TWP: Question on Cover letter & 6-month wait period

[scuudz]

Hi all,

A bit of background: 

I first studied in Canada, and then worked there for almost 4 years.  Lived there from 2005- May, 2011.  I left when I found out that I been misinformed and had ended up over-staying and working without the right work permit (I had an off-campus work permit, but was working full time.)  When I found out about the error, I contacted my employer and CIC and left Canada asap.  I am now in the process of applying for a TWP to re-enter the country, and have already received a positive LMO that my employer got for me.

I have a couple of questions:

1.  Since I think the immigration officer might look at my application and have a few questions, which could be easily addressed in a cover letter, I was thinking of including one with my application.  Do you guys think this would be advisable?

2.  I looked on the CIC website and for my 'infractions' of over-staying and working with the wrong permit, it says the resolutions are as follows:

a. The over-staying problem is resolved by me leaving the country by myself, which I did, without receiving a deportation order etc.  So, I think thats safe.

b. For the working without proper authorization, it said it is resolved automatically after a specified period of time, but doesnt say what the specified period of time is.  My employer's immigration consultant told me that it is 6 months.  Does anyone on the forum know anything about this time frame during which you cannot re-apply?  I left Canada on May, 31st so it would be 6 months at the end of November for me.  However, my application will be ready to submit next week.

Thanks in advance!!

[mwan]

Hi,

My tip for you is in regards to a cover letter. I say definitely write one. I have written cover letters after family members were denied visitor visas by CIC appealing that they reconsider approving their visits and I have found in my experience - I think the cover letter helped get a positive result. I would suggest however that you specifically address the issue of working without authorization and your commitment to not do it again (sounds like talking to a parent lol) and also address or demonstrate proof that you will leave canada at the end of your twp. I have found it is best to use point forms/bullets or numbering the issues you address. So the cic officer can quickly see your points rather than trying to sort it out in your paragraphs. Good luck
Wan

[scuudz]

Thanks, Wan.  That is precisely what I was thinking of doing (the points/bullet form letter). 

I had previously written a cover letter for my mom's application when her visitor visa was refused.  I, too, think it does help in some way as she finally did get to come and visit me.

This time, I will be addressing all the questions he/she might have like what led to me over-staying and working without proper permits, what led to the misunderstanding, why I will leave once my permit expires and will also point them to my previous travel record to a dozen different countries without any issues such as this.

Thanks for your response again.

Can any shed some light on the 6-month waiting period?

[PMM]

Hi

Thanks, Wan.  That is precisely what I was thinking of doing (the points/bullet form letter). 

I had previously written a cover letter for my mom's application when her visitor visa was refused.  I, too, think it does help in some way as she finally did get to come and visit me.

This time, I will be addressing all the questions he/she might have like what led to me over-staying and working without proper permits, what led to the misunderstanding, why I will leave once my permit expires and will also point them to my previous travel record to a dozen different countries without any issues such as this.

Thanks for your response again.

Can any shed some light on the 6-month waiting period?

It is 6 months.  From the Regulations

Exceptions

(3) An officer shall not issue a work permit to a foreign national if

(e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless

(i) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition,

(ii) the study or work was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c);

(iii) section 206 applies to them; or

[scuudz]

Thanks a lot PMM!

I can't find that anywhere on the website though.  Would you mind posting a link to where that is on the site?

EDIT:  Nevermind, I found it.  Thanks!