Do I have a ban? if I have a ban, how can I verify it?

[Jeduve]

Hi everyone,

I hope someone can help me with this or just give me some advice:

On September 7th, 2018, I went to the border to flagpole my work permit under exemption C41 but I made a stupid mistake, in my passport I had attached an old WP expired on September 30th, 2017 instead of the new one that was expired on August 31, 2018. Believe me or not, I thought that my WP was going to expire on September 30, 2018, but it was expired on August 31, 2018.... such a dummy... In fact, I was illegally working for 5 days. Consequently, I had to resign from my company, and the CBSA officer denied me to process my WP, but instead, she granted me a visitor permit valid until 30th November, 2018.

I spoke with a lawyer & immigration consultant and since I have a Visitor permit, she recommended me to try again at the border, but this time with the imm5710 form and a job reference letter as proof of my spouse's job. Unfortunately, this second time the CBSA officer told me that I have a ban for 6 months because I was working illegally for few days. As a consequence, he told me that he cannot process my application and instead he issued me a new Visitor permit valid until March 31, 2019, with the sole propose to apply for a new WP by March 7th.

Finally, I went back to the lawyer and she told me that we can submit an online application anytime. However, I prefer to wait until march rather than screwing things up.

What makes me confused is the fact that the first CBSA officer did not mention a ban at all and the lawyer believes that there is no ban. Otherwise, the second CBSA officer would not have issued me a new Visitor permit.

Consequently, and after my explanation my questions are:

• Is there any way to confirm the existence of a ban or how I can verify if I have a ban?
• If I have a ban, it also does not allow me to apply for Express entry?

Note:

• I have tried to contact CIC at 888-242-2100 to clarify this but no luck (We are currently experiencing a high volume of calls and we are unable to transfer your call... )

Hopefully, someone can give some advice and thanks so much for your time.

Regards.
Jeduve.

 

[canuck_in_uk]

Hi everyone,

I hope someone can help me with this or just give me some advice:

On September 7th, 2018, I went to the border to flagpole my work permit under exemption C41 but I made a stupid mistake, in my passport I had attached an old WP expired on September 30th, 2017 instead of the new one that was expired on August 31, 2018. Believe me or not, I thought that my WP was going to expire on September 30, 2018, but it was expired on August 31, 2018.... such a dummy... In fact, I was illegally working for 5 days. Consequently, I had to resign from my company, and the CBSA officer denied me to process my WP, but instead, she granted me a visitor permit valid until 30th November, 2018.

I spoke with a lawyer & immigration consultant and since I have a Visitor permit, she recommended me to try again at the border, but this time with the imm5710 form and a job reference letter as proof of my spouse's job. Unfortunately, this second time the CBSA officer told me that I have a ban for 6 months because I was working illegally for few days. As a consequence, he told me that he cannot process my application and instead he issued me a new Visitor permit valid until March 31, 2019, with the sole propose to apply for a new WP by March 7th.

Finally, I went back to the lawyer and she told me that we can submit an online application anytime. However, I prefer to wait until march rather than screwing things up.

What makes me confused is the fact that the first CBSA officer did not mention a ban at all and the lawyer believes that there is no ban. Otherwise, the second CBSA officer would not have issued me a new Visitor permit.

Consequently, and after my explanation my questions are:

• Is there any way to confirm the existence of a ban or how I can verify if I have a ban?
• If I have a ban, it also does not allow me to apply for Express entry?

Note:

• I have tried to contact CIC at 888-242-2100 to clarify this but no luck (We are currently experiencing a high volume of calls and we are unable to transfer your call... )

Hopefully, someone can give some advice and thanks so much for your time.

Regards.
Jeduve.

Hi

See here https://www.canada.ca/en/immigratio...oreign-workers/prohibitions.html#unauthorized.

 

[Jeduve]

Hi

See here https://www.canada.ca/en/immigratio...oreign-workers/prohibitions.html#unauthorized.

Hi @canuck_in_uk,

Thank you for your answer, I have read the work permit issuance prohibitions section and I was aware about the ban of 6 months if an unauthorized work is proved. However, I am kind of confused because my consultant mentioned that there is no ban since the CBSA officer issued me a Visitor permit. Consequently, I am looking for a way to verify the existence of a ban on my records, for example by calling CIC.

Maybe the immigration consultant has never faced a case like mine and she is confused with restoration of status, Since the CBSA officer granted me a Visitor permit, my status was restored as visitor but not as a worker.

I don't mind wait 3 more months, I know that it was my mistake but also I don't want to wait if there is no need.

Thanks!
https://www.canadavisa.com/canada-i...verify-it.596077/members/canuck_in_uk.248750/

 

[canuck_in_uk]

Hi @canuck_in_uk,

Thank you for your answer, I have read the work permit issuance prohibitions section and I was aware about the ban of 6 months if an unauthorized work is proved. However, I am kind of confused because my consultant mentioned that there is no ban since the CBSA officer issued me a Visitor permit. Consequently, I am looking for a way to verify the existence of a ban on my records, for example by calling CIC.

Maybe the immigration consultant has never faced a case like mine and she is confused with restoration of status, Since the CBSA officer granted me a Visitor permit, my status was restored as visitor but not as a worker.

I don't mind wait 3 more months, I know that it was my mistake but also I don't want to wait if there is no need.

Thanks!

The ban applies to work permits. It is not a ban from Canada, hence why you were issued a Visitor Record.