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ADMISSIBILITY HEARING

timi_alain

Star Member
Aug 30, 2010
53
0
TO MAKE THE STORY SHORT,i was working with my future employer without my working permit,but instead im using my work permit with my old employer,cos i was laid off.im working with my future employer while waiting for my working permit to be released,cos its already on process,but i was caught by the immigration officer,and they took my passport and i have to report with them every monday.but now i received a notice to appear for pre-hearing conference/admissibility hearing next month,..i need your good advise what will i do,do i need a counsel or just myself....godbless....
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

timi_alain said:
TO MAKE THE STORY SHORT,i was working with my future employer without my working permit,but instead im using my work permit with my old employer,cos i was laid off.im working with my future employer while waiting for my working permit to be released,cos its already on process,but i was caught by the immigration officer,and they took my passport and i have to report with them every monday.but now i received a notice to appear for pre-hearing conference/admissibility hearing next month,..i need your good advise what will i do,do i need a counsel or just myself....godbless....
You might want to take either a lawyer or consultant, but if you got caught working without permission, they are going to issue a removal order, with or without counsel.
 

timi_alain

Star Member
Aug 30, 2010
53
0
when i was caught,they just ask me some question to be answered,and its already 1 month already,and after a month i received a letter for a pre hearing,.what if i will just go alone and just present myself.?give me some advise PLEASE...
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

timi_alain said:
when i was caught,they just ask me some question to be answered,and its already 1 month already,and after a month i received a letter for a pre hearing,.what if i will just go alone and just present myself.?give me some advise PLEASE...
What can anyone say? You got caught working without permission, you can go to the pre-hearing, but unless there are some extenuating circumstances, you will be issued a either a departure order or exclusion order by the officer.
 

timi_alain

Star Member
Aug 30, 2010
53
0
what if my work permit be released b4 my pre hearing,cos my applications for my working permit was already there,but unluckily i was caught,.do u have any idea where i can take a free counsel>/
 

_696_

Hero Member
Nov 24, 2010
267
9
Category........
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AOR Received.
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timi_alain said:
what if my work permit be released b4 my pre hearing,cos my applications for my working permit was already there,but unluckily i was caught,.do u have any idea where i can take a free counsel>/
That wouldn't change in any way the fact that you WERE WORKING WITHOUT PERMISSION.
 

timi_alain

Star Member
Aug 30, 2010
53
0
so what will i do then.,can i take a counsel with me or just myself,...i know they will gonna ask me why im working without my WP,but my employer just told me to start working thats why.,and i knew that i have already an lmo and wer appliede already for my WP.,maybe they can give me a chance cos i know that im not a threat with this country,and i want to share my knowledge too.and im just new here,5 months to be exact,.thats why i started working without knowing it was a big mistake,its the fault of my future employer.but i know god will help me and HE will give me a second chance....
 

annemarie91104

Star Member
Feb 27, 2011
93
3
dont blame your employer...im so sorry to say but it is all your fault...are u under LCP? For sure one of your friends inform immigration....so sad...
 

Baloo

VIP Member
Nov 30, 2009
4,879
204
Job Offer........
Pre-Assessed..
It looks like a departure order or an exclusion order will be the next step, blaming the employer is not likely to change the situation.
You are responsible for your actions.
 

_696_

Hero Member
Nov 24, 2010
267
9
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
Not yet
Doc's Request.
...
Nomination.....
...
AOR Received.
...
IELTS Request
...
File Transfer...
...
Med's Request
...
Med's Done....
...
Interview........
...
Passport Req..
...
VISA ISSUED...
...
LANDED..........
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I do not knoow any, im sorry.

Anyways, best of luck to you !!! Whatever the outcome is, stay calmed and always give your best, you'll make it back to CA in the future if that's what you would like to!!
 

chibiks

Hero Member
Apr 12, 2010
313
8
I know nothing can be done now, but you should have simply asked your future employer to employ you on a volunteer basis with a volunteer contract until you get your new work permit - I dont think it is an offence to volunteer is it?

Anyways, you are clearly in breach of the immigration rules; if you want to represent your self (not recommended) you might wanna read the Immigration related Act (s), try and find excuses for compassion. For example, if you are from a war torn country (for example), or you believe your life might have been at risk if you returned to your home country, you can ask for "mercy" on compassionate grounds. or something similar. The thing is the law is funny, you can escape if you get a good lawyer so best bet is not to represent yourself.

This is my best advice!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

chibiks said:
I know nothing can be done now, but you should have simply asked your future employer to employ you on a volunteer basis with a volunteer contract until you get your new work permit - I dont think it is an offence to volunteer is it?

Anyways, you are clearly in breach of the immigration rules; if you want to represent your self (not recommended) you might wanna read the Immigration related Act (s), try and find excuses for compassion. For example, if you are from a war torn country (for example), or you believe your life might have been at risk if you returned to your home country, you can ask for "mercy" on compassionate grounds. or something similar. The thing is the law is funny, you can escape if you get a good lawyer so best bet is not to represent yourself.

This is my best advice!
That is not volunteering, you would be doing a job that is normally paid, so you again would be working without authorization.
 

chibiks

Hero Member
Apr 12, 2010
313
8
If you sign a legal waiver of your right to be paid and determine to work on a non-salaried basis, I dont think it is an offence but correct me if I am wrong. Legally speaking - the individual legally waived his right to be paid even though it is normally paid.

NB: Volunteers do jobs that are normally paid. I know bell has volunteer jobs that have strict interviewing processes etc.

But I see ur point PMM, the job was not originally advertised as a volunteer position but I am sure there are legal ways around these things...
 

timi_alain

Star Member
Aug 30, 2010
53
0
thank you guys.,but i think i can just represent myself,cos i know the judge will ask me,why im working without my wp,and so on so forth,cos they have already the summary of what the immigrations ask me b4.its almost 2 months from the date i was caught.i know god is with me and i will just plead guilty and i know they will give me another chance,and its 4 weeks already my applications for my work permit.its good that i have already an LMO and i applied also my WP now.god will help me....