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URGENT HELP PLEASE: IMPLIED STATUS ISSUE

phresh

Star Member
Aug 12, 2012
153
23
Toronto
Visa Office......
CPC OTTAWA
NOC Code......
2282
App. Filed.......
22/07/2014
Doc's Request.
none
AOR Received.
9/10/2014
IELTS Request
sent with application
File Transfer...
Yes
Med's Request
29/04/2015
Med's Done....
5/05/2015
Interview........
none
Passport Req..
7/07/2015
VISA ISSUED...
23/07/2015
LANDED..........
8/12/2015
I need help, I made a huge mistake. I sent an application for Spousal sponsorship but I cancelled my application to apply for the CEC Outside Canada instead. I was misinformed that applying to change my status from a Post graduate work permit and applying for permanent residency will give me implied status without applying to renew my work permit or applying for a vistors visa. I know now that this was a huge mistake and this lawyer misled me. because of this...I overstayed for about 6 months thinking I was under implied Status. do you think this has screwed my chances for a CEC application even if I write an explanation letter?? :( :(
 

phresh

Star Member
Aug 12, 2012
153
23
Toronto
Visa Office......
CPC OTTAWA
NOC Code......
2282
App. Filed.......
22/07/2014
Doc's Request.
none
AOR Received.
9/10/2014
IELTS Request
sent with application
File Transfer...
Yes
Med's Request
29/04/2015
Med's Done....
5/05/2015
Interview........
none
Passport Req..
7/07/2015
VISA ISSUED...
23/07/2015
LANDED..........
8/12/2015

Hope1957

Hero Member
Feb 26, 2014
474
16
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-06-2014
LANDED..........
21-03-15
Firstly, I hope you have left Canada or have restored your temporary resident status in Canada. I am not sure how this is going to affect your PR application (perhaps others can throw some light on this).
Secondly, some of my friends tell me that when someone leaves Canada the exit date is not recorded (apparently it is the same in USA as well). If this is true then there should be no record of your overstay in this country and hence CIC will probably not know that you have overstayed your "welcome".
Again I am not entirely sure about the above. However, I do suggest that you get your status fixed ASAP or leave ASAP. When you leave if they don't record your exit date, I think you will be fine. If they do ... well, we shall cross that bridge when we get there.
Good luck!
 

Yagerr

Star Member
Aug 8, 2013
77
1
Category........
Visa Office......
CPC-ottawa
NOC Code......
2242
Job Offer........
Pre-Assessed..
App. Filed.......
Mar. 20 2014
AOR Received.
April 9 2014
Med's Request
Oct. 4th 2014
Med's Done....
Oct. 9th 2014
Passport Req..
Nov. 10th 2014
Hope1957 said:
Firstly, I hope you have left Canada or have restored your temporary resident status in Canada. I am not sure how this is going to affect your PR application (perhaps others can throw some light on this).
Secondly, some of my friends tell me that when someone leaves Canada the exit date is not recorded (apparently it is the same in USA as well). If this is true then there should be no record of your overstay in this country and hence CIC will probably not know that you have overstayed your "welcome".
Again I am not entirely sure about the above. However, I do suggest that you get your status fixed ASAP or leave ASAP. When you leave if they don't record your exit date, I think you will be fine. If they do ... well, we shall cross that bridge when we get there.
Good luck!
Agree that, but if you were working in those 6 months and your employer paid income tax for you, then there is nothing you can hide. I will suggest you leave the country and apply a work permit from outside canada, and hopefully get co-operation from your employer stating that the work you performed are done remotely. If you are working in software field or a remote control technician, this would make sense that you were staying outside the country and working remotely for the employer, anyway, you should restore your status as soon as possible, not by doing this inside canada though, otherwise you are stating you were illegally working.

Good luck.
 

phresh

Star Member
Aug 12, 2012
153
23
Toronto
Visa Office......
CPC OTTAWA
NOC Code......
2282
App. Filed.......
22/07/2014
Doc's Request.
none
AOR Received.
9/10/2014
IELTS Request
sent with application
File Transfer...
Yes
Med's Request
29/04/2015
Med's Done....
5/05/2015
Interview........
none
Passport Req..
7/07/2015
VISA ISSUED...
23/07/2015
LANDED..........
8/12/2015
Hope1957 said:
Firstly, I hope you have left Canada or have restored your temporary resident status in Canada. I am not sure how this is going to affect your PR application (perhaps others can throw some light on this).
Secondly, some of my friends tell me that when someone leaves Canada the exit date is not recorded (apparently it is the same in USA as well). If this is true then there should be no record of your overstay in this country and hence CIC will probably not know that you have overstayed your "welcome".
Again I am not entirely sure about the above. However, I do suggest that you get your status fixed ASAP or leave ASAP. When you leave if they don't record your exit date, I think you will be fine. If they do ... well, we shall cross that bridge when we get there.
Good luck!
Let me start by thanking you for your response....I never worked after my permit expired. I was just waiting for a decision to be made on my spousal application...I will give an explanation letter on this thought just to be safe
 

phresh

Star Member
Aug 12, 2012
153
23
Toronto
Visa Office......
CPC OTTAWA
NOC Code......
2282
App. Filed.......
22/07/2014
Doc's Request.
none
AOR Received.
9/10/2014
IELTS Request
sent with application
File Transfer...
Yes
Med's Request
29/04/2015
Med's Done....
5/05/2015
Interview........
none
Passport Req..
7/07/2015
VISA ISSUED...
23/07/2015
LANDED..........
8/12/2015
Yagerr said:
Agree that, but if you were working in those 6 months and your employer paid income tax for you, then there is nothing you can hide. I will suggest you leave the country and apply a work permit from outside canada, and hopefully get co-operation from your employer stating that the work you performed are done remotely. If you are working in software field or a remote control technician, this would make sense that you were staying outside the country and working remotely for the employer, anyway, you should restore your status as soon as possible, not by doing this inside canada though, otherwise you are stating you were illegally working.

Good luck.
I already left Canada and I did not work during this 6 months at all.
 

TheAwesomeMatt

Star Member
Jun 26, 2013
189
9
Victoria, BC
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
07-02-2013
AOR Received.
08-21-2013
Med's Request
02-18-2014
Med's Done....
03-07-2014
VISA ISSUED...
03-21-2014
LANDED..........
04-06-2014
I personally wouldn't lie about overstaying beyond your work permit, if you're found out it could be construed as misrepresentation and it'd get your application thrown out & you'll be barred from the country for 2 years.

It might be best to research an actual good immigration lawyer/consultant in this case, I imagine overstaying for 6 months would be pretty serious and you'd need to satisfy the VO that you respect the laws of Canada.
 

Hope1957

Hero Member
Feb 26, 2014
474
16
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-06-2014
LANDED..........
21-03-15
Agreed.

TheAwesomeMatt said:
I personally wouldn't lie about overstaying beyond your work permit, if you're found out it could be construed as misrepresentation and it'd get your application thrown out & you'll be barred from the country for 2 years.

It might be best to research an actual good immigration lawyer/consultant in this case, I imagine overstaying for 6 months would be pretty serious and you'd need to satisfy the VO that you respect the laws of Canada.
 

phresh

Star Member
Aug 12, 2012
153
23
Toronto
Visa Office......
CPC OTTAWA
NOC Code......
2282
App. Filed.......
22/07/2014
Doc's Request.
none
AOR Received.
9/10/2014
IELTS Request
sent with application
File Transfer...
Yes
Med's Request
29/04/2015
Med's Done....
5/05/2015
Interview........
none
Passport Req..
7/07/2015
VISA ISSUED...
23/07/2015
LANDED..........
8/12/2015
I have consulted one and He are suggested the Explanation Letter and my chances are 50/50 with this application. This is really stressful to say the least! :(