Messy Temp resident situation

[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?!

 

[scylla]

IECs don't benefit from implied status. Once your IECs expired - you should have stopped working. Any work completed after the expiry date on your IECs was not legal.

Note that if you had held a different type of work permit that did benefit from implied status - you would have had to have applied for a new WORK PERMIT (not temporary resident visa) before the expired of your old work permit to benefit from implied status and keep working.

Long story short - you can only count the work experience up to the expiry date of your IECs. That's the only work that was legal.