Can I continue to work after my permit expires?
Dear Mrs Powell, look forward to your articles every week. I have been working in Canada for the past two years and my work permit expires in a few days. I’m worried that because of the coronavirus, I may not get a chance to put in the application. Can I continue to work with my employer? I don’t want to break any rules, so tell what to do quickly. If I can work, where can I get a document to show my employer that I can continue to work until the papers are approved? Also, can I take a quick weekend trip to Jamaica once it opens up to just get a little break? Will I have problems coming back? Thank you for all your help.
I– K.A.
Dear K.A.,
The general rule is that you should apply for a renewal of your work permit before it expires. In fact, it is recommended that you apply at least 30 days in advance. If you apply for a work permit extension or renewal before your work permit expires, you can continue working until a final decision is made on your application.
You are required to remain in Canada and ensure that you can still meet the conditions of your original work permit. This means that if you had a work permit, then you may continue to work under what is known as implied status.
IMPLIED STATUS
A temporary resident, including a foreign worker, visitor or student, is legally entitled to remain in Canada until a final decision is made on the application, if the application was submitted for extension before that status expired. The person is therefore deemed to have implied status to remain and authorised to carry on the activities he was authorised to do under the permit previously granted.
When you have implied status, you must meet the conditions of your original work permit. For instance, if you have an employerspecific work permit, you must still work for the employer named on that permit. If you have an open work permit, you do not need to wait until your new permit is delivered to start working for a new employer.
Immigration, Refugees and Citizenship Canada will not provide you with a confirmation that you have implied status, except a confirmation of receipt of your application. You are expected to keep the proof that you submitted the application, such as the confirmation letter, copies of the application, and receipt for the payment of fees.
You may need proof that you submitted the application before the expiry of your work permit. If your application is submitted online, you will get a confirmation within minutes. If you submitted your application via post or courier, you should print the confirmation of delivery for your records.
Bearing the above in mind, you must finalise your application online, before the expiry date, to limit the complications of applying for restoration of status and to ensure that you can continue to legally work in Canada.
As for ‘a quick trip’ to Jamaica, I know the desire to take a break, especially after the COVID-19 restrictions. However, you should not travel without your new permit, even if you still have a valid visitor’s visa. The restrictions on who can enter or leave a country are subject to change without notice.
I hope that you find this helpful. Should you or your employer require additional information, or help finalising the application in a timely manner, contact an immigration lawyer immediately. Most of us are available via telephone, Zoom, Skype and other online applications.
Dear Mr Bassie, hat are the considerations for not granting an application for British citizenship? Please advise.
W– J.N.
Dear J.N.,
British nationality law sets out the requirements for becoming a British citizen. These laws are agreed by the British Parliament and are intended to ensure that those who wish to apply for British citizenship have established appropriate connections with the United Kingdom. The law pertaining to citizenship is contained mainly in the British Nationality Act 1981.
It should be noted that most refusals of citizenship could be avoided if applicants had ensured, before applying, that they understood and satisfied the legal requirements. In a very few cases, refusal might be due to official error. The letter that gives a person the decision on his or her application should explain the reason why it was refused.
While there is no legal right of appeal or review of nationality decisions, persons may ask for it to be reconsidered if they disagree with the reason for refusal. There is a small charge for reconsideration, which will be returned, less the citizenship ceremony fee where appropriate, if the decision is reversed and the application is approved.
Applications for British citizenship are usually one of two types. The first is entitlement to register as a British citizen. These include all applications from adults who already hold some sort of British nationality to apply for British citizenship. It also includes applications from minor children, under age 18 years, who have British parents or were born in the UK and are eligible to apply for British citizenship.
ESTABLISHED CONNECTIONS
The second group are those applicants who are applying for discretion to naturalise or those children who do not have an entitlement to apply but have established enough connections with the United Kingdom to comply with the Home Secretary’s policy on the exercise of discretion to grant citizenship to minors.
The British Home Office will carry out enquiries in all cases to ensure that the requirements are met. Where the character requirement applies, they will make checks with relevant government agencies with whom they share information with about applicants.
For most citizenship applications, the Home Secretary must be satisfied that the applicant is of good character. The policy on the application of the goodcharacter requirement is contained in the nationality staff instructions. While the policy is not an inflexible rule, the Home Secretary would not normally grant citizenship, where there is a good character requirement, if the applicant has an unspent conviction. In assessing the seriousness of criminal convictions, the Home Office is bound by the decision of the court. Any mitigation will already have been considered by the Court as part of sentencing.
Applications are checked to ensure that the applicants’ circumstances match the requirements for registration. Since there is no discretion to disregard the requirements, applications are refused if the requirements are not satisfied.
The Home Office will also carry out checks to ensure that the supporting evidence has not been forged or fraudulently obtained. Where false documents have been produced, the application will be refused, and the matter will be referred for possible prosecution. If documents cannot be verified or the applicants cannot prove their entitlement, then the application will be refused. There must be no doubt that a proper legal entitlement exists.
Where the entitlement depends on the applicant holding no other nationality, or that he/she is not a dual citizen, there must be convincing evidence that another nationality is not held.
I hope this helps.