Consequences of Unauthorized Work in Canada

Case Study: Consequences of Unauthorized Work in Canada – A Missed Opportunity for Resolution

At Arnika Visa, we strive to assist clients in navigating the complexities of Canada’s immigration system. However, there are cases where certain actions lead to outcomes beyond our ability to resolve. This story involves an Australian citizen who, due to unauthorized work in Canada while on visitor status, faced significant immigration consequences and had to leave Canada.

Background of the Case

Our client, an Australian citizen, met a Canadian woman in July 2023 and began dating her during his visits to Canada. After returning to Australia, they maintained their relationship through video chats and online communication.

On March 2, 2024, he returned to Canada to live with his partner, hoping to establish eligibility for a common-law partnership by March 2025. He remained on visitor status during his stay and was authorized for six months.

As his authorized stay approached the six-month limit, the client decided to leave Canada for the United States and return to restore his visitor status. This plan was meant to prolong his eligibility to remain in Canada while he worked towards common-law partnership status.

The Incident at the Canada-US Border

On his return to Canada from the United States, the client was questioned by a CBSA officer who had doubts about his intentions. The officer asked whether he had worked while in Canada, to which the client initially denied.

However, during a search of his vehicle, the officer discovered evidence of industrial drafting work, indicating that the client had performed unauthorized work in Canada. Upon being confronted with this evidence, the client admitted to unauthorized work in Canada.

As a result, the CBSA officer:

Seized the client’s passport.

Issued a removal order, requiring the client to leave Canada within a month via Vancouver airport.

The Missed Opportunity for Resolution

Unfortunately, in this case, there was little that could be done to prevent the client’s removal, as:

Unauthorized Work In Canada: Working without authorization while on visitor status violated Canadian immigration laws.

Admitting to Non-Compliance: The client’s admission to unauthorized work in Canada confirmed the CBSA’s findings.

The outcome might have been different had the client remained in Canada and applied for an extension of his visitor status. Under Public Policy 25, which allows for non-compliance in cases where spouses or partners are reuniting, his situation may have been viewed more favorably. However, the client inadvertently triggered greater scrutiny at the border by leaving Canada and attempting to restore his status.

Future Prospects

While the client complied with the removal order, he expressed a strong desire to return to Canada soon. To do so, he must carefully address the issues arising from his prior removal and unauthorized work in Canada, which could complicate future entries.

Conclusion: Lessons Learned

This case highlights the risks of working in Canada without proper authorization and the importance of seeking professional advice before taking actions like leaving and re-entering the country. While Public Policy 25 provides opportunities for partners to reunite, it is crucial to approach such situations through authorized channels to avoid complications.

At Arnika Visa, we are committed to helping clients navigate even the most complex immigration challenges. If you or someone you know is facing similar issues, consult us before making critical decisions that could impact your ability to remain in or return to Canada.