Visitor Holder To Bridging Open Work Permit - Please Advice

[Gifty21]

Hi, I am on Visitor Record for the last 6 months. Work permit expired on December 31 2023. Applied for 18 months extension under the Public Policy but got work permit application refused. I have dual intent LMIA and claimed 50 points under CEC. No LMIA based work permit application submitted.

My question is: I recently, got invitation & can I apply for Bridging open work permit. If no, will I have to wait under I get my PR? What do you suggest?

 

[Naturgrl]

Hi, I am on Visitor Record for the last 6 months. Work permit expired on December 31 2023. Applied for 18 months extension under the Public Policy but got work permit application refused. I have dual intent LMIA and claimed 50 points under CEC. No LMIA based work permit application submitted.

My question is: I recently, got invitation & can I apply for Bridging open work permit. If no, will I have to wait under I get my PR? What do you suggest?

No you are not eligible for BOWP because you cannot restore your status to worker (WP expired more than 90 days ago). So you wait for PR

 

[Gifty21]

Even if I have job offer from employer?

 

[Naturgrl]

Even if I have job offer from employer?

You cannot restore status to worker. A job letter means nothing unless your employer paid $1k when filing for your LMIA. With LMIA you can apply for a closed work permit but you cannot apply from within Canada as per rule changes last week.

What is your status in Canada now?

 

[Gifty21]

I am on Visitor Record. I have submitted LMIA Based Work permit application on April, but it got refused on August 15th saying they have not receive the valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. I got Invitation under CEC and agent recommending to apply for BOWP. I have Preapproved LMIA

 

[Naturgrl]

I am on Visitor Record. I have submitted LMIA Based Work permit application on April, but it got refused on August 15th saying they have not receive the valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. I got Invitation under CEC and agent recommending to apply for BOWP. I have Preapproved LMIA

You are not eligible for a BOWP as you are not eligible for an open work permit. So your employer paid the $1k for the LMIA and it is not a PR supported LMIA? If employer paid for it then you can apply for a closed work permit.

 

[Gifty21]

You are not eligible for a BOWP as you are not eligible for an open work permit. So your employer paid the $1k for the LMIA and it is not a PR supported LMIA? If employer paid for it then you can apply for a closed work permit.

Yes, My employer paid $1k and it is not PR supporting.

 

[Naturgrl]

Yes, My employer paid $1k and it is not PR supporting.

Apply for closed work permit. Because of new rules, don’t think you can apply from within Canada. But wasn’t past closed work permit application with same LMIA refused?

 

[Gifty21]

As per the new rules, I cannot apply for work permit within Canada. The only option is Flagpole then.

This is what was mentioned in my refusal:

You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.

We also wish to advise you that your temporary resident status has been maintained until a decision is made on the visitor record application for extension you have submitted.

 

[Gifty21]

To be eligible for a BOWP, you need to either have a work permit, maintained status as a worker, or be eligible to restore your status as a worker.

As far as I understand, I am eligible to restore my status as a worker as I have positive LMIA, what do you think?

 

[Naturgrl]

To be eligible for a BOWP, you need to either have a work permit, maintained status as a worker, or be eligible to restore your status as a worker.

As far as I understand, I am eligible to restore my status as a worker as I have positive LMIA, what do you think?

Your work permit expired December 2023. You cannot restore status to worker. You are a visitor.

Who can apply for a BOWP
To be eligible, you must

• live in Canada (and intend to live outside Quebec) at the time you apply for your BOWP
  • You can leave Canada while we process your application.
  • However, if you leave Canada after your work permit expires, you can’t work until your new application is approved.
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit
• be the principal applicant on your permanent residence application

Who can apply
You can apply to restore your status if you

• apply within 90 days of losing your status
• met the requirements for your stay (for example, you didn’t work illegally)
• met all the conditions listed on your expired permit before it expired

 

[Gifty21]

Your work permit expired December 2023. You cannot restore status to worker. You are a visitor.

Who can apply for a BOWP
To be eligible, you must

• live in Canada (and intend to live outside Quebec) at the time you apply for your BOWP
  • You can leave Canada while we process your application.
  • However, if you leave Canada after your work permit expires, you can’t work until your new application is approved.
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit
• be the principal applicant on your permanent residence application

Who can apply
You can apply to restore your status if you

• apply within 90 days of losing your status
• met the requirements for your stay (for example, you didn’t work illegally)
• met all the conditions listed on your expired permit before it expired

Thank you so much for the information.