UK IEC 2013 - CIC Refusal help

[Scoffer88]

Hi,

I am requiring some advice on a refusal letter just received from CIC stage of the IEC visa.

Last year I was refused entry from Canada because I was deemed by CBSA to have worked whilst on a visitors visa. (I volunteered a few hours of my time to help my spouse). I was given a 6 month working ban, however was advised by the CBSA Guard that I could apply for a new permit, I just would not be allowed to enter on it until the 20th March 2014.

Recently I applied for the CIC stage of my IEC visa, I have now received the rejection based on.
"your immigration status – you were previously advised that you are prohibited from engaging in work for a period of six months, until 2014/03/20. As the six month period has yet to elapse, you have been found to be ineligible for a work permit."
i was not planning to enter until the 20th March date had passed.

The end of the letter states: "This application is closed. Please note that any new information you wish to provide must be submitted with a new application and processing fee. Should you wish to reapply, I would suggest that you do so only if your situation has changed substantively or you have significant new information to submit"

I need help... Does this now mean my letter of conditional acceptance is now void, or can I apply again on the 20th March?? Can I talk to anyone or appeal the decision stating that I won't enter until the 20th March??

Thanks for any help or advice!

 

[scylla]

Anyone caught working illegally is typically given a six month work permit ban - meaning they can't apply for a work permit for six months. Even if you weren't paid, what you were doing could still have been classified as illegal work if you were doing work someone normally would have been paid for (e.g. helping in a store, helping with a business, helping in a restaurant, etc.).

To the best of my knowledge the information the CBSA agent provided to you was wrong. You can't apply for a work permit until the six months have passed and this means you were (unfortunately) correctly refused. It doesn't matter when you were planning on entering. While the ban is in place, you aren't eligible to apply and can't be issued a work permit.

I can't answer your question regarding your conditional acceptance. If I had to guess however - I would think your application is now fully cancelled / closed. You can send an email to request they reconsider your application and stating the reasons why (low chance this will change anything but worth a try).

Otherwise I think your only option is an appeal to the Federal Court which will take a lawyer, time and a few thousand dollars (with no guarantee of success). It's likely a far better option to wait it out until next year or to try to get a work permit via the LMO route once your ban has expired.

Good luck.

 

[Scoffer88]

Anyone caught working illegally is typically given a six month work permit ban - meaning they can't apply for a work permit for six months. Even if you weren't paid, what you were doing could still have been classified as illegal work if you were doing work someone normally would have been paid for (e.g. helping in a store, helping with a business, helping in a restaurant, etc.).

To the best of my knowledge the information the CBSA agent provided to you was wrong. You can't apply for a work permit until the six months have passed and this means you were (unfortunately) correctly refused. It doesn't matter when you were planning on entering. While the ban is in place, you aren't eligible to apply and can't be issued a work permit.

I can't answer your question regarding your conditional acceptance. If I had to guess however - I would think your application is now fully cancelled / closed. You can send an email to request they reconsider your application and stating the reasons why (low chance this will change anything but worth a try).

Otherwise I think your only option is an appeal to the Federal Court which will take a lawyer, time and a few thousand dollars (with no guarantee of success). It's likely a far better option to wait it out until next year or to try to get a work permit via the LMO route once your ban has expired.

Good luck.

Hi Scylia,

Thanks for your response. I am aware of the illegal working now... I have sat out most of my ban, just another month to go. With the 3 month processing times on the website, I thought I might be able to move things along a little faster. The information provided by the CSBA agent is very frustrating, because I asked the question several times for clarification! Now I feel like I have been rejected based on duff information provided by that agent, especially as nothing was given to me in writing and not much information could be found anywhere on the website!

Since my post I got through to a very friendly agent at CIC, who told me that my conditional Letter of acceptance was still valid until the date of expiry, because although the permit is refused the conditional acceptance still stands. Or is this the wrong info as well?? She advised me to email questions@cic.gc.ca with an outline of the circumstances and they might review it. Fingers crossed.

Thanks for your help!

 

[scylla]

I'm not qualified to answer the conditional letter question. But if it's still valid and you can postpone reapplying for the IEC until after March 30th - that would be great news. Good luck.