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BOWP refusal

Runish

Member
Apr 27, 2019
11
0
Hello,

I applied for PR through express entry in CEC class on 11th July, 2018. It still says that it’s in process. I forgot that my work permit was gonna expire in October and I realized it at the last day of my work permit. I applied for BOWP on the last day and paid all the necessary fees however due to technical issues the fees was reversed in my account after 2 days. I once again paid the fees. In January 2019, I got refused for BOWP with the reason that I had not applied for PR under any stream but I have already applied for it. I once again applied for BOWP but now as my OWP had expired, I paid fees for restoration of my status as well. I got an refusal again yesterday saying that I don’t meet the requirements for BOWP as I have not applied for PR but I did upload my acknowledgment letter that I received from CIC after submitting my PR application. Now I don’t know what should I do as I did upload all the documents correctly and paid all the associated fees. Also, it’s been almost 10 months since I submitted my documents for my PR under CEC category.

Any suggestions or solution to this will be very helpful.

Thanks
 

mau123

Hero Member
Nov 16, 2018
453
115
Hello,

I applied for PR through express entry in CEC class on 11th July, 2018. It still says that it’s in process. I forgot that my work permit was gonna expire in October and I realized it at the last day of my work permit. I applied for BOWP on the last day and paid all the necessary fees however due to technical issues the fees was reversed in my account after 2 days. I once again paid the fees. In January 2019, I got refused for BOWP with the reason that I had not applied for PR under any stream but I have already applied for it. I once again applied for BOWP but now as my OWP had expired, I paid fees for restoration of my status as well. I got an refusal again yesterday saying that I don’t meet the requirements for BOWP as I have not applied for PR but I did upload my acknowledgment letter that I received from CIC after submitting my PR application. Now I don’t know what should I do as I did upload all the documents correctly and paid all the associated fees. Also, it’s been almost 10 months since I submitted my documents for my PR under CEC category.

Any suggestions or solution to this will be very helpful.

Thanks
Maybe you no longer qualify for BOWP? As you have to apply for it BEFORE your current work permit expires... Doesn't make sense that they said to you "You never applied for PR" when you said you had attached an AOR letter... I don't think they are that stupid not to run your applications details through the system. Sorry... Just doesn't make sense.
 
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Runish

Member
Apr 27, 2019
11
0
Maybe you no longer qualify for BOWP? As you have to apply for it BEFORE your current work permit expires... Doesn't make sense that they said to you "You never applied for PR" when you said you had attached an AOR letter... I don't think they are that stupid not to run your applications details through the system. Sorry... Just doesn't make sense.
I know it sounds stupid but that is what has happened. I did attach the letter, an explanation letter, gave my application no from the AOR so I don’t know what else should I provide to prove that I have applied for PR.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I applied for PR through express entry in CEC class on 11th July, 2018. It still says that it’s in process. I forgot that my work permit was gonna expire in October and I realized it at the last day of my work permit. I applied for BOWP on the last day and paid all the necessary fees however due to technical issues the fees was reversed in my account after 2 days. I once again paid the fees. In January 2019, I got refused for BOWP with the reason that I had not applied for PR under any stream but I have already applied for it. I once again applied for BOWP but now as my OWP had expired, I paid fees for restoration of my status as well. I got an refusal again yesterday saying that I don’t meet the requirements for BOWP as I have not applied for PR but I did upload my acknowledgment letter that I received from CIC after submitting my PR application. Now I don’t know what should I do as I did upload all the documents correctly and paid all the associated fees. Also, it’s been almost 10 months since I submitted my documents for my PR under CEC category.

Any suggestions or solution to this will be very helpful.

Thanks
It sounds like your first application for the BOWP was probably incomplete due to the fee issue. After your first application was refused, it was too late to apply for a BOWP again since you no longer held a valid work permit (you must be holding a valid work permit at the time you apply for a BOWP).

You don't qualify for a BOWP at this point unfortunately. I'm assuming you stopped working back in January (if not, you need to stop working immediately). Based on the dates you've provided, it's probably too late to restore your status at this point since it's been more than 90 days since the January refusal which is what put you in Canada out of status.

Best option would be to return to your home country and wait out the processing of your CEC application there.
 
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mau123

Hero Member
Nov 16, 2018
453
115
It sounds like your first application for the BOWP was probably incomplete due to the fee issue. After your first application was refused, it was too late to apply for a BOWP again since you no longer held a valid work permit (you must be holding a valid work permit at the time you apply for a BOWP).

You don't qualify for a BOWP at this point unfortunately. I'm assuming you stopped working back in January (if not, you need to stop working immediately). Based on the dates you've provided, it's probably too late to restore your status at this point since it's been more than 90 days since the January refusal which is what put you in Canada out of status.

Best option would be to return to your home country and wait out the processing of your CEC application there.
Agree with this comment.
 

mau123

Hero Member
Nov 16, 2018
453
115
Does anybody think that going to my local
MP would be helpful in this case??
I don't think that the MP will have any power to change immigration's decision. I think they can only inquire on behalf of you if your PR application is being stuck or still being processed after 6 month normal processing.
 

Runish

Member
Apr 27, 2019
11
0
I don't think that the MP will have any power to change immigration's decision. I think they can only inquire on behalf of you if your PR application is being stuck or still being processed after 6 month normal processing.
It’s not about changing the decision but the first time when the fees got reversed that was an technical issue, which lead to my rejection. Do u think that the MP can get that case reassessed or anything??
 

mau123

Hero Member
Nov 16, 2018
453
115
It’s not about changing the decision but the first time when the fees got reversed that was an technical issue, which lead to my rejection. Do u think that the MP can get that case reassessed or anything??
I have no idea. But, it might be good to try and see if they can help. In the worst case scenario they will say no and that's it.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It’s not about changing the decision but the first time when the fees got reversed that was an technical issue, which lead to my rejection. Do u think that the MP can get that case reassessed or anything??
Highly unlikely. You might have had a chance back in January when you were first refused. That was the time to ask for reconsideration. But at this point it's almost certainly too late to ask for any sort of change to the decision.

When did you receive the refused in January? What date? You may still have a day or two left to apply for restoration. That should honestly be your focus at this point since this is probably your last chance to fix your status in Canada.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hello,

I applied for PR through express entry in CEC class on 11th July, 2018. It still says that it’s in process. I forgot that my work permit was gonna expire in October and I realized it at the last day of my work permit. I applied for BOWP on the last day and paid all the necessary fees however due to technical issues the fees was reversed in my account after 2 days. I once again paid the fees. In January 2019, I got refused for BOWP with the reason that I had not applied for PR under any stream but I have already applied for it.
Did you include your AOR with this first BOWP application? The reason for refusal sounds like you did not include the AOR (or are not understanding the form letter correctly_.

I once again applied for BOWP but now as my OWP had expired, I paid fees for restoration of my status as well.
If you have to "restore" status you are not eligible for a BOWP.

I got an refusal again yesterday saying that I don’t meet the requirements for BOWP as I have not applied for PR but I did upload my acknowledgment letter that I received from CIC after submitting my PR application. Now I don’t know what should I do as I did upload all the documents correctly and paid all the associated fees. Also, it’s been almost 10 months since I submitted my documents for my PR under CEC category.

You were not eligible for the 2nd BOWP application, and have been out of status since it was refused. As scylla stated, you are most likely ineligible to restore status as a visitor. Your PR application is now at risk because you have overstayed. You should depart Canada ASAP.
 

Runish

Member
Apr 27, 2019
11
0
Hey, does anybody know if u can actually check when ur initial application for work permit was created but then submitted on a different day. I am trying to find the initial
Date when it was created on cic not the date when it was submitted