Had AOR attached to BOWP application, but still got refused mentioning I need LMIA, Is it mistake on the officer part?

[Andrews Mahimairaj]

Hi all,

I was laid off in the month of Sep 2023. My work permit expired on Jan 22,2024. Luckily, I received my ITA in 26 Oct 2023 in healthcare targeted draw and paid and completed my PR application and received AOR on 12th Dec,2023. I immediately applied for my BOWP next day and submitted all required documents including my AOR. I got a refusal on my BOWP application yesterday (Feb 15 2024) stating that I needed LMIA from my employer. I strongly believe they have got the whole case wrong, Please let me know what can I do rectify this situation.

Thanks.

 

[Naturgrl]

Hi all,

I was laid off in the month of Sep 2023. My work permit expired on Jan 22,2024. Luckily, I received my ITA in 26 Oct 2023 in healthcare targeted draw and paid and completed my PR application and received AOR on 12th Dec,2023. I immediately applied for my BOWP next day and submitted all required documents including my AOR. I got a refusal on my BOWP application yesterday (Feb 15 2024) stating that I needed LMIA from my employer. I strongly believe they have got the whole case wrong, Please let me know what can I do rectify this situation.

Thanks.

What type of permit did you have? Was this a EE draw? You can raise a case specific reconsideration request through webform. Unfortunately, you are out of status without a work permit so you must stop working. Change your status to visitor or worker.

 

[Andrews Mahimairaj]

I had Open work permit. Yes it was an express entry draw. Currently I'm unemployed. While filling out the BOWP form I checked the "Apply work permit with the same employer" option when I didn't have a job. Did that lead to any confusion?

 

[Naturgrl]

I had Open work permit. Yes it was an express entry draw. Currently I'm unemployed. While filling out the BOWP form I checked the "Apply work permit with the same employer" option when I didn't have a job. Did that lead to any confusion?

Yes. You may have applied incorrectly. You said you had a job with a specific employer and you wanted to apply for an open work permit.

 

[Andrews Mahimairaj]

I see. I did consult an immigration lawyer for reconsideration. They mentioned 2 options- reconsideration and reapplication. But with expired status can I reapply for BOWP again?

 

[Naturgrl]

I see. I did consult an immigration lawyer for reconsideration. They mentioned 2 options- reconsideration and reapplication. But with expired status can I reapply for BOWP again?

You have no status right now so must maintain status as a visitor since work permit is expired. Not sure best option since you did answer a question wrong. You need approval within 90 days so you can restore status as worker to be eligible for BOWP.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[Andrews Mahimairaj]

I see. Thanks for your advice.