I have beem working on my own expired sin updated!

Hello, I am wondering if anybody can help me with the huge problem that I am going through. Just 2 weeks before I acquired PR confirmation(underCanadian Experience Class Immigration Program) and I was obviously very happy.I even got promoted a week after so I went to Service Canada office to get my new SIN so that I get this information to my HR and they can update my payroll.As I was promoted so I did not want to take any chance. The officer there told me that my SIN expired 2 years ago and I was working illegally from the past two years. I explained her that I had my work permit renewed every year and I was working on the same SIN that I received the first time. She was very upset with me and noted the information of my employer. I am really very afraid what my employer will do.   My only concern is that if my employer will be in trouble will they be taking any action against me?Should I speak to my HR before Service Canada approaches them? I have been filing my taxes on time using same expired SIN of mine.Nobody contacted me.Even my pay stub comes under same SIN. My employer was a great help during this immigration process and I really hope best for them.Please advice what steps should I be taking to avoid its consequences. Any help would be greatly appreciated. Thanks

Asked over 3 years ago in Brampton, Ontario
Categories: Immigration

Answer Now

Answer by Tim Bailey

British Columbia lawyer

Hi Roz:

I'm sorry to read what happened to you. Based upon what you've written, I can comment as follows:

Your legal immigration status in Canada is not governed by your SIN (Social Insurance Number) being valid. In fact, you don't even need a SIN to have legal status in Canada. Many people visit Canada and study in Canada without ever acquiring a SIN.

You only require a SIN as a worker in Canada because your SIN is what the government uses to track and record your contribution to things like the Canada Pension Plan or Income Tax. You should definitely have a SIN if you are working, but it is only used to track these kinds of things. Your right to work as a foreign worker in Canada is not connected to your SIN number.

It may be that your SIN was a temporary number that you were also supposed to renew when you renewed your work permit. If this is the case, then maybe the employer hasn't been sending deductions to the Canada Revenue Agency using the correct number, and this might mean that the records will need to be fixed.

You cannot control what your employer does. If your employer was doing something against the rules, it is not your responsibility. If you were supposed to renew your SIN number, and did not, then all you are responsible for is that mistake. I am unaware of any immigration consequences that flow from using the wrong SIN number.

From what you have written, I am not entirely sure whether you have PR status yet. If you do, then you do not need work permits anymore to work in Canada. If you do not have PR status yet, your status as a worker is governed by whether your present work permit is still valid (and I am assuming it is, since you stated that you have had them renewed before they expire).

If you receive a notice that your immigration status is in jeopardy, I would recommend that you call an immigration lawyer in your area and ask for some advice.

Posted over 3 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Tim Bailey, or search the Lawyer Directory.

Comment

Thanks for the response...My only concern is that if my employer will be in trouble will they be taking any action against me?Should I speak to my HR before Service Canada approaches them? I have been filing my taxes on time using same expired SIN of mine.Nobody contacted me.Even my pay stub comes under same SIN. I am a PR now and I am expecting my PR card in next 3-4 weeks. My employer was a great help during this immigration process and I really hope best for them.

Posted over 3 years ago

Answer by Agbayani Bulosan

British Columbia lawyer

Hi Roz,

You can have a better understanding of the legal consequences upon you and your employer of working with an expired SIN if you could just go back a little bit.

First, how did you come to Canada? Did you come as a visitor, or as a worker?

If you came as a worker, did you come under the live-in caregiver program, or under the skilled worker program?

Second, when did you come to Canada? Normally, if you came to Canada as a worker either under the live-in caregiver program or the skilled worker program, Citizenship and immigration Canada will issue you a document called a work permit. It is specified in such document, among others, the name of your employer, the duration of the validity of your work permit.

And, then, after arriving in Canada for a few days, you will go to Service Canada to obtain your SIN number. Considering that you are (I suppose a temporary foreign worker), Service Canada will issue you a SIN that starts with the number "9". This means that your SIN has expiration specified in the SIN card, and you must renew the SIN before it expires. The expiration actually of your SIN is the same as the expiration of the work permit that was issued to you.

You are not actually allowed to work with somebody else other than the one specified in your work permit.

On the other hand, working with an expired SIN is not illegal per se (that is, in the first instance). There are actually situations wherein a foreign worker is allowed to work with an expired SIN. For example, if you have filed a renewal of your work permit or applied for a permanent resident application and your work permit expires before a decision is made by the Citizenship and Immigration Canada, section 186(u) of the Immigration and Refugee Protection Regulation>section 186(u) of the Immigration and Refugee Protection Regulation provides you the right to continue working under the same conditions, pending a determination of your application for renewal, as long as they remain in Canada. This is referred as "IMPLIED STATUS". You will have "implied status" until a decision is rendered by CIC.

In this case, a SIN card bearing a new expiry date will only be issued once CIC has rendered a decision. In the meantime, where "implied status" is confirmed, your expired SIN may continue to be used.

In your case, you said, your SIN seems to have expired two years ago. This implies that Citizenship and Immigration Canada at least took them two years to decide on your Permanent Residency application. But, of course, this may not what actually happened in your case.

Before we go on any further, when did you file your Permanent Residency application?

I would say that you really need to consult an immigration lawyer, and tell to that lawyer your WHOLE story. The information that you had provided in this forum are I think insufficient for you to have the legal information that you need.

RE: CONSEQUENCES ON THE EMPLOYER

Your employer actually has the statutory responsibility that before he/she hires you, your employer should have first check your work permit, if it is still valid. and then cross check the validity of your SIN card. And, if your SIN card has expired, your employer should have told you to renew your SIN card before working with her/him.

Lastly, may I just please ask, what made you decide to go today (Saturday, January 30, 2010) to Service Canada and have your new SIN?

If you feel uncomfortable sharing your whole story in this forum, I strongly suggest that you should consult an immigration lawyer as soon as possible before anything wrong happens to your immigration status.

Posted over 3 years ago

Answer by Tim Bailey

British Columbia lawyer

To add to Bayani's detailed response, I can add that if you were using an expired SIN number, there may be consequences for your employer, but I can't imagine that they will be disastrous, or even serious. After all -- even if the SIN was expired, you were submitting taxes, and presumably your employer was as well.

You might find that speaking with your employer's HR department will help. I would also recommend perhaps contacting Service Canada again and trying to speak with another person than you did originally, or perhaps a supervisor. You may find that where one person was angry and unhelpful, another is more understanding and helpful. This is often my experience when I deal with the Service Canada bureaucracy.

I wish you the best of luck, and my sense (based upon what you've written) is that this will resolve itself without serious consequences. If something serious does arise, as Bayani has mentioned as well, I would recommend that you contact an immigration lawyer in your area without delay.

Posted over 3 years ago

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