LacyMac

What would happen if Canada Immigration found out that someone was working illegally before they received their residency come through?

humanist

I reckon it would seriously jeopardise the whole thing, very bad idea!

....although for a fleeting moment last week I considered it myself.

mattieuk

I believe they would be able to cancel any residency that you 'had coming'.

Its just not worth it. If they catch you, there could be some pretty severe consequences. I know I wouldn't risk pissing off the immigration department I was relying on to live in a new country!

LacyMac

Ok Well ths person has received his residency now but the canadian immgration have found out that he worked illegally prior to this?

Would anything happen in this situation?

iaink

They could throw them out for making a false declaration. This could even extend beyond attaining canadian citizenship too (as its under false pretences), but I think its pretty rare.

mattieuk

Ok, as its something that has actually happened, I'm going to bow out, as I don't want my lack of knowledge to influence anything you do (thought it was you thinking about doing something along these lines before).

I have no idea what the 'will' do. I was under the impression that most visas/residencies were granted under the proviso that you had truthfully given them all information asked (and all applications I have made have made reference to whether or not I have complied with previous visas - i.e. whether or not I've lived/worked there illegally). I'd assume they have the legal parameters to do quite a lot, in so much as removing his/her legal status in Canada, its just whether they want to enforce it to the fullest extent.

Perhaps someone else can help who has direct experience, but I've nothing concrete to suggest, sorry.

christmasoompa

Is this your ex-partner again that you're trying to get thrown out of Canada? If so, then yes, PR could be revoked if he was found to have lied on his application, but perhaps it's time to just let it go?

LacyMac

Yes it is him but no I did not report him someone else has!

My son is the one that suffers please remember there is a child involved

christmasoompa

I realise that, but how is your son suffering because his dad has worked illegally in Canada? I just don't see what it's going to achieve by trying to get him deported, and it must be taking a lot of your energy and time up just trying.

iaink

Ooh, complicated. If he was the primary applicant its potentially a nightmare isnt it as there is no grounds for anyone else to have come either? Any legal opinions out there I wonder, on or off the record?

LacyMac

they are not just concerned with his working illegally but escaping maintenance etc. either way it is done now but I jsut wanted to knwo what the likely outcome would be

matthewc

Working illegally causes you to become inadmissible for non-compliance with the IRPA, however, unless you're actually caught and removed from Canada, this inadmissibility disappears when you leave Canada (or otherwise resolve your non-compliance). See ENF 2 section 10.

Typically PR's become a PR on entry into Canada, so having worked illegally previously wouldn't matter (unless you got caught / removed) as you would have already left Canada (there by rendering the non-compliance no longer applicable). Even if you got caught, deported even, the most likely outcome is you'd have to pay $200 for an "authorization to return to Canada".

I'm not sure what would happen if you landed at an inland CIC office without leaving Canada, but I suspect becoming a PR is sufficient to resolve the non-compliance. For out of status spouses being sponsored inland it certainly can be.

To have PR status removed for misrepresentation the issue would likely have to be more serious than simply having lied (by omission) about work - that lie would have to somehow have directly led to an error in the application of the IRPA. Examples where people do typically have PR removed are lying about the existence of a spouse.

It's just (just) possible it could be argued that there could have been an error in the administration of the background checks due to not having the complete work history, but I'd say that's unlikely.

I'd be really very surprised if anything happens as a result of CIC being informed he previously worked without authorisation. CIC has bigger fish to fry.

Waggle

They would probably fail your residency and deport you back to your home country.

Wayne.

matthewc

Actually for the reasons I explained, that's probably a fairly unlikely outcome.

LacyMac

He has admitted through a letter than he undertook work and he should not have. The CIC have been ringing me and the person that reported him over the last 2 weeks.

They seem to be taking it seriously.