Foreign nationals generally require authorization to work in Canada. Depending on the circumstances, this may come from a valid work permit or a specific exemption under Canadian immigration law. Working without the required authorization can affect a person’s temporary status and future immigration applications.
What Is Unauthorized Work?
Unauthorized work occurs when a foreign national works without the authorization required by the Immigration and Refugee Protection Regulations.
It can also occur when someone holds a work permit but does not comply with its conditions. For example, a person with an employer-specific work permit may not be authorized to work for another employer. Other restrictions may relate to the occupation, location, or period of authorized employment.
Having a Social Insurance Number, receiving wages, paying taxes or having a job offer does not, by itself, provide immigration authorization to work.
What Are the Possible Immigration Consequences?
Unauthorized work may constitute non-compliance with Canadian immigration law. Under section 41 of the Immigration and Refugee Protection Act, a foreign national may be found inadmissible for failing to comply with the Act.
Depending on the facts, unauthorized work may result in enforcement action, an inadmissibility report or a removal order. It may also negatively affect future applications for temporary residence or permanent residence.
The Regulations generally prevent an officer from issuing a work permit to someone who has engaged in unauthorized work until six months have passed since the unauthorized work stopped. However, specific exceptions apply, so the effect of this provision depends on the individual’s circumstances.
If a person provides false information or conceals unauthorized work in an immigration application, separate consequences for misrepresentation may arise. Unauthorized work should therefore be disclosed accurately when an application requires that information.
Can I Continue Working After My Work Permit Expires?
A person who applied to extend their work permit before it expired may be authorized to continue working while the application is being processed. This is commonly called maintained status.
To remain authorized, the person must stay in Canada and continue complying with the conditions of the expired work permit. For example, someone with an employer-specific permit must generally continue working for the same employer, in the same occupation and at the same location, unless otherwise authorized.
Submitting an application after a work permit has expired does not automatically provide authorization to continue working.
Can Temporary Resident Status Be Restored?
In certain circumstances, a person may apply to restore their temporary resident status within 90 days after losing it. Restoration is not automatic, and the applicant must satisfy the applicable requirements.
A restoration application does not normally authorize the person to work while a decision is pending. The individual should generally stop working and wait until authorization has been granted.
What Should I Do If I Have Worked Without Authorization?
Stop working as soon as the potential violation is identified. Preserve relevant records, including work permits, application confirmations, employment agreements, and payroll documents. Obtain legal advice before submitting an immigration application, responding to immigration authorities, or attempting to return to work.
Conclusion
Unauthorized work can have serious immigration consequences, but the outcome depends on the person’s status, permit conditions, employment history, and available exceptions. Prompt legal advice may help identify the appropriate steps and reduce the risk of further non-compliance.
Contact Jain Immigration Law
Jain Immigration Law assists individuals and employers with Canadian immigration matters, including work permits, restoration applications and admissibility concerns. To discuss your circumstances, contact us:
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com