Work permit query

[K5678]

Hi, needing advice for a friend - person B.

B went to Australia on student visa in 2007 which was refused in 2012 having not met English language requirements. However, B already had a partner then, so after being put on a temporary bridging visa - B reapplied for a partner visa in 2012 which was refused in 2015 due to breakdown in their relationship and subsequent lack of evidence. B was then granted indefinite bridging visa in 2018 while awaiting for a protection visa to come into effect (?im hazy on the details).

Anyway, B has a job offer to gain work permit entry into Canada for an LMIA-positive company which will be a better future but is anxious that the visa history in Australia will impact work permit application negatively.

What should B do? Some lawyers told B not to declare and I was horrified at that because Iknow Canada can easily access visa historyfrom Australia. Really appreciate the thoughtfuladvice from the helpful members in this forum.

 

[21Goose]

You must always declare all visa refusals. Not doing so is the easy route to a five year ban. The student visa refusal will not impact his work permit, but I can't really speak to the other visas since it's not clear what happened.

However, the easy answer - tell the truth. Canada and Australia share history, so it's practically guaranteed to get him a ban if he lies on his application.

 

[K5678]

You must always declare all visa refusals. Not doing so is the easy route to a five year ban. The student visa refusal will not impact his work permit, but I can't really speak to the other visas since it's not clear what happened.

However, the easy answer - tell the truth. Canada and Australia share history, so it's practically guaranteed to get him a ban if he lies on his application.

Thanks , I’ve advised B on the importance of declaring visa history. Thanks for letting me know that student visa refusal does not impact work permit.

The second refusal was of the partner visa due to lack of evidence of genuine relationship as their relationship broke down in the period of 2012-2015. Visa was applied in 2012 and refused in 2015.

Between 2015-2018, B overstayed but was granted an indefinite bridging visa in 2018 by Australia. No deportation.

So visa history has 2 refusals (one student visa, one partner visa) and that period of overstaying however then granted bridging visa which is indefinite ie no date by which B is required to leave Australia.

I’m worried that the visa history may result in a work permit refusal. Does B also need to attach a letter to explain reformation of character since ie for English language requirement since has worked diligently to improve and attach improved IELTS scores. Not sure what evidence to attach apart from that?

 

[canuck_in_uk]

Hi, needing advice for a friend - person B.

B went to Australia on student visa in 2007 which was refused in 2012 having not met English language requirements. However, B already had a partner then, so after being put on a temporary bridging visa - B reapplied for a partner visa in 2012 which was refused in 2015 due to breakdown in their relationship and subsequent lack of evidence. B was then granted indefinite bridging visa in 2018 while awaiting for a protection visa to come into effect (?im hazy on the details).

Anyway, B has a job offer to gain work permit entry into Canada for an LMIA-positive company which will be a better future but is anxious that the visa history in Australia will impact work permit application negatively.

What should B do? Some lawyers told B not to declare and I was horrified at that because Iknow Canada can easily access visa historyfrom Australia. Really appreciate the thoughtfuladvice from the helpful members in this forum.

What kind of "protection visa"? Given the fact that he overstayed in Australia for many years and seems to have claimed asylum or something in Australia, he can expect to be refused a work permit to Canada.

 

[K5678]

What kind of "protection visa"? Given the fact that he overstayed in Australia for many years and seems to have claimed asylum or something in Australia, he can expect to be refused a work permit to Canada.

I’m not sure I’ll get back to you regarding if I have details on protection visa correct.

Can they overlook the overstaying if B has a good explanation considering even Australia provided B with a bridging visa? B was not deported.

 

[21Goose]

I’m not sure I’ll get back to you regarding if I have details on protection visa correct.

Can they overlook the overstaying if B has a good explanation considering even Australia provided B with a bridging visa? B was not deported.

Impossible to say. In general they are leery of people who overstayed/claimed asylum in other countries since there's already a history of not respecting the visa conditions. The chances of rejection are high, but of course it depends on the exact circumstances, the kind of explanation you provide etc.

Not being deported doesn't really change things. The fact remains that B didn't follow the rules once, and therefore may not follow them in Canada either. You need to change that assumption.

 

[K5678]

Impossible to say. In general they are leery of people who overstayed/claimed asylum in other countries since there's already a history of not respecting the visa conditions. The chances of rejection are high, but of course it depends on the exact circumstances, the kind of explanation you provide etc.

Not being deported doesn't really change things. The fact remains that B didn't follow the rules once, and therefore may not follow them in Canada either. You need to change that assumption.

I completely understand. It definitely does not give a good impression on B’s character. How do we show that B has reformed without giving a second chance? I am at a loss on what evidence to provide to change this assumption apart from a letter of explanation as to the circumstances.

 

[21Goose]

I completely understand. It definitely does not give a good impression on B’s character. How do we show that B has reformed without giving a second chance? I am at a loss on what evidence to provide to change this assumption apart from a letter of explanation as to the circumstances.

Nothing much you can do besides the letter. It's impossible to prove that he has reformed; he only got his visa last year? So your claim that he has reformed in the past 8-12 months is hard to validate.

If it was years and years ago it would have given more credence to your claim of reformation. If he has a PR from Australia, that would help too, since that would mean that he could definitely return to Australia. I don't know what kind of indefinite visa he has, but it probably doesn't grant him the same rights as a PR.

Just write a good letter and hope for the best.

 

[scylla]

I completely understand. It definitely does not give a good impression on B’s character. How do we show that B has reformed without giving a second chance? I am at a loss on what evidence to provide to change this assumption apart from a letter of explanation as to the circumstances.

FYI - If B has or had a temporary protection visa - this is the equivalent of claiming refugee status in Australia. If so, chances of a work permit being approved for Canada are effectively nil.

 

[scylla]

Truthfully - all of the advice here is pretty pointless until you can get un-hazy on the details. We need to understand B's full / detailed history in Australia before anyone can comment on the feasibility of a work permit. If there was a refugee / asylum claim involved - it's a non-starter.

 

[K5678]

FYI - If B has or had a temporary protection visa - this is the equivalent of claiming refugee status in Australia. If so, chances of a work permit being approved for Canada are effectively nil.

I will check this. Thank you for all the opinions so far

 

[K5678]

Truthfully - all of the advice here is pretty pointless until you can get un-hazy on the details. We need to understand B's full / detailed history in Australia before anyone can comment on the feasibility of a work permit. If there was a refugee / asylum claim involved - it's a non-starter.

Can I clarify, does the protection/asylum have to be granted or is it already considered admissible if a claim has been made but never granted ?

 

[K5678]

Can I clarify, does the protection/asylum have to be granted or is it already considered admissible if a claim has been made but never granted ?

Inadmissible **

 

[scylla]

Can I clarify, does the protection/asylum have to be granted or is it already considered admissible if a claim has been made but never granted ?

It's not that a person is inadmissible. It's that a claim (whether granted or just made) demonstrates a lack of ties to the individual's home country and a very strong desire to permanently relocate elsewhere. To be approved for a work permit, IRCC wants to see that a person is only coming to Canada temporarily, has strong ties to their home country and will return home once their work permit ends. A past asylum claim demonstrates the exact opposite. It shows the individual has a history of attempting to remain in a country long term and that they are in fact attempting to flee their country (so no strong ties to that place obviously).