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I applied for CEC PR over 8 months ago. I've encountered a number of issues with the overall process, most importantly regarding an overstay of my previous work permit based on the incorrect belief I had implied status as a result of my PR application. I left Canada after getting advice from a lawyer on this subject, and I am preparing a statement to update the IRCC regarding this. This whole episode has meant I'm now worrying about every aspect of my application because it confirmed my long standing fears of making a mistake that means I can no longer live in Canada. I have also previously updated the IRCC via the webform regarding my marital status, as I was married in the summer to my American wife, who I added as non-accompanying.

This brings me to my current worry. I have a letter from my former employer that states that I was employed full time (30+ hours) for a calendar year in a skilled work (management) position for an independent company. It includes details of the relevant job duties for the n0c category, and my employer will verify that they were performed if asked, as well as the other details of the letter. I made sure the letter conformed to the required templates with a header, signature from the employer and so on. It is dated for a specific date, stating that my employment at that point was ongoing, and that it began one year prior. (The start date only references a specific month, largely due to the fact that I did not receive an official promotion letter or contract, I simply started performing more management duties as part of my existing employment.) I continued to work this position up until the entire staff was laid off due to Covid, which was around a month after the date of the letter and a month before I received my ITA in April. I started working again once we reopened in May and continued not only until the end of my work permit, but beyond this. The business also changed hands after the end of my permit, but the new owners retained all the staff, including me, despite the fact that I was now unknowingly out of status.

Alongside the reference letter I provided, I also included a number of payslips from throughout the year of skilled work experience claimed. These slips covered non-standard bimonthly pay periods, but each illustrated that I had worked for the company for 60+ hours for that period. However, the nature of the schedule at my work meant that week by week hours varied, and the way we were paid means it's pretty much impossible to provide an official record that proves I met the 1560 required hours on a 30 hour per week basis before my ITA. I'm also questioning whether I did in fact meet that threshold via the way the IRCC calculates this- which I did not fully consider at the time I applied. I was paid an hourly wage for the work I did, which was below the average salary for that job, and I did not have a specific contract for the management duties or required hours- my employer simply discussed taking on the extra responsibilities over the phone.

As I said, given my aforementioned circumstances regarding my overstay I'm now worrying about everything that could go wrong, mistakes I have made, and holes in my application. My main concern is the likelihood that the reference letter and payslips I provided will be considered sufficient evidence, or whether I will be required to provide more proof (which I think i will be unable to do to a sufficient level.)

What are the likely consequences I am facing? I'm obviously concerned that not only will my application will be rejected, but also that my inability to prove my work hours will be classed as misrepresentation. I don't really have anything to lose at this point as I already had to pack up and leave my life in Canada once I discovered my previous mistake re: overstaying and I'm already living my absolute worst nightmare- separated from my wife and friends in Canada, isolating in the UK during a covid lockdown and contemplating a very different future to what I was hoping for. I have barely slept for about a week due to my anxiety, I'm losing my mind and I don't know how much more of this I can take. I know I have made serious errors, but I never intentionally lied about the hours I worked or the nature of my job, I'm just an idiot who didn't do enough due diligence with aspects my application and status. Applying during a period of time where i was away from home, losing my job, worrying about how I would afford to survive and dealing with being separated from my partner due to coronavirus meant I clearly didn't concentrate enough on getting my application right. I'm trying to forgive myself for basically ruining my own life, and now that the worst has happened I want to get ahead and prevent any further damage. Whilst an application rejection will be upsetting, it'll simply confirm what has already happened. However, if it's likely that I'll face further issues relating to misrepresentation and I can prevent this, I need to do so immediately, especially if it could affect my ability to reapply with these mistakes fixed, affect my ability to enter Canada at all in the future, or affect my ability to move to America if my Canadian plans do seem to be destroyed.

It's hard to comment on some of the specifics without timelines and details. Here's what I'll say:

- Provided you declared the illegal work in the application, I don't see how you are at risk for a misrepresentation finding. Either they will accept your work experience or they won't. This could lead to a refusal but it shouldn't lead to misrepresentation.
- I am assuming you aren't relying on any of the work you gained without authorization to get points under your CEC application. It's correct to include this work experience in your application but you won't get any credit / points for it.
- It's correct that the CEC application did not give you implied status and allow you to remain in Canada and work. Only a BOWP application submitted before your original work permit expired would have done that.
- You may have had an opportunity to restore your status and remain in Canada without working rather than leaving. However that's done now.
- If you have a spouse or common law partner in Canada, then you may qualify to return to Canada now and don't have to be separated.
- The economic immigration process in the US is far harder to crack than Canada's.
 
Thank you for your reply.

The illegal work/overstay came after I had submitted my application. I am updating a statement regarding this via the webform shortly, I'm just waiting on feedback from an immigration consultant to make sure I cover the required ground.

I'm not relying upon the unauthorized work for my CEC fulfillment, I claimed my work experience on the basis of work done prior to entering the pool in April. My permit did not expire until July.

I was advised that restoration may have been an option after I returned unfortunately, but even so my main concern is less being there now, and more being able to go back in the future. Additionally living in Canada as a visitor for potentially months without being able to work would've been difficult, and after talking to lawyers my main concern was leaving/remedying the overstay as soon as possible, and before I was told to leave. My spouse is American rather than Canadian unfortunately, but I refer to tackling the US immigration process via the spousal green card route as opposed to the economic individual route.