this? I am very very worried. Please help. What will be my next step? I guess I am in a great trouble. Please please help !!! I am supposed to get the medical request by next week or so...Please anybody HELP !!!