kryt0n

Basic facts

My spouse and I were on IEC visas. Towards the end of the visa my boss applied for LMIA and I applied for Temp Resident Status with my partner as a spouse.

After 2 months we got a letter addressed to me but stating "This letter refers to you AND spouse...temp resident status expired today".

So we stopped working then and waited. The LMIA was ultimately denied and we left beliving we were on implied status till we were told otherwise.

My visa on MYCIC was listed as refused but boyfs (on my CIC) has sat at open since October. As we got the letter referencing both of them we assumed it would sit like that forever.

Skip 7 months later and today they sent my boyf a refusal letter stating he didn't prove his spouse was in NOC A, O or B (I was at the time) and that his temp resident status expired in Oct not Dec (the time we assumed we were on implied).

It looks like the first officer said we were both ok until Dec... now a new one is tying up loose ends and closing my partners.

The kicker is though that the letter says he can apply for restoration in 90days of his temp resident expiring... but that was 7 months ago. Effectively they removed that option for him.

Do we have any grounds to argue to clear my boyfriends name here? 2 conflicting pieces of information.

We want to apply for EE but cannot claim he was working legally in Canada now for those last 2 months. We don't want to lie.

What the hell?!

Do we have any grounds to argue this last letter? It seems it got disconnected from mine after mine was refused. They found his floating around without any supporting docs (all attached to mine) and refused it all retroactively.

We're gutted. We didn't even need those 2 months to qualify for CEC.

We acted on what we had at the time. We thought we were acting correctly and now it has thrown it all out. If we had known this would happen we would have left long before. It's killing us, really. I'm in tears now, someone help

christmasoompa

I'm sorry that you're in this situation, but please don't bump your thread repeatedly. If you want an instant answer, then an immigration lawyer is the way to go rather than a forum full of volunteers.

Did you not switch to visitor status when your IEC's ended? There's no implied status with IEC's as per the sticky thread, and if you didn't have any valid status in Canada plus your bf worked illegally, then I think you need to get a consultation with a lawyer asap.

Good luck.

kryt0n

Thank you for the response. At the time of applying we thought we had implied. Currently it states on CIC that you cannot extend an IEC visa but you can apply for a new visa with LMIA.

Then elsewhere it says if you are waiting on an LMIA you can apply for a work permit within 2 weeks of your current one expiring.

THEN it says if you are waiting on the response you can keep working.

Even my IEC work visa on the back says if you want to apply for another visa you should do so before this one expires.

I know I think we are screwed here and we will get a lawyer. The whole IEC and implied status thing - it doesn't state anywhere now that IEC doesnt benefit from implied status. I cannot find that anywhere on the CIC website.

christmasoompa

See the sticky thread above, and we even have a Wiki article on the subject, lots of relevant info there taken from the CIC op manuals about the IEC and implied status that should clarify it for you - http://britishexpats.com/wiki/Implie...rk_Permit_ends

I think that unfortunately you need a lawyer, this is beyond the scope of an internet forum. Best of luck to you.

kryt0n

Thank you for your help anyway. Maybe our Canadian dream is over before it even really started. We were just going over for a season, turned into 2 years with a messy 2 months at the end of it that we didn't even need. We stayed out of guilt that my employer had spent $1000 to keep me working.

Oh well. Will lawyer up and come back and let you know what he says. Doesn't matter though, whatever a lawyer (or another officer) says, another will say it was against the rules.

kryt0n

Follow up - We called CIC and they can see that my boyf should at least have been issued a letter and his case closed in Dec. She does not know why it has taken this long with a conflicting date to my application and so will write to them requesting a reissue/update of his application stating his temp residence expired alongside mine in Dec.

The whole IEC/implied status will come out in the wash I am sure. One battle at a time.