+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

HarryThind

Newbie
Feb 20, 2020
1
0
This is my case since 2014 and I'm really thinking to sue CIC for everything that I've had to endure because of their mistakes. Let me explain to you why I think I should sue them and what mistakes they did:

I applied for a Study Permit in 2014 from an EU country which I'm a citizen of. I have one incident in my criminal record from 2010 in my country of citizenship, but I was fully transparent in my application and answered all the questions honestly. To my surprise, the application was approved and I started my studies in 2015 January which I completed in 2015 December. My study permit came with an open work permit which allowed me to work 20h when studying and full time when not studying (holidays etc.). Before I graduated, I applied for a Post-Grad Work Permit. This gave me an Implied Status which allowed me to continue working according to my previous work permit (in this case the one that came with my Study Permit). Problem was, nobody would hire me because there is no document for Implied Status and my work permit that came along with my study permit had already expired. I waited for all of 2016 without having almost any income (I did find some work initially in the film industry, but that didn't last for too long due to this same reason). In 2016 December I got married in Canada and almost immediately applied for Permanent Residency which my spouse is sponsoring me for.

Finally, almost a year and a half later, in April 2017 my Post-Grad Work Permit was denied, but since I already filed an application earlier for PR, I was allowed to remain in the country. On August 29, 2017, I received an open work permit that was valid until October 2019 (don't know how). I immediately sought work and was hired the next day. This helped a lot, but even this didn't last for too long. I sent another application in January 2019, this time a Criminal Rehabilitation Application, or previously knows as a Pardon Application. This was to support my case for PR as my record had been fully cleared in my country since June 2017.

I started my own business in mid of 2019, which was finally growing to a comfortable level when I received a letter today from CIC regarding my Work Permit Extension which I had applied for before my previous permit expired in October 2019. The letter stated that due to my past criminality they can not allow me to continue work in Canada AND that I'm criminally inadmissible to Canada. I immediately called CIC for further information, and after a long wait and a long hold, I was finally told that I can still remain in Canada while my PR application is being processed, but I can not continue working or continue with my business! So once again, my wife and I are left in a situation where only one of us can earn an income while the other (me) stays home all day.

Here's the best part:
According to the officer whom I spoke to today, there was a "professional mistake" by an immigration officer who gave me the work permit AND another "professional mistake" by another officer who initially gave me the study permit which I was never supposed to receive in the first place due to my criminal record.

I've been through many ups and downs and been through depression many times since I applied for a Post-Grad Work Permit. Not to mention the loss of income and professional job opportunities that I lost because of this whole mess. And now, after starting my own business and when things were finally starting to flow and we were finally back on track, I'm told I can't work any longer.

What do you think? Enough reason to sue them or no?
 
You're going to sue them because they gave you opportunities you didn't have?

Had the study permit not been approved, you'd never have come to Canada, had your education, married your spouse, or started your business, which you'll be able to return to once you get your PR.

You do need a lawyer, though - if you're criminally inadmissible, your PR is going to be refused.
 
This is my case since 2014 and I'm really thinking to sue CIC for everything that I've had to endure because of their mistakes. Let me explain to you why I think I should sue them and what mistakes they did:

I applied for a Study Permit in 2014 from an EU country which I'm a citizen of. I have one incident in my criminal record from 2010 in my country of citizenship, but I was fully transparent in my application and answered all the questions honestly. To my surprise, the application was approved and I started my studies in 2015 January which I completed in 2015 December. My study permit came with an open work permit which allowed me to work 20h when studying and full time when not studying (holidays etc.). Before I graduated, I applied for a Post-Grad Work Permit. This gave me an Implied Status which allowed me to continue working according to my previous work permit (in this case the one that came with my Study Permit). Problem was, nobody would hire me because there is no document for Implied Status and my work permit that came along with my study permit had already expired. I waited for all of 2016 without having almost any income (I did find some work initially in the film industry, but that didn't last for too long due to this same reason). In 2016 December I got married in Canada and almost immediately applied for Permanent Residency which my spouse is sponsoring me for.

Finally, almost a year and a half later, in April 2017 my Post-Grad Work Permit was denied, but since I already filed an application earlier for PR, I was allowed to remain in the country. On August 29, 2017, I received an open work permit that was valid until October 2019 (don't know how). I immediately sought work and was hired the next day. This helped a lot, but even this didn't last for too long. I sent another application in January 2019, this time a Criminal Rehabilitation Application, or previously knows as a Pardon Application. This was to support my case for PR as my record had been fully cleared in my country since June 2017.

I started my own business in mid of 2019, which was finally growing to a comfortable level when I received a letter today from CIC regarding my Work Permit Extension which I had applied for before my previous permit expired in October 2019. The letter stated that due to my past criminality they can not allow me to continue work in Canada AND that I'm criminally inadmissible to Canada. I immediately called CIC for further information, and after a long wait and a long hold, I was finally told that I can still remain in Canada while my PR application is being processed, but I can not continue working or continue with my business! So once again, my wife and I are left in a situation where only one of us can earn an income while the other (me) stays home all day.

Here's the best part:
According to the officer whom I spoke to today, there was a "professional mistake" by an immigration officer who gave me the work permit AND another "professional mistake" by another officer who initially gave me the study permit which I was never supposed to receive in the first place due to my criminal record.

I've been through many ups and downs and been through depression many times since I applied for a Post-Grad Work Permit. Not to mention the loss of income and professional job opportunities that I lost because of this whole mess. And now, after starting my own business and when things were finally starting to flow and we were finally back on track, I'm told I can't work any longer.

What do you think? Enough reason to sue them or no?


I feel your pain. Very crappy situation, smh. Please don’t ask the people on here. This is a forum and honestly ppl on forums can be strange sometimes.

Seek professional advice. The system is really beyond sh*tty. It’s almost robotic. You got an OWP without query because you sent your OWP application in along with your PR application. According to the rules, if you have a Sponsorship/PR application in process, you are eligible for an OWP. You are not necessarily eligible for an extension. If you apply for an extension, they will look into your case with scrutiny and find reasons why you may not be eligible. When you previously applied for an OWP, they didn’t see any reason to examine you. You had a PR application in process and that was all they needed to know in order to give you a check mark and approve your OWP application.


I haven’t been through what you’ve been through but I have a mind to sue them too. Find a VERY good lawyer and explain your situation to them. Best of luck and I hope you’re able to find recourse !
 
This is my case since 2014 and I'm really thinking to sue CIC for everything that I've had to endure because of their mistakes. Let me explain to you why I think I should sue them and what mistakes they did:

I applied for a Study Permit in 2014 from an EU country which I'm a citizen of. I have one incident in my criminal record from 2010 in my country of citizenship, but I was fully transparent in my application and answered all the questions honestly. To my surprise, the application was approved and I started my studies in 2015 January which I completed in 2015 December. My study permit came with an open work permit which allowed me to work 20h when studying and full time when not studying (holidays etc.). Before I graduated, I applied for a Post-Grad Work Permit. This gave me an Implied Status which allowed me to continue working according to my previous work permit (in this case the one that came with my Study Permit). Problem was, nobody would hire me because there is no document for Implied Status and my work permit that came along with my study permit had already expired. I waited for all of 2016 without having almost any income (I did find some work initially in the film industry, but that didn't last for too long due to this same reason). In 2016 December I got married in Canada and almost immediately applied for Permanent Residency which my spouse is sponsoring me for.

Finally, almost a year and a half later, in April 2017 my Post-Grad Work Permit was denied, but since I already filed an application earlier for PR, I was allowed to remain in the country. On August 29, 2017, I received an open work permit that was valid until October 2019 (don't know how). I immediately sought work and was hired the next day. This helped a lot, but even this didn't last for too long. I sent another application in January 2019, this time a Criminal Rehabilitation Application, or previously knows as a Pardon Application. This was to support my case for PR as my record had been fully cleared in my country since June 2017.

I started my own business in mid of 2019, which was finally growing to a comfortable level when I received a letter today from CIC regarding my Work Permit Extension which I had applied for before my previous permit expired in October 2019. The letter stated that due to my past criminality they can not allow me to continue work in Canada AND that I'm criminally inadmissible to Canada. I immediately called CIC for further information, and after a long wait and a long hold, I was finally told that I can still remain in Canada while my PR application is being processed, but I can not continue working or continue with my business! So once again, my wife and I are left in a situation where only one of us can earn an income while the other (me) stays home all day.

Here's the best part:
According to the officer whom I spoke to today, there was a "professional mistake" by an immigration officer who gave me the work permit AND another "professional mistake" by another officer who initially gave me the study permit which I was never supposed to receive in the first place due to my criminal record.

I've been through many ups and downs and been through depression many times since I applied for a Post-Grad Work Permit. Not to mention the loss of income and professional job opportunities that I lost because of this whole mess. And now, after starting my own business and when things were finally starting to flow and we were finally back on track, I'm told I can't work any longer.

What do you think? Enough reason to sue them or no?

I would consult with a lawyer. I'm not sure you really have grounds to sue but a lawyer be best to advise you.

You were allowed to continue working until the expiry of your work permit in October. Once that extension was refused it makes sense you are not longer allowed to work. All of that makes sense. I would submit the rehabiltiation application asap. Even if you are pardoned, a rehab application is still required. So that part makes sense as well.

I would also submit a TRP application as soon as you can. I think you have a fair chance of getting a TRP approve. And if that's approved and the duration is greater than six months (which they generally are), you can get a work permit again while you wait for the rehab application to be processed. I would honestly focus my efforts on this rather than suing. My guess is that you would end up spending a lot in legal fees to pursue IRCC in court with no net financial gain for you. But again, a lawyer would be best to comment.

Good luck - very very tough situation.