Restoration and common-law

[icedblack11]

I came to Canada under the Working Holiday Visa in May 2018, and I applied LMIA in January of this year. I also applied for a work permit extension in May (before my working holiday visa expired).

I stayed in Canada under “Implied Status” from May to Aug. However, my work permit got rejected last month because my LMIA application was still in progress...

I now need to restore my status within 90 days.

Currently, I live with my boyfriend and I plan on applying for the Common-law partner sponsorship visa.


MY QUESTION IS...

Should I restore my status as a visitor first, and then I apply for the Common-law Partner Sponsorship?

Or

Can I apply for the Common-law Partner Sponsorship with my current status?



I am extremely confused and stressed out...
Please let me know what I can do..

 

[canuck78]

LMIA is applied for by the employer not you. You also didn't qualify for a work permir extension as an IEC candidate. Could be calculating wrong but it has been over 90 days since your IEC expired in May so you can't restore tour status. Hopefully you have stopped working since you should not have worked after May.

Did your employer appply for a LMIA?

 

[icedblack11]

Yes, my employer and I are still waiting for the LMIA interview.
When my visa got rejected, I have stopped work right away.

After my IEC expired I was waiting for the Work permit so I was under implied status until Aug when my visa rejected.

 

[canuck78]

Yes, my employer and I are still waiting for the LMIA interview.
When my visa got rejected, I have stopped work right away.

After my IEC expired I was waiting for the Work permit so I was under implied status until Aug when my visa rejected.

You weren’t actually under implied status because you didn’t qualify for a work permit extension as an IEC worker.

 

[icedblack11]

I got a wp refusal letter from IRCC and they mentioned that my temporary resident expired on Aug, and they gave me an information about restoration in letter as well.

So I was under implied status until Aug.

And also my question was

‘Should I restore my status as visitor to apply Common-law partner sponsorship?’

 

[canuck78]

I got a wp refusal letter from IRCC and they mentioned that my temporary resident expired on Aug, and they gave me an information about restoration in letter as well.

So I was under implied status until Aug.

And also my question was

‘Should I restore my status as visitor to apply Common-law partner sponsorship?’

@scylla could you please confirm.


It is too late to restore your status.

 

[scylla]

@scylla could you please confirm.


It is too late to restore your status.

CIC finally put rules around this in writing earlier this year. Implied status does in fact apply. OP qualifies for restoration.

 

[icedblack11]

CIC finally put rules around this in writing earlier this year. Implied status does in fact apply. OP qualifies for restoration.

Thank you for your replying.

When I apply for restoration as a visitor, should I mention in my application that I am going to apply for the Common-law partner sponsorship visa so I need my legal status, or should I mention that I will stay Canada to travel?

I heard that to get a visitor visa, need to mention that I will be back to my country.

Which one is better for my status?

 

[scylla]

Thank you for your replying.

When I apply for restoration as a visitor, should I mention in my application that I am going to apply for the Common-law partner sponsorship visa so I need my legal status, or should I mention that I will stay Canada to travel?

I heard that to get a visitor visa, need to mention that I will be back to my country.

Which one is better for my status?

I haven't gone through this process myself and am not the best person to be asking. Recommend you post to the Family Sponsorship section of the forum rather than here. This isn't really a question about visiting - but rather about family class sponsorship.

 

[canuck78]

CIC finally put rules around this in writing earlier this year. Implied status does in fact apply. OP qualifies for restoration.

How did the OP have implied status? They applied for a work permit extension after IEC. Not to mention that the employer hasn’t even been approved for LMIA yet. They haven’t applied for common law yet.

 

[canuck_in_uk]

How did the OP have implied status? They applied for a work permit extension after IEC. Not to mention that the employer hasn’t even been approved for LMIA yet. They haven’t applied for common law yet.

They had Implied Status because IRCC refused the app instead of rejecting it as incomplete.

 

[scylla]

They had Implied Status because IRCC refused the app instead of rejecting it as incomplete.

Agreed. This is clear from the refusal letter.

 

[canuck78]

They had Implied Status because IRCC refused the app instead of rejecting it as incomplete.

Genuinely confused because aren’t IEC applicants not qualified to apply for a work permit extension in a situation like this?

 

[canuck_in_uk]

Genuinely confused because aren’t IEC applicants not qualified to apply for a work permit extension in a situation like this?

The person didn't qualify for a work permit extension but applied anyways. The app should have been rejected as incomplete, thereby granting no Implied Status, but the VO decided to refuse, meaning Implied Status was granted up to the date of refusal.