work experience with a visitors record

[GandiBaat]

Go read the case you posted again. The wage came in to question because duties were not consistent with NOC. The applicable standard is correctness.

[49] In my view, the visa officer did not treat Ms. Qin’s low salary as a disqualification in itself, because he also found that the description of her duties in the letter of reference was not consistent with NOC Code 1242: see also paragraph 25 of the affidavit of the visa officer in appeal book, at page 171.

Do you know the meaning of Certified Questions in an immigration litigation? If you did, ... nevermind anyways.

 

[help4pr84]

Do you know the meaning of Certified Questions in an immigration litigation? If you did, ... nevermind anyways.

Thank you for the replies. I did not mean to get anyone heated here.
GandiBaat - I should get a lawyer and not do it myself. What is the worst that can happen if I put up my application. Isn't worst case scenario that they will turn my application down and then I can hire a lawyer?

 

[scylla]

It seems pretty straightforward then based on the website "but there is no minimum wage requirement for your qualifying work experience."!
What about the stipend is that an issue?

You need to be paid a salary that is generally aligned to salaries for your occupation.

If the stipend was a low amount because you were being compensated in other ways, such as through free housing, this can be an issue for PR.

 

[help4pr84]

Thank you.
Why would free housing be an issue for PR?

 

[scylla]

Thank you.
Why would free housing be an issue for PR?

The free housing is not an issue at all.

What can be an issue is if your stipend is significantly lower than expected salaries for your occupation.

 

[help4pr84]

They would not count the housing as part of the stipend and then it would reach the expected salary?

 

[scylla]

They would not count the housing as part of the stipend and then it would reach the expected salary?

The housing will not be considered as part of your salary. Only money actually paid will be considered as part of your salary.

 

[help4pr84]

Thank you again.
Bottom line is I am receiving different advice from different people here. Should I proceed by myself. (MY t4 shows a salary of only 20000 a year) or should I hire a lawyer to sort this all out. (They are expensive and I was trying to save the money if possible)?

 

[scylla]

Thank you again.
Bottom line is I am receiving different advice from different people here. Should I proceed by myself. (MY t4 shows a salary of only 20000 a year) or should I hire a lawyer to sort this all out. (They are expensive and I was trying to save the money if possible)?

It's entirely your choice

 

[GandiBaat]

Bottom line is I am receiving different advice from different people here. Should I proceed by myself. (MY t4 shows a salary of only 20000 a year) or should I hire a lawyer to sort this all out. (They are expensive and I was trying to save the money if possible)?

I can only tell you what I did when I faced a sticky issue. I booked a consult, consolidated all my doubts and got a clarification from the lawyer.

My friend's case was much more involved. He had a surgery done related to heart and his wife was recently diagnosed with cancer. They were going with BC PNP and had their medical scheduled in 1 week. My "common sense" was telling it will be a sticky case. I called up my lawyer and introduced the two parties. Lawyer looked at entire situation and included some language in explanation and that was end of it.

What should you do? Honestly, I dont know. At best I can tell what I did in my past and if that worked. Beyond that, know that all people here are not lawyers nor RCICs. Most of us have seen things and that forms basis of our opinion. There is one genuine lawyer on the forum who sometimes help. @legalfalcon is the most knowledgable person here and is a professional lawyer.. Reach out to him and see if that helps or if you need a consult. He usually replies on this thread : https://www.canadavisa.com/canada-immigration-discussion-board/threads/thank-you-legalfalcon.408185

 

[armoured]

Thank you again.
Bottom line is I am receiving different advice from different people here. Should I proceed by myself. (MY t4 shows a salary of only 20000 a year) or should I hire a lawyer to sort this all out. (They are expensive and I was trying to save the money if possible)?

I would suggest looking at this in stages - first collect the information you can and start to prepare forms, etc., and identify what issues you have. This seems a potentially significant one, but also potentially a complete nothingburger - I do not know.

Then the stages that involve a lawyer: go and see one or two or three and ask for just a consultation. That might be $250 or so where you identify what you think are the serious questions. See what they say. Perhaps they'll confirm one or the other.

Next stage with a lawyer - which is not at all required - would be to have them prepare your app and manage the process for you. That's going to be quite a lot more, but may not be necessary at all. Or not within your means - but at least you'll be better informed about the seriousness of the issues.

And by the way since you are clergy: ask around, both within the church and parishioners. Given circumstances, the church itself may have resources, and if not, parishioners can sometimes be willing to assist clergy a bit more. If you're a junior cleric, of course, also speak to the more senior ones.

 

[help4pr84]

Thank you to all for the help until now.
I have another elated question.
I applied for a closed work visa with my current employer in april of 2022 and it finally was approved in october 6 months later. If I began working for that employer after the application but before the approval can I count that work as work experience with that employer (I was still under a visitors record between april and october) or only once my closed work visa went through? Thank you gain for your assistance.

 

[canuck78]

Thank you to all for the help until now.
I have another elated question.
I applied for a closed work visa with my current employer in april of 2022 and it finally was approved in october 6 months later. If I began working for that employer after the application but before the approval can I count that work as work experience with that employer (I was still under a visitors record between april and october) or only once my closed work visa went through? Thank you gain for your assistance.

You worked illegally so not only can’t you use the application. On top of this could get in trouble for not following the conditions of your visitor record which did not allow you to work.

 

[help4pr84]

Thank you
That does no sound good I was under the impression that once the visa application is in I had implied status to work.
Does this mean if I switch jobs again then I have to wait 6 months between jobs until my new closed work permit comes in?

 

[canuck78]

Thank you
That does no sound good I was under the impression that once the visa application is in I had implied status to work.
Does this mean if I switch jobs again then I have to wait 6 months between jobs until my new closed work permit comes in?

Not the case if you are a visitor in Canada you needed a WP to work. You can apply for a new WP while still on your current WP.