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Advice needed: Possible period of unauthorized work in application

yenn

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Jan 13, 2014
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0
I am going to submit my application for residency under the CEC category based on my work experience here as a postdoc. However, I was offered a new position as a research coordinator in Sept 2013 with the same supervisor (with very similar duties), and the university started paying me as a coordinator instead of a postdoc without obtaining a new work permit or LMO. As soon as we realized this mistake in Nov, my coordinator position was suspended and I was reinstated as a postdoc until LMO approval and a new work permit could be obtained.

My new work permit was approved Dec 2013, so all is good on that front. My problem now is that my employment confirmation letter and payslips from the payroll office will state that I was paid as a research coordinator beginning Sept 2013, and not Dec 2013 so that it's consistent with all the other supporting paperwork. I am very worried that this inconsistency will mean that I have done unauthorized work for 2-4 months, and will result in my application being rejected.

Any thoughts or advice on how to proceed? Should I be talking to an immigration lawyer, and if so is there anyone in the Edmonton area?
 

GHD1213

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what you really matter is the job duties, as you indicated that your new duties are very similar to your old ones, right? if so, appears to me it is merely changes of title and salaries. I have no knowledge about your job, but if it is legit, i.e. similar job duties. I would not worry about it and call it unauthorised from perspective of CEC application. This is what one lawyer advised me. I had similar situation and worried, but I think she is right.

To be safer, you can reach out to one imm lawyer for advices.

Wp is more stricter process now.
 

yenn

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Jan 13, 2014
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Yes, the duties are very similar with one added responsibility, so it's really just a change in title. Glad to hear that there's someone with a similar situation.
 

jes_ON

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yenn said:
My problem now is that my employment confirmation letter and payslips from the payroll office will state that I was paid as a research coordinator beginning Sept 2013, and not Dec 2013 so that it's consistent with all the other supporting paperwork. I am very worried that this inconsistency will mean that I have done unauthorized work for 2-4 months, and will result in my application being rejected.
Hard to predict the future, but thus far, CIC has just excluded unauthorized experience in their calculation of required work experience (in other words, you'll need to exclude those 2-3 months of unauthorized work when calculating your eligibility, and work longer than 12 months). Its unlikely to go unnoticed, you might consider adding a letter of explanation describing what happened - honest mistakes do happen, and you fixed the problem - the good thing is that you were approved and did get the work permit.

But again, it's hard to say what written (or unwritten) rules will be in place by the time you're ready to apply -
 

GHD1213

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The question is-is it really 'unauthorized'?

That is why I suggested him/her to seek the advice from the imm lawyer.

To me, if no significant changes of the duties, I did not see any unauthorized work he/she had performed?

Further to that, when filing the CEC application, if based on new permits with new title, will the duties conform to the new title? based on what op said, probably not. Just need to make sure not to get rejected on the ground of mismatch of duties/titles.