BOWP confusion - two questions

[YorkWin]

Hello, helping my partner with all of the paperwork for PR. We are currently waiting for an invitation to apply and in the mean time we are looking at BOWP as this was the route suggested once an ITA was received.

I am wading through the info and I am confused about the requirements for obtaining a BOWP.
One of the requirements to be met is - satisfy an officer that you will leave Canada at the end of your employment.

Partner is applying for Permanent Residence so, no she is not leaving at the end of her employment. Is this the right work permit to apply for?

This is what she asked - I THINK I apply for an Open Work Permit and that counts as my BOWP. Do I need to apply for a further thing to make it a bridge?

Thank you!

 

[jes_ON]

Hello, helping my partner with all of the paperwork for PR. We are currently waiting for an invitation to apply and in the mean time we are looking at BOWP as this was the route suggested once an ITA was received.

RE "We?" - be aware that only the Principal Applicant is eligible for the BOWP. The spouse MAY be eligible for an open work permit, and generally will be if the PA is applying under the CEC program.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/public-policy-competitiveness-economy.html

I am wading through the info and I am confused about the requirements for obtaining a BOWP.
One of the requirements to be met is - satisfy an officer that you will leave Canada at the end of your employment.

Partner is applying for Permanent Residence so, no she is not leaving at the end of her employment. Is this the right work permit to apply for?

The BOWP is a temporary work permit, and therefore the applicant must meet the requirements for temporary work. Do not confuse it with your PR application; they are separate permits. The wording is not great, but all it means is that you agree that you will leave Canada if you are no longer authorized to remain.

This is what she asked - I THINK I apply for an Open Work Permit and that counts as my BOWP. Do I need to apply for a further thing to make it a bridge?

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

 

[YorkWin]

Oh, thank you, a miscommunication on my part

I didn't mean WE as two applicants, only that I am helping her sort through all the paperwork. I am Canadian and only my partner is applying for residency and she is the one applying for an open work permit.

 

[YorkWin]

New to the forum and I didn't open up the whole answer...

Thank you for the clear answers!

 

[fireal.jon]

Hello, helping my partner with all of the paperwork for PR. We are currently waiting for an invitation to apply and in the mean time we are looking at BOWP as this was the route suggested once an ITA was received.

Thank you!

Just to clarify... you can only apply for the BOWP once you have submitted a PR application. You can't apply having only just received an ITA. When you submit and pay for the PR application you will receive an AOR (Application of Receipt) letter via your MyCIC account and that is required to apply for a BOWP.

 

[YorkWin]

Just to clarify... you can only apply for the BOWP once you have submitted a PR application. You can't apply having only just received an ITA. When you submit and pay for the PR application you will receive an AOR (Application of Receipt) letter via your MyCIC account and that is required to apply for a BOWP.

Thank you for the clarification, it is really helpful.

 

[YorkWin]

Just to clarify... you can only apply for the BOWP once you have submitted a PR application. You can't apply having only just received an ITA. When you submit and pay for the PR application you will receive an AOR (Application of Receipt) letter via your MyCIC account and that is required to apply for a BOWP.

one more question...if I apply for BOWP with my AOR, do I have to wait for my R-10 completeness check to be passed before I will have implied status under BOWP?

 

[fireal.jon]

one more question...if I apply for BOWP with my AOR, do I have to wait for my R-10 completeness check to be passed before I will have implied status under BOWP?

No. You will be on implied status as soon as you have submitted your BOWP application. If your PR application fails the R10 completeness check and is rejected before the BOWP is processed, then the BOWP app will be denied as well. The one exception to implied status is an IEC visa. If you are currently working under IEC then you won't be eligible for implied status as those visas state that they can't be extended.

 

[YorkWin]

No. You will be on implied status as soon as you have submitted your BOWP application. If your PR application fails the R10 completeness check and is rejected before the BOWP is processed, then the BOWP app will be denied as well. The one exception to implied status is an IEC visa. If you are currently working under IEC then you won't be eligible for implied status as those visas state that they can't be extended.

Oh wow thank you. Do you have a source for the IEC not being allowed implied status?
That is what I have...so I might need to leave in ten days O_O

 

[jes_ON]

Oh wow thank you. Do you have a source for the IEC not being allowed implied status?
That is what I have...so I might need to leave in ten days O_O

Here is info on IEC permits not being extendible-
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/international-experience/canadian-interests-reciprocal-employment-increasing-validity-period-work-permits-under-international-experience-canada.html

You wouldn't have to leave... you would have implied status to stay as a visitor, but you would not be authorized to continue working. Note that if you leave the country while on implied status, you lose the implied status.

IRCC used to have specific language about this on their website, but it disappeared a couple of months ago. I would not take that as a change of policy.

 

[YorkWin]

Here is info on IEC permits not being extendible-
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/international-experience/canadian-interests-reciprocal-employment-increasing-validity-period-work-permits-under-international-experience-canada.html

You wouldn't have to leave... you would have implied status to stay as a visitor, but you would not be authorized to continue working. Note that if you leave the country while on implied status, you lose the implied status.

IRCC used to have specific language about this on their website, but it disappeared a couple of months ago. I would not take that as a change of policy.

Thank you so much - I am glad to hear I will have implied visitor status - I would not like to overstay my permit <3

My manager will try to employ me again if BOWP is approved