Unauthorized work

[Saphire27]

CIC raised query on my PR application due to 2 months unauthorized work after my work permit got rejected. But my employer did not inform me about the work permit rejection and continued me to work. I thought my work permit was in the process. My employer filed another restoration application and CIC approved my work permit. My employer did not inform me anything about all this. How can I proceed further? Can I make a complaint against my employer to CIC? Seniors please advice.

 

[siroccoon]

Firstly you need to answer the query from CIC about your unauthorized work. You don't have any choice other than stating the facts to CIC as quick as you can. Complaining about your employer is not what you should be focussed on now. Take legal advice if necessary.
Good luck.

 

[yahoo7]

CIC raised query on my PR application due to 2 months unauthorized work after my work permit got rejected. But my employer did not inform me about the work permit rejection and continued me to work. I thought my work permit was in the process. My employer filed another restoration application and CIC approved my work permit. My employer did not inform me anything about all this. How can I proceed further? Can I make a complaint against my employer to CIC? Seniors please advice.

Was this unauthorized work part of your 2 year qualifying experience as per the pre Jan 2, 2013 rules? And, when did you receive the query? Can you copy the content of the email in this forum?

 

[Jitu1011]

From whatever you said, you can convince them easily that It was not unauthorized as you worked on implied status.
Secondly there is no direct communication to your employer by CIC regarding your work permit application. Employer is involved in LMO / PNP but not for work permit. So forget any thoughts of complaining about your employer.

You can only try to convince them that technically you were on Implied status and you haven't worked illegally.

 

[yahoo7]

From whatever you said, you can convince them easily that It was not unauthorized as you worked on implied status.
Secondly there is no direct communication to your employer by CIC regarding your work permit application. Employer is involved in LMO / PNP but not for work permit. So forget any thoughts of complaining about your employer.

You can only try to convince them that technically you were on Implied status and you haven't worked illegally.

Jitu, I think you did not understand the point here...the applicants WP extension was rejected by CIC and he was not informed by his employer till 2 months after the rejection. It is only after this period that his employer filed for a restoration of status and a subsequent WP which got approved. So the period of 2 months before he filed for restoration becomes an unauthorized period to work.

 

[Saphire27]

I started working in Canada from Jan 2009. I have submitted my application under CEC category on June 2012. I'm eligible to apply under CEC (24 months) by Jan 2011. Here are the details from CIC.

Dear ------------------

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

knowledge of English or French,
Canadian skilled work experience,
Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 2174-Software Products Developer.

I am not satisfied that you meet the temporary resident status requirements because you submitted earnings statements issued by your employer xxxxxxxxxx indicating you worked 176 hours during the period ending on March 31, 2012 and 168 hours during the period ending on April 30, 2012. The information available to me indicates that you had authorization to work until the expiry of your work permit on October 29, 2011 and that you had implied status until March 9, 2012. After this date, you did not have authorization to work until your status was restored on August 20, 2012. For this reason, you have been working without authorization between March 9, 2012 and April 30, 2012. Therefore, you have not complied with R87.1(3)c).

 

[scylla]

I think your only option is to apply again from scratch under the new 1 year rule (assuming you qualify). There's no point in appealing. You don't qualify under the old rules due to the unauthorized work. There's also no point in blaming your employer. CIC will say that you are responsible for knowing your status and ensuring you are working legally.

 

[yahoo7]

I started working in Canada from Jan 2009. I have submitted my application under CEC category on June 2012. I'm eligible to apply under CEC (24 months) by Jan 2011. Here are the details from CIC.

Dear ------------------

I have now completed the assessment of your application for a permanent resident visa as a member of the Canadian Experience Class and have determined that you do not meet the requirements for immigration to Canada.

According to the Immigration and Refugee Protection Regulations, applicants in the Canadian Experience Class are assessed on the basis of the pass/fail requirements set out in subsection R87.1(2). The assessment of these criteria determines whether a worker with Canadian experience will be able to become economically established in Canada. The criteria are:

knowledge of English or French,
Canadian skilled work experience,
Canadian educational credentials (for the Post-Graduation Stream only).

Your application was assessed based on the occupation(s) which you identified as part of your skilled work experience in Canada: NOC 2174-Software Products Developer.

I am not satisfied that you meet the temporary resident status requirements because you submitted earnings statements issued by your employer xxxxxxxxxx indicating you worked 176 hours during the period ending on March 31, 2012 and 168 hours during the period ending on April 30, 2012. The information available to me indicates that you had authorization to work until the expiry of your work permit on October 29, 2011 and that you had implied status until March 9, 2012. After this date, you did not have authorization to work until your status was restored on August 20, 2012. For this reason, you have been working without authorization between March 9, 2012 and April 30, 2012. Therefore, you have not complied with R87.1(3)c).

This email shows that CIC did not really give you a chance to explain yourself but rather rejected your application..is that right?

 

[jsm0085]

As others have pointed out you are personally liable for the work permit. The employer is only responsible for lmo etc.

During this time you were not on implied status. As pr is obviously a big deal if suggest you seek legal advice before proceeding further, it's too important to get wrong. I highly recommend my own immigration lawyer. If you are based in Toronto pvt MSG me and I will send you there details. Otherwise id suggest you search the form / google for immigration lawyer recommendations (not consultants).

Good luck and please seek professional legal advice before proceeding.

 

[Dilli]

Sorry to hear about your rejection. Working for 24 hours was not an issue for you since you completed your 2 years in Jan 2011 itself. The issue which I understand is working illegally. Even if you apply under 1 year rule, they may still bring this point, working illegally. So again they may reject your application. Best would be to take a legal advice on this.

 

[isabox]

You can only try to convince them that technically you were on Implied status and you haven't worked illegally.

Isn't working during restoration not allowed? As far as I know, you are not allowed to work during restoration.

 

[yahoo7]

Isn't working during restoration not allowed? As far as I know, you are not allowed to work during restoration.

No, you are not authorized to work during the restoration period.

 

[Jitu1011]

After reading the letter, I can suggest that you can file PR on humantarian and compassionate basis.
You will have to go to immigration lawyer to file challenge against the rejection in the court.

 

[PMM]

Hi

After reading the letter, I can suggest that you can file PR on humantarian and compassionate basis.
You will have to go to immigration lawyer to file challenge against the rejection in the court.

1. Have you ever read anything about H.& C?
2. I find it interesting the OP blames everything on the employer, but he would be one that signed the application, signed the restoration and yet knows nothing about it?

 

[SenoritaBella]

Very unfortunate. Is there a reason you didn't apply in Jan 2011 when you were eligible? Anyway, I recommend speaking with an experienced immigration lawyer. In the future, keep on top of your application even if the employer applies for you. Contact the CIC call centre to check the status of your application.