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Author Topic: Out of Status influencing my work period...?  (Read 1265 times)
idoit
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Posts: 119
Ratings: +0
Category........: FSW1
Visa Office......: CPP-O
NOC Code......: 2174
Pre-Assessed..: Yes
Doc's Request.: Included
IELTS Request: 27-04-2013

« on: January 20, 2011, 11:23:10 am »

Hello all,
In "Canadian Experience Class: Who can apply" on CIC website, how does "proper work or study authorization" affect my case considering the following situation?

Due to a mistake, I got out of status for 2 months. I wonder if for this short period, have I had been an "undocumented worker"? In other words, do I have to work more and my letter cover 2 years + 2 months (to compensate for that 2 months of being out status) or just 2 years will be fine? What are your suggestion, because it is 2 months of paid work and it would be so sad for me to lose it! Sad

Note that I read what dear jen_OS said in this link: bit.ly/fVZp0H

Thanks a lot
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candy4
Full Member
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Posts: 23
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« Reply #1 on: January 25, 2011, 08:24:31 pm »

Your work should still count even if you were out of status for those 2 months. I'm not completely sure about this. I hope other members can shed some light on your case.
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Leon
VIP Member
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Posts: 16575
Ratings: +720

« Reply #2 on: January 26, 2011, 12:33:20 am »

PMM said in another answer that work out of status does not count towards your CEC requirements.  I have never looked it up myself but it makes sense to me.  Why would immigration reward you for working illegally?
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
jes_ON
VIP Member
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Posts: 3779
Ratings: +113
Category........: CEC
Visa Office......: New York
App. Filed.......: 06-May-2010
AOR Received.: 13-Aug-2010
File Transfer...: 01-Mar-2011
Passport Req..: 30-Jun-2011
VISA ISSUED...: 12-Jul-2011 (received 25-Jul-2011)
LANDED..........: 03-Sep-2011

« Reply #3 on: January 26, 2011, 01:49:04 pm »

Hi cscat - were you out of status because your permit expired, or because you changed positions prior to obtaining  a new work permit?

I think you will need to work (at least) the extra two months.  Don't try to "cover up" the 2 month lapse (that would be misrepresentation, and extremely difficult to pull off - remember, they have your tax records), but just make sure you have enough time without it. 

And, I suppose there is the possibility that the unauthorized period could trigger some kind of consequence.  It might be worth discussing your case with an immigration lawyer.




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rjessome
VIP Member
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Posts: 4328
Ratings: +198

« Reply #4 on: January 30, 2011, 03:52:45 pm »

Hello all,
In "Canadian Experience Class: Who can apply" on CIC website, how does "proper work or study authorization" affect my case considering the following situation?

Due to a mistake, I got out of status for 2 months. I wonder if for this short period, have I had been an "undocumented worker"? In other words, do I have to work more and my letter cover 2 years + 2 months (to compensate for that 2 months of being out status) or just 2 years will be fine? What are your suggestion, because it is 2 months of paid work and it would be so sad for me to lose it! Sad

Note that I read what dear jen_OS said in this link: bit.ly/fVZp0H

Thanks a lot

Were you out of status or on implied status for those two months?  Did you apply for restoration?
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idoit
Star Member
****

Posts: 119
Ratings: +0
Category........: FSW1
Visa Office......: CPP-O
NOC Code......: 2174
Pre-Assessed..: Yes
Doc's Request.: Included
IELTS Request: 27-04-2013

« Reply #5 on: December 23, 2012, 10:44:23 am »

Hi again jes_ON and rjessome and sorry for late reply as I didn't know how I can be notified if someone answers the thread. Now all set and good.

It was because my permit expired. I sent my application for renewal of permit, with my old passport (per recommendation of a CIC customer rep. and later on posting my new passport). I was waiting to get my renewed password, and according to their processing time, I still had time to next processing of application. But CIC processed that application earlier and rejected it. So I restored my application and got the permit eventually but there was a 2 months period where I was on an implied status.
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Iwanttoimmigrate
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Posts: 30
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« Reply #6 on: December 23, 2012, 12:58:16 pm »

Hi All,

I'm in a same situation as cscat was but with a twist.

I had a 1 year work permit in toronto but unfortunately i could only complete 8 months as a worker. and then i found a employer in Quebec who sponsored my new work permit. and I have been working for them since September 2012. I will be completing 1 year working in Canada in December 2012. I intend to move back to Ontario.

1. Can i apply under CEC if im working in Quebec?
2. My earlier WP started from APRIL 2011 and expired in March 2012. Can I claim that i have completed 1 year working even though i quit earlier employer in December 2011?

Thanks in advance!!!
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