Refused Entry and banned for 6 months... Advice appreciated!

[Scoffer88]

So here is the situation:

Last month my work permit expired. I left the country and re-entered through a ground crossing. I was issued with a 6 month visitor visa, I had a LMO & an IEC visa in process, and was going to sit tight and wait for them. Upon issuing of the visa, I asked the guard about potential issues about re-entry, would the visa allow me to come and go, as my Grandma is very sick at home. He said that the visa would allow me entry until the date of expiration. I also asked if I would be allowed to do some voluntary jobs as, I coach youth soccer and my girlfriend was under a lot of pressure with a small business and they had asked if I would help out. He said both of these scenarios where ok.

2 weeks ago I decided to take a trip home to say my farewells to my grandma, and she is dying of cancer. Upon returning to Canada, I was sent to immigration to produce proof of funds. Being tired and emotional, I had forgotten to print the relevant documentation, and no way of obtaining it. He asked if I had been working, and I honestly stated my voluntary actions as well as my start and finish dates of previous employers (whilst under a valid visa). The officer told me I had entered the Labour Market illegally, and therefore would be kicked back the next flight. He also said that i would get a 6 month ban from re-entering Canada, but he would look at this and see if he could wave it to be just a ban until the work permit arrives. After 15 mins he told me I would be returning to Canada and the month ban would stand! We persuaded him (by booking a flight) that I could stay for 4 days to get my affairs in order, I have lived and worked in Canada for on and off 6 years, and live with my Canadian girlfriend. I asked if there was anyway to appeal the decision based on the information provided to me by the previous boarder guard, and was told I can make a complaint online, but that is all!

So my questions are:

Is there an actual route of appeal?

If I complain, does that potentially increase my ban, flag my name or should I just accept the ban, sit tight and wait?

Do I have a fair argument, or am I bias?

Does this ban affect later work permit applications or residency issues?

Do I need to obtain a letter from CBSA to state that I can reapply after 6 months as all web documentation says 1 year ban?

Thanks for your help and advice.

 

[scylla]

It doesn't sound like you have grounds for an appeal. Coaching kids soccer was fine (since this often something people aren't paid to do). However helping your girlfriend with her small business was definitely illegal work (hence the six month ban). This part is unfortunately very black and white.

It's too bad you were told by the other immigration official this was OK - that was definitely very bad information. Unfortunately I don't see how you're going to prove what the officer told you - which is why I don't think you have grounds for an appeal. They'll probably say you misunderstood what you were told and case closed.

I think you would have a leg to stand on if you had not done anything illegal - and what you said was simply misunderstood at immigration. But since you definitely worked illegally and admitted to the small businesss work - I don't think there's much chance of success.

If you're thinking of pursuing the appeals route - I'd consult with a good lawyer. Might not be worth the time / effort / money (i.e. by the time the appeal is heard your six months may quite possibly be up).

This could affect future work permits (I don't know about the IEC visa). However there shouldn't be any impact if you apply for PR in the future.