Worked With an Expired Work Permit

[ze331]

Hi all,
a person I know has asked me for advice about his situation but I don’t know how I can help him because I don’t know much about this topic which is why I’m asking here.
This person has already been accepted as a protected person after obtaining his work permit as a refugee claimant. He unknowingly continued working about a year after his work permit expired. His employer also did not know that his work permit had expired and let him work. It wasn’t an illegal cash job, he paid all his income taxes during the year but he unknowingly worked with an expired work permit which is illegal as far as I know. He only realized that his work permit is expired a few weeks ago when he prepared to apply for PR and he’s been very stressed ever since. He‘s concerned that his protected person status will be revoked or his future application for PR will be refused because of this issue. If anyone has any helpful information or advice about this particular issue, it would be much appreciated! Thanks

 

[Bornlucky]

Hi all,
a person I know has asked me for advice about his situation but I don’t know how I can help him because I don’t know much about this topic which is why I’m asking here.
This person has already been accepted as a protected person after obtaining his work permit as a refugee claimant. He unknowingly continued working about a year after his work permit expired. His employer also did not know that his work permit had expired and let him work. It wasn’t an illegal cash job, he paid all his income taxes during the year but he unknowingly worked with an expired work permit which is illegal as far as I know. He only realized that his work permit is expired a few weeks ago when he prepared to apply for PR and he’s been very stressed ever since. He‘s concerned that his protected person status will be revoked or his future application for PR will be refused because of this issue. If anyone has any helpful information or advice about this particular issue, it would be much appreciated! Thanks

He can relax. As a Convention Refugee (CR) he had a conditional removal order that evaporates with his positive claim for protection. He is technically in contravention of the Act (IRPA) but a CR has to really mess up in order to be removed from Canada.

He should get a new permit because they're awfully handy when you have to show someone something that validates your presence in Canada and it would spare his employer any unnecessary headaches.

As for consequences - tsk, tsk. Apply for a renewal and get back to work while you wait for the non-status document and eventual permanent residence.

 

[ze331]

He can relax. As a Convention Refugee (CR) he had a conditional removal order that evaporates with his positive claim for protection. He is technically in contravention of the Act (IRPA) but a CR has to really mess up in order to be removed from Canada.

He should get a new permit because they're awfully handy when you have to show someone something that validates your presence in Canada and it would spare his employer any unnecessary headaches.

As for consequences - tsk, tsk. Apply for a renewal and get back to work while you wait for the non-status document and eventual permanent residence.

Thanks for the reply! And sorry, I forgot to mention that he obviously quit the second he found out he was working with an expired work permit. I told him to renew his work permit as soon as possible and he’s doing that but he’s still not sure if this issue will cause him any problems when he applies for permanent residence. Can they refuse permanent residence because of this issue?

 

[derin1010]

Thanks for the reply! And sorry, I forgot to mention that he obviously quit the second he found out he was working with an expired work permit. I told him to renew his work permit as soon as possible and he’s doing that but he’s still not sure if this issue will cause him any problems when he applies for permanent residence. Can they refuse permanent residence because of this issue?

No

 

[Onejourney]

So if someone's work permit has expired . Is it ok to just apply for work permit extension. Or do they have to apply for another work permit and start the work permit process over.

 

[scylla]

So if someone's work permit has expired . Is it ok to just apply for work permit extension. Or do they have to apply for another work permit and start the work permit process over.

You need to apply for a new work permit, not an extension.

 

[Onejourney]

You need to apply for a new work permit, not an extension.

So new work permit application for someone who is refugee claimant waiting for appeal. He already applied for extension 2 weeks ago but didn't receive the work permit extension letter. Trying to contact immigration to see if he applied correctly. So he should just start another application then for a new work permit.

 

[99909]

So new work permit application for someone who is refugee claimant waiting for appeal. He already applied for extension 2 weeks ago but didn't receive the work permit extension letter. Trying to contact immigration to see if he applied correctly. So he should just start another application then for a new work permit.

Normally if work permit was not applied correctly it doesn't get through at first place, even if by chance it happens, they would notify you on your GCkey account/email. I got my extension after a week.