[After Landing to Canada] Ex-Employer from Homeland Issues

[arnab.bagchi]

Hello, I had earlier posted a thread regarding ex-employer creating problems before I came to Canada. However, as my contract was over and I had all my payslips and proof of employment, that wasn't a problem. I have landed to Canada safely in May.

Back in my country, I wasn't paid regularly and my employment contract had been breached but despite those I had to work out of scare as the employer was powerful and often resorted to threats, and after I landed to Canada, and the fact that they had gone through issue finding my replacement (I had given notice properly too), their ego got hurt and now they're threatening to sue me for theft, knowing I cannot do anything from Canada. I know they will and it will be easy for them to fabricate proof and get witnesses out of existing employees. Although I am not an accountant or deal with money or anything but they have done a lot of shady stuff in the past so I wouldn't know.

I read conviction outside of Canada could result in cancellation of PR status and I am worried this might end in something nasty for me as I know them and they'd go through any length to screw with me. It also is a common scenario in my country that a skilled employee's exit is met with lawsuit of theft. Has there been any such case of PR cancellation or deportation where the immigrant was sued AFTER he landed to Canada? And is there any steps or advice I could have on this? It will be financially tough for me to leave Canada and also I know they'd do a lot worse than just get me to court if I do. I have resigned, grieved on breaching of contract on email to keep proof and also got my salary account statement here (Not sure if those matter).

A bit of help if possible please? Thanks in Advanced.

 

[mf4361]

Not all conviction causes revocation of PR, only the most serious ones does (murder, sexual assault, terrorism, war crime, etc) If IRCC reviewed your experience by the letters from the old company during application and was satisfied, I can't see how they can go back and nullifies them

What are they going to sue you for anyway?

 

[arnab.bagchi]

Not all conviction causes revocation of PR, only the most serious ones does (murder, sexual assault, terrorism, war crime, etc) If IRCC reviewed your experience by the letters from the old company during application and was satisfied, I can't see how they can go back and nullifies them

What are they going to sue you for anyway?

Thank You for your reply.

It is a rather common practice in our country that if a good employee leaves, they file a theft or damage lawsuit against them just to harrass them. In my case, I had given due notice but they never listened, and they stopped paying me for three months and often threatened me so that I don't leave, so at this point, I don't know what they will sue me for but even if they do, they'll make sure I never get notified and they get the default judgment (even that happens, seen them, third world country!). While I do have proof of all their misconducts, I do not want to visit there anytime soon because they are quite powerful and can make my and my families life quite miserable if they get me, and not only through lawsuits.

 

[Buletruck]

So, the question is really going to be "theft of what"? There is a risk that a criminal conviction will affect your PR status, but there are specific types (as stated already) of serious criminal convictions that apply (federal, with sentences 5 yrs. and up).

Things to consider:

• Since this is coming to light after applying and receiving your PR, there isn't any misrepresentation to worry about in the future.
• The charges would have to lead to a conviction that can be equated to an equivalent Canadian crime that meets the description of "Serious". So if you are convicted of theft under $5,000, they may as well charge your with a parking ticket as far as immigration is concerned.....it means nothing.
• If, on the off chance it results in something that IRCC decides could affect your status in Canada, you will be given the opportunity to respond to the charges from IRCC. Keep all your documentation to present to them at the time.
• IRCC is well aware of how local culture and tradition (read extortion) works and weighs this information before making a decision.
• Always be honest with IRCC. If you apply for citizenship, better to err on the side of caution if there is an outstanding case against you and let IRCC decide if its relevant. They always give you the opportunity to respond and makes misrepresentation impossible to apply to your file. Always go with full disclosure.

Really, I think as far as your position in Canada is concerned, you have nothing to worry about if you are being honest (no disrespect intended). A bigger worry for you would likely be your status at home.

 

[arnab.bagchi]

So, the question is really going to be "theft of what"? There is a risk that a criminal conviction will affect your PR status, but there are specific types (as stated already) of serious criminal convictions that apply (federal, with sentences 5 yrs. and up).

Things to consider:

• Since this is coming to light after applying and receiving your PR, there isn't any misrepresentation to worry about in the future.
• The charges would have to lead to a conviction that can be equated to an equivalent Canadian crime that meets the description of "Serious". So if you are convicted of theft under $5,000, they may as well charge your with a parking ticket as far as immigration is concerned.....it means nothing.
• If, on the off chance it results in something that IRCC decides could affect your status in Canada, you will be given the opportunity to respond to the charges from IRCC. Keep all your documentation to present to them at the time.
• IRCC is well aware of how local culture and tradition (read extortion) works and weighs this information before making a decision.
• Always be honest with IRCC. If you apply for citizenship, better to err on the side of caution if there is an outstanding case against you and let IRCC decide if its relevant. They always give you the opportunity to respond and makes misrepresentation impossible to apply to your file. Always go with full disclosure.

Really, I think as far as your position in Canada is concerned, you have nothing to worry about if you are being honest (no disrespect intended). A bigger worry for you would likely be your status at home.

Thank you very much Sir. I haven't misrepresented so I am not worrying about that.

Well I worked in the IT so the damage can be arbitrarily magnified. They got a few large projects AFTER my notice was over so they were blackmailing me with the pending salaries otherwise I was to have "grave" consequences. So they can very well charge me with "seriousness". But I shouldn't really doubt the fairness of the process here. I was just concerned, thank you for the answer.

You are right though, my bigger worry would be visiting home

 

[carolbb23]

Thank you very much Sir. I haven't misrepresented so I am not worrying about that.

Well I worked in the IT so the damage can be arbitrarily magnified. They got a few large projects AFTER my notice was over so they were blackmailing me with the pending salaries otherwise I was to have "grave" consequences. So they can very well charge me with "seriousness". But I shouldn't really doubt the fairness of the process here. I was just concerned, thank you for the answer.

You are right though, my bigger worry would be visiting home

This sounds like you are originally from India or pakistan and your right the system is corruptred