Hello, I am a United States citizen who has been living in Canada for 8 years. I original entered Canada on a study visa. I had a study visa for 7 years- originally for 2, then renewed for 4, and then for another year. I did not graduate with a PhD until May 2015, but had completed the requirements of my program in Nov 2014. I was offered employment as a post-doctoral research fellow at that time and submitted an application for a work permit. In May 2015 I was told that I needed to submit a receipt for an open work permit fee. I had paid the fees for the application when I submitted it so I resent in that receipt. In June I was informed my application was refused as a result of non-payment and I had 90 days to restore my status. This didn't make sense since I had paid the fees. I contacted immigration canada and was told they couldn't answer any questions unless I had refugee status. In Sept I finally reached someone who looked up my case and was told I was out of status and needed to leave immediately. He said if I did then I could reapply. I left Canada, returned, and reapplied. At this time I thought I had implied status. In Nov my employer renewed my appointment with the university. I submitted paperwork to my department and then a few weeks later contacted HR to make sure it was correct. At this time, Dec 9th, they informed me I had been working illegally and would be banned from working in Canada for 6 months. I am set to return to USA on Dec 15th for Christmas and I return on Dec 31st.
My understanding is that I am currently non-compliant and inadmissible to Canada. I would like to apply for a TRP on Dec 31st for between 6 months to 1 year so I can complete a research project in the lab I was working at. I am trained to perform a specific experiment. In fact, there is only one lab in North America who has experience with the technique and so it is not possible to replace my role in the study. If this exemption is not granted it would cause unusual hardship for the research program and my academic supervisor.
Another consideration is I have been in a common-law relationship with a Canadian citizen since Jan 17, 2014 and we are engaged to be married this summer. We share a bank account and property. My partner relies on me both emotionally and financially. If I am banned from working in Canada for 6 months and have to leave Canada, it would likely require my partner to get assistance as our house is under a lease, which he would be unable to maintain on his own. He has just graduated from school and has considerable debt. If he were to need assistance this would also affect his ability to make advances in his career. He recently graduated from a tradition Chinese acupuncture and practioner program. He has been working full time to pay his loans, while also trying to advance his career by gaining the credentials required to work as an acupuncturist. If I am removed from Canada it will place undue harm on him since our wedding would be postponed, he would likely need assistance, and he would be unable to make timely advances in his career.
Finally, this would cause almost irreparable harm to my career. To maintain an academic science career I have to make significant contributions to science. The work I did with Dr. Leary took a year of 70 hour work weeks to set up. If this exception is not granted I may never be able to make up the time lost at this point in my career. In fact it is likely I would have to leave academic science in Canada and move to industry based science in the United States as I would lose my ability to be competitive as an academic scientist.
I never intended to work illegally and cannot state enough how very sorry I am. I was so focused on science I did not pay enough attention. It is no excuse and somewhat naive, but I had thought my employer would have informed me if my paperwork was not correct. If allowed to remain in Canada, I will never allow this to happen again. There is no risk of me remaining in Canada beyond my stay. Without the ability to work in Canada I have no ability to remain here.
My question for this forum is whether I have any chance of getting a TRP. I have been told if would be better to just say I'm here visiting my common law partner and wait out the 6 months. However, I cannot remain in Canada without working. We do not have the financial resources to do that and I cannot take a 6 month sabbatical at this point in my career. If I state my non-compliance how likely are they to give me a 1 or 2 year exclusion order?
My understanding is that I am currently non-compliant and inadmissible to Canada. I would like to apply for a TRP on Dec 31st for between 6 months to 1 year so I can complete a research project in the lab I was working at. I am trained to perform a specific experiment. In fact, there is only one lab in North America who has experience with the technique and so it is not possible to replace my role in the study. If this exemption is not granted it would cause unusual hardship for the research program and my academic supervisor.
Another consideration is I have been in a common-law relationship with a Canadian citizen since Jan 17, 2014 and we are engaged to be married this summer. We share a bank account and property. My partner relies on me both emotionally and financially. If I am banned from working in Canada for 6 months and have to leave Canada, it would likely require my partner to get assistance as our house is under a lease, which he would be unable to maintain on his own. He has just graduated from school and has considerable debt. If he were to need assistance this would also affect his ability to make advances in his career. He recently graduated from a tradition Chinese acupuncture and practioner program. He has been working full time to pay his loans, while also trying to advance his career by gaining the credentials required to work as an acupuncturist. If I am removed from Canada it will place undue harm on him since our wedding would be postponed, he would likely need assistance, and he would be unable to make timely advances in his career.
Finally, this would cause almost irreparable harm to my career. To maintain an academic science career I have to make significant contributions to science. The work I did with Dr. Leary took a year of 70 hour work weeks to set up. If this exception is not granted I may never be able to make up the time lost at this point in my career. In fact it is likely I would have to leave academic science in Canada and move to industry based science in the United States as I would lose my ability to be competitive as an academic scientist.
I never intended to work illegally and cannot state enough how very sorry I am. I was so focused on science I did not pay enough attention. It is no excuse and somewhat naive, but I had thought my employer would have informed me if my paperwork was not correct. If allowed to remain in Canada, I will never allow this to happen again. There is no risk of me remaining in Canada beyond my stay. Without the ability to work in Canada I have no ability to remain here.
My question for this forum is whether I have any chance of getting a TRP. I have been told if would be better to just say I'm here visiting my common law partner and wait out the 6 months. However, I cannot remain in Canada without working. We do not have the financial resources to do that and I cannot take a 6 month sabbatical at this point in my career. If I state my non-compliance how likely are they to give me a 1 or 2 year exclusion order?
