"Continuous employment" letter - asking employer not to list gaps
December 10, 2018 6:21 AM   Subscribe

I've been with my current US-based employer for a year, but with two gaps - one was for 2 weeks and one was for 4 weeks. How do I ask them to write a "proof of work experience" letter and not mention the gaps, without telling them it's for Canadian permanent residency?

For my Canadian permanent residency application, I need a proof of work experience letter. It needs to show that I have been continuously employed for at least 1 year.

I have been functionally continually employed with my current US-based employer for a year, but officially I've had 2 gaps. They stem from US student visa requirements (I was an international student).

1) I interned for my company last summer. Once school started, to continue working with them, I had to wait 2 weeks to get school authorization (CPT). I remained in my company's system, and when I returned I was promoted to part-time.

2) I graduated this past spring. I had to wait 4 weeks to get authorization to work after graduation (OPT). I similarly stayed in my company's system, and just (unofficially) worked from home instead. When I returned I was promoted to full-time.

Now I want to ask my employer for a "proof of work experience" letter, but to satisfy the requirements, I need to show that I have been working with my employer continuously. I don't think it would be wise to include the gaps in the letter, I would rather not allow any reason for an immigration officer to deny my application.

I want to ask my employer to write up this letter soon, but I don't want them to know that I'm applying for Canada PR. They're a small organization so they don't know anything about immigration, they think of me as someone who'll stay for years (especially since I'm involved in long-term projects), instead of someone who will (best case scenario) be in a different country in 6 months.

At first I was thinking of asking them by saying that an employment letter is just the latest nonsense bureaucratic document needed by the US government to let me stay in the US. But I don't know how to tell them to write the dates worked for each position so that there's no gap in-between. If I told them that this was for the US government, they would get suspicious, since the US government is why I needed to have the gaps in the first place.

So what do I say to HR?

I can't wait until I've amassed an "official" year of continuous employment, because in 6 months my visa expires and I have to leave the US.

Thank you!
posted by anonymous to Law & Government (9 answers total) 2 users marked this as a favorite
 
If you never left their system, they genuinely may not know to write anything else. You could always say "proof of work experience, ie stating I've worked continuously for you from xxx date to today."

I once needed a proof of employment from a company I worked for over a series of summers, and they stated I'd been continually employed for over five years, which actually caused me a lot of extra hassle.
posted by Tomorrowful at 6:31 AM on December 10, 2018 [1 favorite]


These types of letters are sometimes necessary for housing -- either rental applications or (more commonly) mortgage applications. So if you need a cover story, you are looking for an employment letter for a housing search.
posted by jacquilynne at 6:35 AM on December 10, 2018 [6 favorites]


Just out of curiousity, what happens if in a few years the government finds out you lied? Having this rise out of the grave at an inconvenient time might be unfortunate. Is there some way to deal with this without lying, even if it’s less convenient? Note that I’m not making some moral argument, just thinking of future complications. Good luck.
posted by Gilgamesh's Chauffeur at 7:32 AM on December 10, 2018 [6 favorites]


As one who has established legal residence in another country I don't think a double feint (one to immigration re: continuous employment and the other not wanting level with your boss) is a prudent idea. Play it straight with immigration and ask you boss for a letter reflecting continuous employment with two brief leaves for a total of six weeks. Immigration knows the routines for students visas etc--would they not know there would be expected gaps. Is there any other recourse for you--slightly misleading immigration and your boss seems a somewhat slippery course to start life and work
in a new country
posted by rmhsinc at 8:07 AM on December 10, 2018 [7 favorites]


Given what the U.S. is doing now, I think this is a bad idea. Do you want your citizenship to be permanently haunted by the threat of revocation for "fraud?"

Ask them for a letter documenting your period of employment. See what it looks like. If their own records say continuous, and they may well, that's great. But you don't want a letter in your company's file saying that you want them to misrepresent anything.
posted by praemunire at 9:27 AM on December 10, 2018 [2 favorites]


1) I interned for my company last summer. Once school started, to continue working with them, I had to wait 2 weeks to get school authorization (CPT). I remained in my company's system, and when I returned I was promoted to part-time.

2) I graduated this past spring. I had to wait 4 weeks to get authorization to work after graduation (OPT). I similarly stayed in my company's system, and just (unofficially) worked from home instead. When I returned I was promoted to full-time.


If you stayed in the company's system in both cases, I don't really see how these qualify as "gaps." Perhaps I'm missing something, but from what you say, they're more like taking sick days or a vacation, and therefore not something that would be mentioned applying for another job, or a different kind of visa. In fact, from the sound of it, it sounds like you're overthinking it, but, you know, I've never applied for a Canadian visa, so perhaps I'm wrong.

In terms of what to request from HR, I would simply ask for a letter documenting my employment for my visa. I don't think which visa — American or Canadian — matters, especially since they've had to work with you with visa issues in years past.
posted by Violet Blue at 10:07 AM on December 10, 2018 [1 favorite]


I have no advice on wether you shoulddo this, although I’d lean towards Violet Blue’s interpretation that you were actually continually employed. Anyway, my suggestion is actually write the letter for them, phrasing it how you’d prefer, and just have the correct person sign off on it. Or email a version for them to put on company letterhead, or whatever.
posted by catatethebird at 10:43 AM on December 10, 2018 [1 favorite]


The proper way to do this would seem to be to consult with someone at the company and determine whether you were, in fact and in their eyes, continually an employee. E.g. were you active in their HR system the entire time, and did the fact that you intended to return mean they thought of you as 'employed' continuously? If someone who worked for me asked for an employment letter, I wouldn't think to mention leave during which their employment was not formally terminated. Even if it was leave-without-pay, someone on leave is still employed.

But practically, I'd ask HR for the letter and see what comes back. Maybe even sketch out the text of what you want. "Hey I need an employment verification letter, stating that I've been an employee here since X/XX/XXXX". That's not a totally unusual request, as others stated mortgage applications sometimes ask for it.

Also, are you working with an immigration lawyer already? If you are, this would seem to be a legitimate question to ask them.

IMO, there's a fine line between misrepresentation and just not shooting yourself in the foot when engaging with bureaucracy. I'd make sure you're on the bright side of it, but I wouldn't overcompensate and make a hassle for yourself that's not necessary.
posted by Kadin2048 at 11:00 AM on December 10, 2018 [4 favorites]


As someone who's written a hand full of letters for the same thing for a few countries (but not for Canada), and in an very different academic context, if someone handed me a reasonable suggested letter, I'd copy it to letterhead and return it with very little question. I also can't imagine that "continually employed" is a phrase anyone would ever think to use if not explicitly told to do so by a government agency.

But, I'm also having a hard time imagining a situation in which the letter would make sense without context. Who's it addressed to? Why do you need it? Why are they giving it to you instead of sending it directly to the agency? Telling your supervisor that you're thinking of leaving seems like the honest and reasonable approach. Leaving because you want to live in another country is a pretty bulletproof excuse that most managers would understand. "I love this job, and if I continue to live in the US I'd love to continue working here. But, I have personal reasons to move. If this works out, I want to help make the transition as smooth as possible for you. Would you be willing to sign this sample letter," seems like the professional way to handle this.
posted by eotvos at 12:27 PM on December 10, 2018 [1 favorite]


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