PGWP expiring soon with no CEC draw
- Thread starter abjiskumar
- Start date
Hi everyone just for information, as you all know my work permit was expiring in Jan 2022 and I had not received a CEC invitation nor was I eligible for PNP at that point of time. So I applied for an extension of my PGWP without an AOR and got 4 months of automatic extension. In those four months I switched by job to a province based employer and post my notice period requested them to support my application for PNP. I put in my PNP application in April and go it approved by May. Till this time i was yet to receive a decision on the PGWP extension. Post PNP nomination I was invited to apply for PR after the PNP draw and I put in my application within a week and got the AOR, with which I applied for a BOWP officially as one of the rules of BOWP allows me to apply for it while being on implied status. This was in May mid and last week I received an approval for my open work permit for 2 years. So the risk I took worked out well in the end. 
Great, congrats! really happy for youHi everyone just for information, as you all know my work permit was expiring in Jan 2022 and I had not received a CEC invitation nor was I eligible for PNP at that point of time. So I applied for an extension of my PGWP without an AOR and got 4 months of automatic extension. In those four months I switched by job to a province based employer and post my notice period requested them to support my application for PNP. I put in my PNP application in April and go it approved by May. Till this time i was yet to receive a decision on the PGWP extension. Post PNP nomination I was invited to apply for PR after the PNP draw and I put in my application within a week and got the AOR, with which I applied for a BOWP officially as one of the rules of BOWP allows me to apply for it while being on implied status. This was in May mid and last week I received an approval for my open work permit for 2 years. So the risk I took worked out well in the end.
May I know which province you moved to?
but how to apply for a wp extension on the portal? You must answer “yes” to the question “do you have a pr application under progress?”Hi everyone just for information, as you all know my work permit was expiring in Jan 2022 and I had not received a CEC invitation nor was I eligible for PNP at that point of time. So I applied for an extension of my PGWP without an AOR and got 4 months of automatic extension. In those four months I switched by job to a province based employer and post my notice period requested them to support my application for PNP. I put in my PNP application in April and go it approved by May. Till this time i was yet to receive a decision on the PGWP extension. Post PNP nomination I was invited to apply for PR after the PNP draw and I put in my application within a week and got the AOR, with which I applied for a BOWP officially as one of the rules of BOWP allows me to apply for it while being on implied status. This was in May mid and last week I received an approval for my open work permit for 2 years. So the risk I took worked out well in the end.
Well I did not show i
But what actually worked is not just this application, its also my second application which was actually a BOWP application with AOR and everything. My understanding is when they pick any application to process, at that time, they do check if you are eligible not just by the documents you submit but also through your subsequent applications. It is considered as a whole because the 2nd application cannot be processed unless the 1st is processed.
Also note that to be eligible for BOWP, one can be on implied status. Now implied or maintained status is law under IRCC that no matter what your reason is , you can continue to work till the decision is made. I had made it pretty clear in the explanation letter how I am contributing to the economy here, my tax returns and how my employer wants me to continue working. I know everyone here falls under the same category but sometimes it is important to explain it clearly.
I did not show it as a PR application in progress but I put it as a part of the public policy which is a very grey area. I also added a letter explaining my situation mentioning my CEC qualification, no CEC draws happening, pay stubs from my employer and a recommendation from letter. All this in the client information section.
But what actually worked is not just this application, its also my second application which was actually a BOWP application with AOR and everything. My understanding is when they pick any application to process, at that time, they do check if you are eligible not just by the documents you submit but also through your subsequent applications. It is considered as a whole because the 2nd application cannot be processed unless the 1st is processed.
Also note that to be eligible for BOWP, one can be on implied status. Now implied or maintained status is law under IRCC that no matter what your reason is , you can continue to work till the decision is made. I had made it pretty clear in the explanation letter how I am contributing to the economy here, my tax returns and how my employer wants me to continue working. I know everyone here falls under the same category but sometimes it is important to explain it clearly.
General eligibility
To be eligible for a BOWP, foreign nationals must
To be eligible for a BOWP, foreign nationals must
- be currently in Canada after being authorized to enter as a temporary resident under section 22 of the Immigration and Refugee Protection Act (IRPA)
- at the time of submission, meet one of the following criteria
- have valid temporary resident status and authorization to work as the holder of a valid work permit
- have maintained status and authorization to work under paragraph 186(u) of the Immigration and Refugee Protection Regulations (IRPR) as a result of submitting an application to renew their work permit under subsection R201(1)
- be eligible to restore their temporary resident status with authorization to work on a work permit
This means you must be eligible to restore to a work permit. Meaning you must have a job offer with an employer and an approved LMIA with that employer (or be eligible for an LMIA-exempt closed work permit). So this works for those scenarios. But these are obviously very specific scenarios.
***Just to add, this rule doesn't help PGWP holders.
I initially thought that too but what about a work permit category like C10 - Significant Benefit? That's a LMIA-exempt closed WP category that has very little actual requirements. I'm not sure but I think that's the "grey area" that OP @abjiskumar meant in post #23 above.
You need to prove you fall under C10. Read through this in detail:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canadian-interests-significant-benefit-general-guidelines-r205-c10.html
I understand that in order to be approved for a WP under the C10 category you need to prove that you fall under the category but one can easily make a thinly veiled argument that they contribute to the economy, there is a labour shortage, etc. The application will surely be refused but that's not the point. The point is that they are eligible to apply for it given the loose and general requirements. The benefit here is two fold:
1. if C10 application is made prior to WP expiry they will be on implied status and can continue to work and the application carried a lower chance of being "returned as incomplete" give the the general requirements. This avoids the risk of someone applying for a BOWP when they don't have an AOR, and it being returned as incomplete, thus they lose their status and likely outside of the restoration window.
2. The altered requirements from Nov 2021 with regard to BOWP state "be eligible to restore their temporary resident status with authorization to work on a work permit". The applicant (or anyone) is technically eligible to submit a restoration of status as a worker application under the C10 category (even though likelihood of approval low), so wouldn't that mean that anyone with a WP that has expired within 90 days, is eligible to restore their status as a worker and is therefore eligible for a BOWP under the new public policy?
1. I'm not sure I follow this. Will need to re-read later.
2. No, I don't agree with this. If IRCC receives the application and agrees you fall under C10, then you are good. If not, they will say you were never eligible under the new public policy.
Just to further highlight what I said above for #2... IRCC's own words:
Important: This authority should not be used for the sake of convenience, nor in any other manner that would undermine or try to circumvent the importance of the LMIA in the work permit process. Rather it is intended to address situations where the significant social, cultural or economic benefits to Canada of issuing the work permit are so clear and compelling that the importance of the LMIA process can be overcome. The impact on Canada’s labour market should be neutral or positive with the issuance of the work permit.