I got to Canada on a 2-year study permit and changed my program to 1 year and successfully finished it. I couldn't find another college to do a program that I like and missed to enroll. Since I had permitted to stay in Canada for 1 more year I worked full-time (8 months). I don't want to use this as an experience for my PR. However, I extended my study permit for 12 more months to study again and got PGWP for 12months which allowed me to gain 1-year of experience that I can use for PR. Should I be worried about processing my PR? (I always had a permit to stay in Canada)
worked full-time on a study permit (not enrolled in any college as a full-time student). will that affect my PR application?
- Thread starter thunderPharmD
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You were NOT allowed to work neither for full-time of 8 months, or any part-time. You are only allowed to work part-time for 20 hours during an academic semester. IRCC does have your illegal labour activity. It is not a week or two, but you worked the entire 8 months full-time illegally.
You should definitely be worried about your illegal work in Canada. However, I have seen some PR applications being approved with some small mistakes. However, I do think 8 months of full-time illegal work activity will influence your PR application. I would advise you to consult with an immigration lawyer.
A study permit allows you to stay in Canada provided:
- You ARE enrolled and pursuing studies, full-time.
- Yoy are NOT working more than 20h per week, except during scheduled school breaks (summer, December break, etc.)
- Your study permit will expire on the date marked on the permit or 90 days after the day you complete your studies, whichever comes first.
Yes, you were authorized to be in Canada provided that you were pursuing your studies, which you weren't and you were just working illegally instead.
In conclusion, YES you should be really concerned. Why? IRCC will most likely check what it is that you were doing when during that second year that you were working. Even if you don't disclose it, which would be ground for misrepresentation and be found inadmissible to Canada, they will very likely get this information from the CRA with your SIN. If you disclose it, which is what you should do, they will realize also that you violated the conditions of your study permit and will very likely end up refusing your EE application.
You MAY get away with it, but in theory, you should not.
You should have known better...
It saddens for me to say that this may not even be checked by authorities. Plenty of students stay here illegally , dont have a status,still manage to get on a flight and then return with no problems.
I know a few students that stayed illegally for a few months to a few years, but it wasn't worth it and they left voluntarily. You are unable to get a job-except it is under the table,renew your drivers's licence and go for a health checkup after your status expires.
I think the best bet is coming clean and adding a LOE explaining the situation, one thing I know they like is honesty. They will come hard on you if during the background check they found you misrepresented yourself in your application and won't be sympathetic. However, your case is on the extreme side, I know someone in a similar situation that worked full time but only for 4 months, and is about to apply for his PR as well and not sure how to go about it.
There is a question asked if you have ever breached the conditions for your study,work permit or visitor visa when filling out the form for PR. In most cases they already know the answer and are trying to see if you will misrepresent yourself because they have access to all you information, including your SIN number. However, I am yet to see anyone PR application get rejected for working full-time during a study permit when they added a LOE.
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I think this is the best approach. Every case is different, just because others got away with it in the past without a LOE, doesn't necessarily mean the OP will as well. And if they found out he worked illegally without owning up to it, he will inadmissible for at least 5 years.