Unauthorized Work

[littlefoot88]

Hi Everyone,
I am new here. Applied for my PR under CEC last November from a lawyer. But before I got into that, I must tell you the story.

I had 1 year postgraduate work permit which end in February 2013. I start working September 2012. My company hired a lawyer to deal with LMO since October 2012. I kept contacting them and they said everything is fine, you will get your LMO and work visa soon, etc etc. February 2013 come and go, still no word about the visa. I asked them about legality of me keep working, but they assured me it's fine, the paper is already in the immigration centre. On October, due to the lack of working permit, they finally realized they had been duped by the lawyer. Nothing is filed, the lawyer gone with their money. We hire another firm, this time making sure it's a legit one. My company and new lawyer assured me that working is still fine, that is until February 2014. I stopped work by then, and was inform in July 2014 I had to leave the country, but my lawyer told me I can still apply for CEC. We filed in November 2014 (need sometimes to get all documents ready).

Now, I am very afraid that this will get rejected. I already tried my best to explain it in my documents, but already heard of CIC staff being black and white and don't care why this happen. My question is, what other alternative is there for me to be Canadian PR??

I am very desperate because I have a long term boyfriend there (we both did not want a spousal visa because I feel like I am using him), a cat, and a condominium in my name.

Every help will be welcome, and thank you very very much.

 

[rezafc]

Hi Everyone,
I am new here. Applied for my PR under CEC last November from a lawyer. But before I got into that, I must tell you the story.

I had 1 year postgraduate work permit which end in February 2013. I start working September 2012. My company hired a lawyer to deal with LMO since October 2012. I kept contacting them and they said everything is fine, you will get your LMO and work visa soon, etc etc. February 2013 come and go, still no word about the visa. I asked them about legality of me keep working, but they assured me it's fine, the paper is already in the immigration centre. On October, due to the lack of working permit, they finally realized they had been duped by the lawyer. Nothing is filed, the lawyer gone with their money. We hire another firm, this time making sure it's a legit one. My company and new lawyer assured me that working is still fine, that is until February 2014. I stopped work by then, and was inform in July 2014 I had to leave the country, but my lawyer told me I can still apply for CEC. We filed in November 2014 (need sometimes to get all documents ready).

Now, I am very afraid that this will get rejected. I already tried my best to explain it in my documents, but already heard of CIC staff being black and white and don't care why this happen. My question is, what other alternative is there for me to be Canadian PR??

I am very desperate because I have a long term boyfriend there (we both did not want a spousal visa because I feel like I am using him), a cat, and a condominium in my name.

Every help will be welcome, and thank you very very much.

First off, you have done what needed to be done, so don't worry much.

Secondly, are you still in Canada or back home? Did CIC ask you to leave the country and gave you some deadline? Or it was a 90 days grace period in which you could restore your status and get back on track?
These make difference. Did you / your lawyer explain the situation when you filed in your CEC application? Have you got an AOR yet?
If you didn't file in for any sort of permit before your post grad got expired then, you would not have gone through what is called implied status. Which essentially means that you can keep working till CIC comes up with a decision. Which means no experience is counted after Feb 2014. Even if you went under implied status it's usually for 2 to 3 months, even the paper application doesn't take 5 months. So I'm wondering how he could file in for a CEC application, since the basis of CEC is 1 year full time experience.

See these are the questions that need to be answered before anybody can help you here.

Now for your concern about alternative ways to immigrate to Canada, look into Express Entry and Provincial programme or even spousal if your boyfriend is up for it.

Don't worry much, just try to make a sense out of what is happening by studying more immigration rules by yourself. There is absolutely nothing more an immigration lawyer can do for you that you can not!

Stay positive,

 

[littlefoot88]

Hi Thank you for your reply.
I am currently back home now (not in Canada). We apply for TRV on November 2013 and got reply from CIC June 2014 that I have to go back home (which I did within that 90 days grace period). I was told because my employer stated I work there for 2 years-ish that I should not be worried about that one year requirement.

Would provincial program required me to have a Canadian employer though? Because I did get a lot of head hunters looking, but all of them balked when I told them they will need to provide me with working visa. I already consult to my lawyer about the Express Entry, but she told me to wait for CEC results before applying for Express Entry.

Thanks again for your reply

 

[jes_ON]

I had 1 year postgraduate work permit which end in February 2013. I start working September 2012.

I wish I could be more positive, but for CIC will only consider AUTHORIZED work experience, and based on what you have written, you do not have the minimum one year of authorized work experience required by the CEC program, you only have 6 months.

If you think you may be eligible under the Federal Skilled Workers program, it doesn't cost you anything to submit your EE application (except fees for the language exam and credentials assessment) . But it will not be accepted if you don't meet program requirements (at least 1 year of skilled work experience, inside or outside of Canada, and other criteria).

 

[retwant]

I heard many stories already regarding incindental unauthorized work, and not all them had a bad ending. What's done has been done. Most likely the best way to proceed is now to mitigate further damage to your future here in Canada. From your story, if I put myself in a CIC officer shoes, the culprit could be either you, employer, or lawyers. If you are the victim here, you need to show CIC what happened with strong facts & proofs. CIC officers are very strict with these, but some of them could very understanding that you never unknowingly work unauthorized.

There is also a chance that your employer neglected your LMO/Work Permit application, and then blame it non-existant lawyer. Since it is just an administration work for your employer, their priorities are much different than yours. It could be lost somewhere under other documents. Always the easy solution to blame someone else. This probably might not be the first time happening in your company. The lawyers too could have been scamming other company or people as well. CIC need to be informed about this to punish them, and prevent future occurence.

The biggest question now is how do you want to proceed? Did you save any of your correspondences with your employer regarding your LMO/Work Permit? How strong can you proof your case?

Please be strong, and stay positive, alright? You are not alone there, and there should be many others in even worser situation than yours. Cheers~

 

[928029]

I can feel your pain.

The LMO thing is so one-sided that employee never knows anything about it. My previous employer tried to get me a LMO, but the whole process, from application, to Service Canada's call, to the rejection, they said they have done everything they could, but i have NOT seen anything on paper. Even the LMO file number was given verbally by my boss.

If you ask me whether I think it can be a scam for the employer to keep a good employee, I would say yes.

But this is not necessarily your case, I hope everything will be fine.

 

[dennizgb]

I'm having similar issues. I ordered my GCMS notes and my application s basically standing cause they found out that I worked illegally for almost a month. I was so pissed off that I refused to work in my company until they get me a official letter of their *censored word*-up. My gf and I are under huge risk getting refused cause of greed and dumbness of my manager. He didn't want to tell me that they refuse my WP the day he found out, he kept it for 16 or 17 days.

At that time they hire a representative who did all paperwork, they screw my LMO's and WP twice...i had implied status until certain date. Government issue the paper(refusal of WP) on July 23rd, representative receive and review it week after. After consultation inside that immigration company, on Aug 7th they told my manager who was involved into every single discussion with immigration consultants. At that time, I heard only his versions of immigration paperwork. No one ever called me from that immigration agency, all the discussion was with my employer.
So, my employer receive news on Aug 7th that I have to stop working immediately. And idiot didn't told me that until Aug 25, when he came to me and told me that WP has been rejected and today I will have to sign resign letter. Which I did. That is the day that I put in my application(Schedule 8). And government went for second review based on that that I had implied status until July 23rd, but my Schedule 8 form says that I worked there till Aug 25th.

I got advice same day that I must get letters from my employers and that representative that they never told me anything until 25th. I refuse to work until I receive it. That was on wednesday, I receive letter from immigration company same day but it covers only period from July 23rd to Aug 7th, that is the date when they call my employer and they told him that I must stop working immediately.
Since wednesday I'm chasing that stupid manager to write me a letter for a period from Aug 7th to Aug 25th. I involve owner cause he is way better organized and gets things done. They are consulting between each other, going through papers to see what was the mistake, why they didn't told me.
I'm afraid they won't write me explanation letter because they can get fine from government(they are super cheap company) because it was their *censored word* up, not mine.
They can probably lose few thousand dollars, I can lose much more because of unreliable idiots.

If they don't write me that letter, I will have to write one on my own and explain...

 

[Amisnic]

You were working "illegally".

You aren't eligible for CEC as a result.

You may be able to bring a claim against your employer.

 

[dennizgb]

I had implied status until July 23, then they receive letter that my wp has been refused and they gave me 90 days to leave country. On Aug 25th I quit and left...It was under those 90 days. So I was legally here, but I don't know for work. I do not need travel visa.

Other thing, most likely my PR application will be refused, but however, since no one ever notify me and I was never included in any conversation or meeting between my representative and employer I still do have some chances, just I must prove that it wasn't my fault. They even told they I can sue them because not telling me.
On the paper from representative she claim that all discussion was with employer directly which was unusual. That happened in 2012.

I claim one year of full time work as Skill B in 2013 to 2014(Jan-Apr), more than a year.

I've been told there have been cases like mine, they've been successfully resolved, but there are also unsuccessful ones.

 

[Amisnic]

You can only be on implied status if you have made an application to renew and that application is pending. You did not make an application, correct?

 

[dennizgb]

Okay...so my visa expired on May 18th...few days before they apply for renewal, they got refused on July 23. In that refusal letter they gave me 90 days to leave Canada(I was told that on Aug25th, so I still had time to leaVe country until Sept 23 which I did). So I was working until Aug 25th...which was still under those 90 days. At the expiration of those 90 days, few days before, they apply again for WP. And on behalf successful LMO in Dec, I got WP in January.

 

[retwant]

Okay...so my visa expired on May 18th...few days before they apply for renewal, they got refused on July 23. In that refusal letter they gave me 90 days to leave Canada(I was told that on Aug25th, so I still had time to leaVe country until Sept 23 which I did). So I was working until Aug 25th...which was still under those 90 days. At the expiration of those 90 days, few days before, they apply again for WP. And on behalf successful LMO in Dec, I got WP in January.

When did you return to work again after you quit on Aug 25th?

 

[dennizgb]

My wp got approved on Jan 11th, I started around Jan 20th, following year

 

[retwant]

I had implied status until July 23, then they receive letter that my wp has been refused and they gave me 90 days to leave country. On Aug 25th I quit and left...It was under those 90 days. So I was legally here, but I don't know for work. I do not need travel visa.

Other thing, most likely my PR application will be refused, but however, since no one ever notify me and I was never included in any conversation or meeting between my representative and employer I still do have some chances, just I must prove that it wasn't my fault. They even told they I can sue them because not telling me.
On the paper from representative she claim that all discussion was with employer directly which was unusual. That happened in 2012.

I claim one year of full time work as Skill B in 2013 to 2014(Jan-Apr), more than a year.

I've been told there have been cases like mine, they've been successfully resolved, but there are also unsuccessful ones.

That means that technically you were unknowingly working unauthorized. Visa Officers (VOs) are human being same like us. Hopefully, you could strongly explain your case, and got an understanding VOs. Good luck!

It seemed that there are many cases of employers who are ignorant about their temporary workers status, jeopardizing their Canadian future here. Some of them might even lied about LMO/Work Permit of their employee. Of course, it is our own due diligence to understand and follow the immigration rules. But for vulnerable immigrants, who want to believe in Canadian dream, they will choose to blindly trust their employer and fall to the cliff of immigration doom.

 

[scylla]

Okay...so my visa expired on May 18th...few days before they apply for renewal, they got refused on July 23. In that refusal letter they gave me 90 days to leave Canada(I was told that on Aug25th, so I still had time to leaVe country until Sept 23 which I did). So I was working until Aug 25th...which was still under those 90 days. At the expiration of those 90 days, few days before, they apply again for WP. And on behalf successful LMO in Dec, I got WP in January.

Any work after July 23rd was definitely illegal. It sounds like the immigration consultant you were dealing with was completely incompetent. Unfortunately CIC generally doesn't care whose fault it was. They hold the applicant (you) responsible for knowing you status in Canada. Having said that, by all means try getting the letters and see if it will help.