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Apply for BOWP after IEC (Young Professional) visa expires or submit BOWP without AOR?

O

Oswin-Pond

Full Member
Mar 28, 2020
39
4
I currently live in Montreal, QC. I have paid and submitted my Permanent Residence application on December 19. However It can take up to 3 months to get the AOR. Sadly by then, there's a chance my current IEC - Young Professional visa will have expired (March 01). I will have to cease working on March 01 since I cannot apply for BOWP without the AOR, even if I have paid and submitted my PR application.

So I have two questions / choices

1. Apply for BOWP on February 28, with a letter explaining my situation : that I will add the AOR through the webform as soon as I receive it (it should be just a few days after I start my BOWP application). No deceiving just tell them the truth. This would give me maintained status and I won't have to stop working at all. I've seen people here saying it works but it's from years ago.

2. Apply for visitor visa, cease work, wait until AOR arrives then start the BOWP application. The question is can I even do that ? By the time I submit my BOWP, my IEC will have expired a few days ago, not sure if it works and I'm seeing conflicted info online.

Thanks for reading, I hope I was clear.
 
F

frasts

Star Member
Aug 23, 2017
69
5
Hi, I am in the same situation as you but with an even tighter timeline (thanks to the Canada Post strike), and I have the same doubt.
I think we are sort of trapped in a limbo, where if the work permit expires before receiving AOR we are not eligible to apply for the BOWP, even with CSQ, because we do not have a valid work permit (in my case, with no job offer to show as it was a fixed term contract, cannot extend it, and I am not really sure about staying with no status and going down the restoration route seems sketchy).
I was thinking about applying for visitor status, but since a couple of months we won't be able to apply for a work permit from within Canada, so then we either have to wait months unemployed and uninsured as visitors for the RP (since we miss the chance for BWOP) or leave Canada temporarily when we have a job offer and apply from outside, which I really don't want to do.
Any suggestions appreciated!

Edit: in my case I already have the CSQ through PEQ but I'm on a closed work permit for another month with no renewal possibility so I think our situation is the same regarding our status.
 
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A

andresvc21

Full Member
Oct 30, 2024
30
2
I'll be in the same situation and I'm having a meeting with my lawyer tomorrow about it. I'll ask and bring as many responses as possible but again is case by case so not sure if helps.

My case is: I just got my CSQ and I'm filling my PR application. My open work permit expries on Apr 25 so it will be really tight to get my AOR and apply for a BOWP.

Thanks,
 
F

frasts

Star Member
Aug 23, 2017
69
5
Thanks a lot, I think we are in the same situation but you have a bit more time so hopefully if you submit the PR soon the AOR may come in time for the BWOP. Will check back to hear what your lawyers said, good luck!
 
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andresvc21

Full Member
Oct 30, 2024
30
2
frasts said:
@andresvc21 How was the meeting with your lawyer?
Click to expand...
Hey, sorry for the delay. Here are some key points from my conversation with the lawyer regarding my situation:

My Situation:
I have a CSQ under the PEQ (Skilled Worker) program. My post-graduate open work permit expires at the end of April, and I recently applied for permanent residency (PR). However, the AOR (Acknowledgment of Receipt) might not arrive before my work permit expires, which creates two possible scenarios:

  1. Happy Path:
    • The current processing time for AORs is about two months, so it might arrive before the end of April.
    • If it does, I’ll use the AOR to apply for a Bridging Open Work Permit (BOWP). Once the BOWP application is submitted, I’ll be under implied status, allowing me to continue working under the same conditions as my post-graduate work permit without any issues.
  2. If the AOR Doesn’t Arrive on Time:
    • If the AOR hasn’t arrived 2–3 days before my work permit expires, I’ll still submit a BOWP application with a letter explaining the delay and stating that I’ll provide the AOR as soon as it arrives.
    • The assumption here is that the AOR will arrive shortly after submitting this first application. Once it does, I’ll submit the AOR through a web form to complete the application.
    • At the same time, I’ll submit a second BOWP application (this one complete with the AOR) to ensure I can restore my status in case the first application is refused. This could happen if the processing officer doesn’t see the web form or reviews the application before I submit the missing document.
    • Although this isn’t the ideal scenario (due to additional fees and paperwork), it should provide coverage.
Important Notes:
  • In both scenarios, since I’ll be under implied status, I won’t be able to leave Canada until I receive the new work permit.
I hope this helps clarify things. Let me know if you need any more details!
 
F

frasts

Star Member
Aug 23, 2017
69
5
Thanks for the reply!
Question about scenario 2:
  • What happens if your BOWP gets refused (e.g. they open it before your AOR arrives and can be attached, or they don't accept lack of AOR), and what is your status then? Do you ever need to apply for visitor status in the meantime or you just assume you are under implied worker status the whole time? To me is not clear when one falls under implied status and when you instead lose your legal status and need to restore it. As I understand it's not generally advised to remain with no valid status as it could harm your PR application.
 
A

andresvc21

Full Member
Oct 30, 2024
30
2
I think in this case you need to stop working and apply to restore your status (90 days) but again not sure. Let me ask this question and come back to you
 
A

andresvc21

Full Member
Oct 30, 2024
30
2
HEy @frasts so I asked the quesiton to my lawyer and this is the scensario: if the first BOWP is dennied the agent will give you 90 days to restore the status, at this point you'll need to stop working but you'll be still have a legal status in canada because those 90 days. In that time of you'll certainly get the AOR and you will be able to restore the status and apply for BOWP. If for any reason you change to visitor status you'll lost the opportunty to apply for BOWP
 
F

frasts

Star Member
Aug 23, 2017
69
5
Thanks @andresvc21 , it's very kind of you to ask for my situation. What they told you makes sense, I just need to check that in my situation I meet the requirements to restore to a worker status (as I so far have no job offer and my contract will end in mid February, that's why it's tricky).
Anyways, I ended up contacting a new immigration lawyer that was recommended to me, I will let you know also what they say.
Let me know how your situation evolves!
 
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