Applying for BOWP with Implied Status

[netsirk325]

Hi all,

I came with a 1 year working holiday visa, which expired January 15, 2014. I have been working since March 2013, and in March 2014, I will have been working one full year, and I will be able to apply for PR through CEC.

Before my working holiday visa expired, I applied on paper to extend it. I applied on paper on January 14, 2014, so it should take 60 days to process. Therefore, for the next 60 days, I will be in implied status, and will be able to continue working. I already know that they will not approve to my work permit extension application because working holiday visas are not allowed to be extended. However, I will say in implied status until March 2014 and will apply for PR through CEC at that time.

I hope that wasn't too confusing! But here is my question:
After applying for CEC, I will need to apply for a Bridge Open Work Permit. After I submit my CEC application and receive my AOR, will I be eligible? Or will I be ineligible because my work permit is expired and I am in implied status?

Thanks!

 

[PMM]

Hi

Hi all,

I came with a 1 year working holiday visa, which expired January 15, 2014. I have been working since March 2013, and in March 2014, I will have been working one full year, and I will be able to apply for PR through CEC.

Before my working holiday visa expired, I applied on paper to extend it. I applied on paper on January 14, 2014, so it should take 60 days to process. Therefore, for the next 60 days, I will be in implied status, and will be able to continue working. I already know that they will not approve to my work permit extension application because working holiday visas are not allowed to be extended. However, I will say in implied status until March 2014 and will apply for PR through CEC at that time.

I hope that wasn't too confusing! But here is my question:
After applying for CEC, I will need to apply for a Bridge Open Work Permit. After I submit my CEC application and receive my AOR, will I be eligible? Or will I be ineligible because my work permit is expired and I am in implied status?

Thanks!

1. No you don't have implied status, the IEC is not extendable. You may wish to read the following.

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

You are out of status, you are working with out permission, and you can't apply for BOWP unless you have valid status.

 

[wessless]

Hey you won't be eligible for BOWP. Because of your expired work permit and also..AOR will take a while to receive. Goodluck, your situation seems risky, just saying.

 

[netsirk325]

Oh man, thanks you guys. I should have joined this board sooner.

An immigration lawyer actually ADVISED me to go this route. The IEC program that I am doing sent me to her, and she's aware of my whole situation. She told me that if I applied to extend I would be in implied status.

Now I have to figure out my next steps... Any advice? I'm (obviously) new to all this.

 

[LPS]

There seems to be differences in opinion out there about whether any application for a work permit extension (even one made without legitimate grounds) creates implied status. But surely the aforementioned reply from CIC puts this question to rest.

At any rate, one can't apply for a BOWP during implied status anyway, and neither can it be obtained by restoration - see OB485A.

 

[LCM21]

Oh man, thanks you guys. I should have joined this board sooner.

An immigration lawyer actually ADVISED me to go this route. The IEC program that I am doing sent me to her, and she's aware of my whole situation. She told me that if I applied to extend I would be in implied status.

Now I have to figure out my next steps... Any advice? I'm (obviously) new to all this.

It sounds like you need to find another way to obtain a permit. As mentioned before, you can't get a BOWP. You can look into getting your company to apply for a LMO (Labour Market Opinion), but it's hard to obtain if you don't have a specialized job or skills. Some countries offer two permit options under IEC, that could be an option too.

Otherwise it looks like you'll have to leave the country, or at least stop working since it's not certain that implied status applies to your situation. I hope some of the other members have some brilliant ideas to help you :-(

 

[scylla]

Now I have to figure out my next steps... Any advice? I'm (obviously) new to all this.

Well the first thing you need to do is stop working since you're working illegally. Note that the illegal work (anything after Jan 15th) cannot be counted as experience towards qualifying for CEC.

Since you are now out of status, you will need to apply to restore status and at the same time apply to change your status to visitor.

If you're approved, you can then remain in Canada as a visitor (but not work of course). If you want to work again, your current employer will need to obtain an approved LMO so that you can apply for a work permit - or you'll need to find another employer willing to go through the LMO process.

You should also ditch the lawyer who has no idea what she's doing.

 

[laloona]

I have a somewhat similar question.

I applied for BOWP and it was refused, but they gave me no reason. I got a letter saying my temporary status expires TODAY (the day they made the decision, however my actual WP expired on Aug 10).

My question is this: if I apply for another BOWP today, am I still within the timeframe? Or will it simply be refused because I'm only on implied status because of my prior BOWP application?

I have 90 days to apply for restoration of status, but I won't be able to get a BOWP and will have to get a TRV. Plus, I'd like to save the extra $200...

Any advice or help you can give me would be super useful!

 

[PMM]

Hi

I have a somewhat similar question.

I applied for BOWP and it was refused, but they gave me no reason. I got a letter saying my temporary status expires TODAY (the day they made the decision, however my actual WP expired on Aug 10).

My question is this: if I apply for another BOWP today, am I still within the timeframe? Or will it simply be refused because I'm only on implied status because of my prior BOWP application?

I have 90 days to apply for restoration of status, but I won't be able to get a BOWP and will have to get a TRV. Plus, I'd like to save the extra $200...

Any advice or help you can give me would be super useful!

1. You are not eligible for a BOWP as your status has expired.
2. With no study permit nor work permit, you are not eligible to apply for a TRV in Canada.
3. You can try to restore your status as a visitor, but I wouldn't hold my breath that it will be granted.

 

[netsirk325]

All, just following up on this thread. My work permit was extended 2 more years, somehow, and I wasn't working illegally. So much inconsistency in this immigration stuff.

 

[jes_ON]

All, just following up on this thread. My work permit was extended 2 more years, somehow, and I wasn't working illegally. So much inconsistency in this immigration stuff.

It is not usually productive to "follow up" on a thread that is more than 3 years old. But if you desire to understand what you call "inconsistency", if you tell us what kind of work permits your first and new permits are, we will be able to explain why this thread does not apply to you.

 

[canuck_in_uk]

It is not usually productive to "follow up" on a thread that is more than 3 years old. But if you desire to understand what you call "inconsistency", if you tell us what kind of work permits your first and new permits are, we will be able to explain why this thread does not apply to you.

The poster you are responding to is the OP.

 

[jes_ON]

The poster you are responding to is the OP.

Thanks for pointing that out... does change things a bit : ) But still, the new post only added to confusion... I am sure the OP did not get a 2yr BOWP after the previous work permit expired...

 

[fireal.jon]

Thanks for pointing that out... does change things a bit : ) But still, the new post only added to confusion... I am sure the OP did not get a 2yr BOWP after the previous work permit expired...

Agree, the information provided so far doesn't seem to make sense.

 

[monkeyspanner]

Agree, the information provided so far doesn't seem to make sense.

See other posts. OP is legacy refugee who is also asking on another thread about situation after renewing passport in country of origin. Don't think the full history is given here.