Jamaica Gleaner

Can I continue to work after my permit expires?

- Deidre S. Powell Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada Bar. Her office is located in Ottawa, Ontario. Email: info@ deidrepowe­ll.com. Sign up on her website to find out if you are eligi

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.

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