I think I am in trouble

Old Jun 5th 2011, 11:15 pm
  #1  
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Default I think I am in trouble

Hi every one,
I am preparing my application for skilled worker PR when I found myself stuck in this situation. Please give me a hand if you can!

I am an international student and have spent the last three years in Canada. My wife came with me with an open work permit that had no condition regarding working in child care, although my wife was never asked to make a medical exam. So she started working in this field. Last December, I extended my study permit and my wife’s work permit. Unfortunately, her new work permit came with the condition: “Not authorized to work in child care”. By that time, my wife was already a daycare staff!

I called the CIC and they told me that the first work permit is the wrong one and that my wife is not allowed to work in child care until she makes a medical exam and waits until its results delivered to CIC then apply for a new work permit. The new one should not include this condition.

We followed these instructions and got her medical done right away, then waited a month then tried to fill the work permit application online. But my wife continued to work in the daycare during these weeks. While filling the work permit online application, there was a question asking if the applicant had ever violated the Canadian law, and if yes how would I explain this. At this point I did not know what to do!

Option 1 was to admit that she has been working for the last few weeks although she knows it is not allowed
Option 2 was to ignore the whole thing. It was the CIC mistake from the beginning and we were not expecting changes in the new work permit.

I was busy in my exams so I ended up by not doing anything while my wife continued to work. Later, I started preparing for our PR hoping it would solve this issue.

Now, as part of my application to Buffalo visa office, they require employer reference letter for my wife. Definitely we can’t do this.

What should I do?
1- Give them only old reference letters ignoring the current employment
2- Ignoring this requirement at all as I am not claiming adaptability points under my wife’s work
3- Apply for a new work permit and correct this thing. But should we admit that she have been working illegally or just say “no” to that question?????

ANY SUGGESTIONS
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Old Jun 6th 2011, 6:01 am
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Default Re: I think I am in trouble

Tell the truth, the whole truth and nothing but the truth, if you don't it will come back to haunt you! Don't dig your hole any deeper.

Plus CIC probably know anyway and are just wanting to see what you do
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Old Jun 6th 2011, 8:59 am
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Default Re: I think I am in trouble

Originally Posted by montpro View Post
Tell the truth, the whole truth and nothing but the truth, if you don't it will come back to haunt you! Don't dig your hole any deeper.

Plus CIC probably know anyway and are just wanting to see what you do
Ditto.

And out of interest, how are you applying as a Skilled Worker if you've been a student for the past three years, it is based on a job you did before this?
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Old Jun 6th 2011, 2:23 pm
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Default Re: I think I am in trouble

Originally Posted by newscientist View Post
Hi every one,
I am preparing my application for skilled worker PR when I found myself stuck in this situation. Please give me a hand if you can!

I am an international student and have spent the last three years in Canada. My wife came with me with an open work permit that had no condition regarding working in child care, although my wife was never asked to make a medical exam. So she started working in this field. Last December, I extended my study permit and my wife’s work permit. Unfortunately, her new work permit came with the condition: “Not authorized to work in child care”. By that time, my wife was already a daycare staff!

I called the CIC and they told me that the first work permit is the wrong one and that my wife is not allowed to work in child care until she makes a medical exam and waits until its results delivered to CIC then apply for a new work permit. The new one should not include this condition.

We followed these instructions and got her medical done right away, then waited a month then tried to fill the work permit application online. But my wife continued to work in the daycare during these weeks. While filling the work permit online application, there was a question asking if the applicant had ever violated the Canadian law, and if yes how would I explain this. At this point I did not know what to do!

Option 1 was to admit that she has been working for the last few weeks although she knows it is not allowed
Option 2 was to ignore the whole thing. It was the CIC mistake from the beginning and we were not expecting changes in the new work permit.

I was busy in my exams so I ended up by not doing anything while my wife continued to work. Later, I started preparing for our PR hoping it would solve this issue.

Now, as part of my application to Buffalo visa office, they require employer reference letter for my wife. Definitely we can’t do this.

What should I do?
1- Give them only old reference letters ignoring the current employment
2- Ignoring this requirement at all as I am not claiming adaptability points under my wife’s work
3- Apply for a new work permit and correct this thing. But should we admit that she have been working illegally or just say “no” to that question?????

ANY SUGGESTIONS
If your wife has had deductions taken at source from her pay, CRA are going to have a record where she worked (if deductions not taken you may then you have a whole new set of problems); you should not lie on any of the forms, you are signing a declaration that the information is true and accurate, which if you know it's not is going to compound the situation you are already in. These things have a habit of catching up with you, if not now at any time in the future.

Ignorance of the rules is no excuse for the govt., worse you had asked and been told by CIC that it was not permitted. If they have notes of this inquiry and then you say nothing you'll get found out pretty quick. No idea what sort of credible explanation you could come up with for this. Blaming CIC won't wash, you asked and got the answer, but carried on regardless.

One question this does beg, why on earth, if you were told she was not permitted to do this would she carry on knowing she was working illegally and jeopardize being able to stay in Canada, let alone getting PR.

Suggestions, have a plan b; hopefully you still have accommodation in your home country.

Last edited by Aviator; Jun 6th 2011 at 2:32 pm.
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Old Jun 7th 2011, 4:55 am
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Default Re: I think I am in trouble

Thank you all for your opinions
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