H & C Visa

[locket]

My daughter 25 is applying to stay with us on an H& C visa as we did apply to come to canada as a family when she was 21 but by the our application had been processed she was 22 and not classed as dependant even though she was still a student.  She came with us on a BUNAC visa.  When she sent off her H& C application she consulted an immigration consultant who advised her to also send off for an extension of her work permit at the same time so that she could continue working whilst waiting for her case to be heard.  We both pointed out to him that she had a BUNAC visa which said it could not be extended but he said she could work on implied status.  She got herself a good job on the strength that she could work on implied status and now another immigration consultant have said she this was wrong and she should not be working. She has her interview next week in Toronto and now does not know what to do.  She is worried that if she tells them where she has been working her company could be fined but she also wants to demonstrate she is established here. Could anyone advise if they would be obliged to fine her company for employing her when she did not have the correct visa.  Thank you.

[angelbrat]

I am not an expert but from what I have researched, you cannot extend a BUNAC working visa. To have continued working, her employer should have applied for a LMO and she should have then got a work visa.

If she has been working after the BUNAC visa expired then she may have been working illegally. Also, the company she works for has a responsibility to check her SIN. This would have expired when her BUNAC ended, so technically the company has been employing her illegally too.

Like I stated initially, I am not an expert, so maybe others on this forum can clarify the situation. Or, speaking to a reputable immigration consultant, may help.