Will I be denied PR on CEC after reentering the country?

[Tir]

Hello there!

I'm writing because I'm in a situation that has me really worried.
I'm in Canada with a temporary work permit, although I left my employment some weeks ago (I finished in good terms with the employer).

Till there, everything ok. I know I can stay in the country while my work permit is valid, as far as I don't work for any other employer or enrol in any course.

My doubt is that after finishing employment I went to the US and came back to Canada, in order to arrange everything from here previous to my departure, which I'm planning for the next week. Since then it has been less than one month. My concern is that in the customs declaration form I indicated that my purpose was business since my permit is still valid. The CBSA officer asked verbally if I still were working for the company and I said yes, so he stamped my passport and let me enter Canada again.

I could have declared that I was entering as a tourist, but since I finished in good terms with my employer and I though that I might be ending working again for them I said what I said.

Now my concern is that I could have any legal problem because I said that I was still working for the employer. Specially since I was planning to apply for PR through the CEC category as soon as I leave and in the application I'd have to declare everything (they will see that I reenter end the country with a work permit and I never worked for the company again). I wonder if they could check the information with CBSA and I could get in trouble. So I'm even considering not applying for PR anymore because of this, although I really would like to apply.

I would appreciate any sort of advice!

Thanks

 

[grishan1]

So, you think each time you enter Canada, custom puts the purpose of your visit in the system?

 

[ip000073]

Hello there!

I'm writing because I'm in a situation that has me really worried.
I'm in Canada with a temporary work permit, although I left my employment some weeks ago (I finished in good terms with the employer).

Till there, everything ok. I know I can stay in the country while my work permit is valid, as far as I don't work for any other employer or enrol in any course.

My doubt is that after finishing employment I went to the US and came back to Canada, in order to arrange everything from here previous to my departure, which I'm planning for the next week. Since then it has been less than one month. My concern is that in the customs declaration form I indicated that my purpose was business since my permit is still valid. The CBSA officer asked verbally if I still were working for the company and I said yes, so he stamped my passport and let me enter Canada again.

I could have declared that I was entering as a tourist, but since I finished in good terms with my employer and I though that I might be ending working again for them I said what I said.

Now my concern is that I could have any legal problem because I said that I was still working for the employer. Specially since I was planning to apply for PR through the CEC category as soon as I leave and in the application I'd have to declare everything (they will see that I reenter end the country with a work permit and I never worked for the company again). I wonder if they could check the information with CBSA and I could get in trouble. So I'm even considering not applying for PR anymore because of this, although I really would like to apply.

I would appreciate any sort of advice!

Thanks

AFAIK WP is not Canada "entry" document. You're entering Canada based on your Visa (or Passport for visa-exempt countries). A custom officer may ask you to show WP just to validate your reason to enter Canada but I'm pretty much sure it's not recorded anywhere.

 

[Tir]

Thanks guys! I really appreciate your answer! So what do you suggest me to do? Do you think I should just forget about the PR to avoid problems? I'm so worried now. And I feel like a stupid and so guilty. Additionally, do you think I'll be in trouble when leaving the country?

Also, if you have any suggestion about where I can get more information on this topic, please let me know

 

[ip000073]

Thanks guys! I really appreciate your answer! So what do you suggest me to do? Do you think I should just forget about the PR to avoid problems? I'm so worried now. And I feel like a stupid and so guilty. Additionally, do you think I'll be in trouble when leaving the country?

Also, if you have any suggestion about where I can get more information on this topic, please let me know

I don't see you did something illegal. Why would you forget about the PR?

 

[ip000073]

the CBSA oficer was misinformed, wasnt he?

It is really does not matter what he said to the officer at the point of entry about his reason to visit Canada if he is not going to work (or doing something which may invalidate his Visa).

 

[ip000073]

The PR officer will ask himself How is it possible he did not work and he successfully crossed the port of entry.

This is silly. If you are from visa-exempt country, you don't need any document (except your Passport) to enter Canada and stay up to 3 months (without permission to work of cause).

 

[ip000073]

I am from a visa exempt country. I told the truth to CBSA. He advised me to go to immigration. The immigration changed my status and gave me a visitor record. Everybody very kind but they asked me where I am going to stay and how much time do I want.

Silly is lying to the government and trying to go around it.

No,
Lying is when you enters Canada with intent to do something which is not allowed by your WP/Visa. This is not the case. Especially that Tir has valid closed WP and still can work for his old employer (so he has the rights to to enter Canada).

 

[grishan1]

Just to share experience. I know people who stopped working in Canada. They leaved Canada, but they were coming back to visit Canada basing on a visa that still didn't expire. However, they told at the border, that they are not working anymore, and border officer asked them to gave back work permit. So they returned work permit at the border, but still had a visa to enter Canada.

Tir, if you really need, you can also ask a good lawyer which I can recommend (deinega at yahoo dot com). As I understand, the main question, if they have record with purpose of your visit that you declared, and if this is very crucial

 

[vermanaman]

Thanks guys! I really appreciate your answer! So what do you suggest me to do? Do you think I should just forget about the PR to avoid problems? I'm so worried now. And I feel like a stupid and so guilty. Additionally, do you think I'll be in trouble when leaving the country?

Also, if you have any suggestion about where I can get more information on this topic, please let me know

Tir

Do not worry about it. Please go ahead and apply for CEC PR.

ip000073 is correct in the previous post. As long as you had a valid work permit - it is okay to enter canada as a worker. Verbal answers are not recorded by the Immigration officers.
Yes it is true that on their system, you will be shown entering canada as temporary worker which is perfectly fine coz you possessed a valid work permit. The only thing you could have said at that point is that you are currently moving to a new employer or looking for a new employer in canada instead of saying you are still working with them.

This will not affect your PR application in the slightest possible way. Here is why -

When the PR officer checks your file - he will see your experience letter and match it with your work permit (which is valid) and your first entry date prior to employment. As long as this matches it is fine.

After your employment ended, Since you entered on a work permit, the border control report will mention you as a worker - although this has nothing to do with whether you were working for that particular employer at that time..you were still entering Canada as a worker on the basis of your work permit.

You did not cause any harm or commit a crime in this process. There was a misrepresentation but the verbal nature of it with valid work permit will cause you no problems when applying for CEC.

 

[vermanaman]

Just so you guys know - CIC does not request border entry reports unless deemed absolutely necessary especially for PR applications. They dont even ask it sometimes for Citizenship applications.

CEC is purely based on you having required experience legally and an experience letter with the correct NOC code. Since you did not overstay - or show work experience beyond the validity of work permit they will not have a problem.

Again I agree there was a misrepresentation...but the OPs question was if it will affect his/her CEC application. It will not.

 

[jackfrost]

He was asked if he is working. He was not and he said he was.

Are you deaf or illiterate?

I consider this discusson ended unless someone else will come up with some bright mind or experience.

You are wasting my time.

dude.. u just can't agree that you are wrong.. can you!? I see your profile info on the left it shows what kind of a mindset u have
atleast dont scare people here if you are not sure about anything just say silent or give opinions. no need to get angry on anyone!! looks like you deserve those 22 negative ratings on your profile..

bdw, I agree with ip000073 and vermanaman

 

[Tir]

Thanks again guys. I understand I made a mistake, and byrwus, I feel guilty enough for it.
I appreciate all your feedback and I understand that it is quite confusing. If I wasn't confused I'd have been clear from the very beginning. It wasn't my purpose to do anything illegal, but I understand that it might have been.

As some of you recommend, I'll speak with an immigration expert before considering sending my CEC application. If there's a chance that the application will put me in trouble I'd rather pass, as it could not only have an impact in not being able to come back to Canada - even as a tourist - but also to some other countries which share information with Canada. I'd rather refuse to apply for PR if that's the case and be able to come back as a tourist when I want to visit friends that not being able to come back at all.

 

[Tir]

Well Birwus, I hope you have luck with that!

All this is quite complicated! In fact if I had know better in advance I'd have stayed in Canada and all with be fine, as it is clear that you can stay in the country after leaving the employer if the permit is valid, as far as you don't work.

Oh well...

Also, I didn't sign ANYTHING saying that I was still working. The officer asked, as a routine question I guess, but I didn't sign that anywhere. I also messed up because it was the only time that I reentered with this permit, before I had a WHP and everything was so easy!

 

[Tir]

You're right. This is the 3rd country I live in. And I've never had any problem anywhere before... I'm probably getting more used to it than I should. Lesson learned!

If I were you I'd wait too, so you come when you're sure you'll have it granted!