Hi, I'm a legal assistant and I met a girl at an Airbnb I stayed at, who had an interesting question I'm curious to know the answer to. This girl recently received her PR through spousal sponsorship, but prior to receiving her PR she had been working for a small company under the table, and the guy was paying her around half of minimum wage. Now that she has her PR, she wants to quit the job but feels she has been taken advantage of as an immigrant by this company (and I tend to agree with her). She wants to make a claim for him to pay her money he owes her for unpaid wages, etc., but she's worried that if she does so it may affect her PR. So what I'm curious about is - now that she already has her PR, if the IRCC determines she was working under the table before she received it, could she lose her PR? Interested to know how this could affect things. Thank you.
Worked under the table before received PR
- Thread starter Lisa Morrison
- Start date
What was her status in Canada? Did she declare this income in her taxes? Kind of hard to play the victim if she was knowingly working illegally..
The bigger question would be whether she misrepresented herself on the PR application. If she lied or left out pertenent information that resulted in the visa officer making a decision based on false or even missing information, they could revoke her status. Misrepresentation is a big deal to IRCC.
Such a strange question. Thought the concern was going to be about reporting the employer for using cash employment not wanting to sue for back payment when someone was both working illegally, living in Canada illegally and assume paid no taxes.
So, I'm not exactly sure of these details but I'm going to assume she did not misrepresent herself, because she likely would have started working during the course of her application, and since the application would have already been sent she wouldn't have lied about anything. I'm assuming she wasn't in the country illegally as she would have had implied status during her application process. But yes, she would have been working without permission and did not pay taxes. That being said I think she's prepared to pay the taxes from any eventual outcome, but is mainly concerned about how it could affect her pr if ircc finds out she was working when she shouldn't have been.
DollyM
Hero Member
- Jul 6, 2016
- 172
- Category........
- Visa Office......
- Sydney
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 27-07-2016
- Doc's Request.
- 29-07-2016
- AOR Received.
- 02-09-2016
- File Transfer...
- 31 August 2016
- Med's Done....
- 25-07-2016
So,let's see if I have this straight. You say she broke the law and was unhappy with the proceeds of her crime paid by her co-conspirator in her unlawful act, but now wants help in getting a bigger prize for breaking the law?
You’re a legal aide....look into tax evasion. Penalties are substantially more than just “paying the taxes”.
Just my opinion, but she would be smarter to take it on the chin and consider it a life lesson. The assumption that she submitted the forms first probably would hold any weight with IRCC. Misrepresentation can be pursued at any point in time (including after receiving citizenship) if the VO based their decision on false information or withholding jnformation relevant to the application. There is no time limit on misrepresentation.
Actually a sponsorship application does not grant status. She would have only had any status if she also applied for a work permit as well or extended her stay as a visitor, but not with a sponsorship application itself