thelythes

Weve been in Alberta for just over a year on an international Experience Canada visa. My husband has a job offer, letter of employment and just received a positive LMO few weeks back (phew). Our paper work has been submitted to CIC direct to obtain the TWP via an Immigration Consultant whom we've paid, so currently we are here on implied status. He warned us that by driving to the border there was still every chance that our TWP could be refused by one of the officers for whatever reason, say they weren't satisfied we would leave at the end of the 2 years or didn't feel qualifications were relevant (which they are) anyhow that's why its been sent direct to CIC and so we're in limbo awaiting their decision which weve been told will almost certainly be approved... Does anyone have a similar experience of this or any advice? Many thanks as Im so nervous.....

christmasoompa

Your husbands not on an IEC is he? There's no implied status on one, so if he is (rather than a normal TWP) he'll need to stop working between them.

Sounds like your immigration officer has rather taken the mickey telling you your TWP could be refused if you drove to the border, there's no more chance of that than if you apply via post! Presumably he just wanted some money for filling in a 2 page form for you when you could have easily got it yourself at POE.

Novocastrian

Uh oh. Read post #33 on this thread http://britishexpats.com/forum/showt...7#post10906887

It seems the Consultant has f***ed up royally and the OP's husband is working illegally.

thelythes

Im ringing our consultant right now to see what on earths going on???.......

Former Lancastrian

Stories like this don't help me if I decide to become a consultant when I eventually retire

thelythes

What should we do?? My husband will not work that's not an issue... but should we be driving to the border??? Im so concerned right now as we have acted all on advice given to us that we have paid for..

Former Lancastrian

If you have the positive LMO and copy of job contract/offer then you can drive to the border and get your work permit and pay the $150 fee for the TWP.
I suggest the consultant needs to brush up on IMPLIED STATUS and issuance of IEC work permits which CANNOT be extended or grant IMPLIED STATUS.

thelythes

Oh no this is just awful... we are only acting on his advice. What will happen at the border now though as our IEC visa expired in August????? do we apply to change to a visitor visa or do we have to fly back to the UK and re enter Canada????

christmasoompa

They also don't help the good ones either. Having worked for one of the good guys for several years, it makes me really cross to read that there are even consultants that will charge for filling in a 2 page form - if anybody had come to us for a TWP application we'd have told them that they didn't need to hire us for something so simple and not taken their money!

FL will tell you if you can go to the border once you've applied via a visa office (he's a CBSA officer, so it's him and his colleagues that issue TWP's at borders/POE's!). If you can, then I'd just do that. Despite what your consultant told you, there's no more risk doing that than applying via a visa office and it's incredibly simple.

Unfortunately, it would appear that your husband has been working illegally. If you read up on implied status, it is quite specific to people who are applying to *extend* their work permit. As an IEC isn't extendable, it's doesn't apply to those I'm afraid.

Hope you get it sorted, good luck.

thelythes

Im so upset.... Im waiting for a reply from FL, as Im worried now that we shouldn't even be here let alone working........ we've done everything by the book and paid a consultant, whom also filed for the LMO for the employer.. we just didn't want to mess up and thought we were doing the right thing....

Former Lancastrian

Rather than confuse things if the TWP application has been submitted and the fee paid then just remain in Canada and dont flag pole and wait for CIC to send the TWP but DONT work. Legally you are without status but there are mitigating circumstances so I wouldnt worry about it.

thelythes

Thank you so very much for your advice...... In your experience then we should be ok for the TWP to be approved, considering the positive LMO was issued and he has over 15 yrs experience as a Carpenter Supervisor and MD of his own company for 4 of those years...(not sure if youre allowed to answer that)?..

Former Lancastrian

You should be fine with the TWP being issued.

Siouxie

If you intend to apply for PR, your husband could apply for Federal Skilled Worker (Trades) for PR as his job is on 'the list' - http://www.cic.gc.ca/english/immigra.../apply-who.asp

Depending on which Province you are in, he could also apply for Provincial Nomination through his employer - you can read more here: http://www.cic.gc.ca/english/immigra.../apply-who.asp

With either stream, once you have initial approval from CIC for your application, your husband could apply for a bridging open work permit if his current WP (when he gets it) has 4 months left and your PR application hasn't been finalised.

You don't need an Immigration Consultant to do either application.

thelythes

what a horrendous morning, Ive gone from thinking everythings fine other than just waiting to are we going to have to leave??.... Ive also read that the Visa Issuing dept at CIC are on strike too? so this could take even longer to be resolved...