Working Without a Permit

[mollybloom]

In September 2013, I brought to the attention of a Canadian border officer that I'd been babysitting for a short period of time while on visitor status awaiting a work permit and eventual permanent residence (my husband is a Canadian citizen). Not realizing that occasional babysitting was considered true employment, I didn't realize I was actually breaking the law. (My rationale was that I wouldn't exceed $9,999/year and thus wouldn't be required to file taxes.)

The border agent allowed me to remain in Canada but told me that I must stop immediately and noted my file. Of course, I listened.

I'm now on a work permit awaiting an extension (the result of some paperwork confusion) and, hopefully, permanent resident status. I'm expecting to receive my extension sometime next month, but I'm currently worried that my past offence may resurface and cause issues. I was extremely honest on my PR application and did include this explanation in the background declaration.

Here's my question:

The issue was dealt with in September 2013 with the border officer. Will an immigration officer overstep the border officer's decision to allow me to remain in Canada two years ago? (Please note that my husband and I have been married for three years; I've never committed any criminal offences; I have a graduate degree from a recognized Canadian university; I've never been out of status; I've lived in Canada almost consistently since 2008; I'm employed legally.)

Thanks in advance for your help!

 

[VioletBlue]

Hi, what do you mean by Overstep? You mean will CIC officer refuse your PR because of this babysitting work you did without a permit and send you back?

 

[mollybloom]

Yes, that's what I mean. It seems that CIC officers have more authority than border officers.

 

[VioletBlue]

I don't think CIC officers have more power than CBSA...I just wanted to say that I was in the same Exact situation. I was scared they would refuse my PR because of some babysitting without permit...but I didn't lie about it... I declared it in my application...I was truthful...2 years later...I got my Approval!!! Just waiting for my Landing interview now . So its good that you let them know because they would find out anyways from file that CBSA made. This alone won't cause CIC to refuse your application

 

[mollybloom]

I'm glad I'm not the only one.

My husband and I received initial approval, but I failed to submit my FBI background check on time so they closed my case. I'm freaking out that something is going to go wrong again. Immigration is stressful.

 

[VioletBlue]

What do you mean Closed your case??

 

[mollybloom]

They only give you so long to get everything submitted. For some reason, I didn't receive their second "send us your FBI background check" e-mail. After 10 months without receiving it, the CIC closed my application for PR. I had to apply for an extension of my current work permit and re-apply for permanent residence (yes, that means paying all the fees again).

 

[VioletBlue]

Aw man!! That sucks...I'm sorry....They Do give you a month or so to submit docs...but if you e'mail them back w explanation why it may take longer than that and that you will get it to them asap....they will wait for it

 

[mollybloom]

It was entirely my fault. I asked them to consider re-opening my case, but they refused. I'm at the point of moving forward now. It, like the babysitting, was a mistake. We learn (hopefully with minimal consequence).

 

[VioletBlue]

You'll be fine I was super worried about that too

 

[mollybloom]

Thanks for your reassurance!

 

[VioletBlue]

Yep! My case was way more complicated as I was under a Removal Order...but somehow everything worked out

 

[mollybloom]

Oh, no! What was the removal order for?

 

[SamHom]

Yep! My case was way more complicated as I was under a Removal Order...but somehow everything worked out

So, you were babysitting and getting payed for it without a work permit and told CIC and they didn't care?

 

[mollybloom]

They absolutely cared, but it was clearly a misunderstanding on my part. I'd always had a work permit while living in Canada; I moved to Canada in 2008 on a work permit and eventually got a student permit, so I'd never been in Canada without working status. I had no idea that babysitting, something teenagers do and never declare taxes for, would be recognized as employment.

When I told the CBSA agent what I'd done, he clarified the laws for me. I had my husband with me, our marriage license, and proof of our relationship and pending paperwork with the CIC. Because of this, he allowed me to remain in Canada.