Q. I entered Canada as a live in caregiver in 2014 and was sponsored by an elderly couple. When I arrived, the employer told me that he could not afford to pay my wages and there was basically no work available.
I did not know what to do and approached an agency in Ontario who apparently knows about these things. The agency told me to pay my taxes anyway and to request the employer to give me a T4 for my work.
It was explained to me that (a) I must work for the employer that brought me to Canada and (b) the employer is responsible for ensuring that I work because they sponsored me.
I was given a T4 for six months of work and paid the taxes for those “wages”. In reality, I never got paid any money and never really worked for that employer.
In 2016, I then applied for permanent residence and this same agency assured me that the T4 and “work” of six months would be counted. However, Canada Immigration is now requesting more proof that I worked for the first employer when I do not have any proof. I am also afraid that I will be refused because without those 6 months of “work” I do not have 24 months of work to qualify.
A. Wow. What a mess. As I have processed many PR cases in the last two decades, I can tell you that your fact situation was quite a common occurrence about ten years ago. To be honest, I have not heard of this scam for a while now thinking that people were perhaps smarter nowadays. Your recent letter proves to me that there are still people who are doing this kind of trickery and/or advising people to do it which is outright dangerous. It is dangerous because you are submitting a fake and fraudulent document to Canada Immigration which is material to the application. If immigration finds out the truth then you are facing a 5 year ban from Canada – not to mention a refusal of your permanent residence application. It is also quite confusing why you would need to use the fake T4 in the first place? You have stated that you arrived in 2014 and therefore you have until 2018 to accumulate your work of 24 months. There was no reason to rush the application and try to use the 6 months of work that you never did.
Let me break down the truth:
– you are NOT obligated to work for the employer that sponsored you. Yes, things can change from the time you entered Canada until you start working. And yes, the work permit application and LMIA must all be legitimate. However, if circumstances change and the employer “releases you upon arrival” then that does not mean that you need to resort to obtaining a fake T4. Further, how could you and why pay tax to the government for free?
– the employer is NOT obligated to hire you. If for example, the employer is not happy with your performance or is not suitable to their children, the employer can release the worker.
– The agency is absolutely wrong and has given the incorrect advice.
In summary, it seems Canada Immigration is suspicious of the initial six months of work and will likely not give you credit. It will be up to them to decide if your application will only be refused and/or adding a misrepresentation allegation against you. Best to obtain professional advice when you receive such a decision.
Q. I’m a nurse in Vancouver and I am applying for permanent residence. I was asked to obtain an NBI Philippines police clearance for my husband who is now in Qatar. The clearance clearly says “ NO CRIMINAL RECORD”. I sent the original to Canada Immigration but they keep on asking me for more court documents and other papers. My husband has never been arrested and we have no idea why they are asking for it. Why is “NO CRIMINAL RECORD” , a criminal problem?
A. It’s not necessarily a criminal problem but a terminology problem. For some reason the Philippines NBI bureau uses words like “NO CRIMINAL RECORD” even if there is a problem. Most people think that “ NO CRIMINAL RECORD” would mean everything is ok but it is NOT so when it comes to NBI clearances. It is relevant to Canada because it could mean that there was some sort of act or offence that can still make you/spouse criminally inadmissible. The “best” notation you should see on the NBI is “ No Record on File” or “No Derogatory Record”.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by email email@example.com or call 416 733 3193