Apply for visitor visa while waiting for BOWP?

[YorkWin]

Hello!

I have 471 points in the Express Entry pool for CEC so I expect to be invited in the next invitation round.

However my IEC working holiday work permit states I have to leave the country by 26 March 2018.

If I don't get an ITA, apply for PR, then apply for my BOWP and get a AOR (and thus implied status) by 25 March, I will have to:
a) leave the country
b) overstay my visa

I am scared that if they invite on 21 March, I will not get my BOWP AOR in time (by 25 March) for my implied status to kick in and will be counted as an overstay.

Question 1: If I overstay, will this be a black mark on my record and threaten my changes of getting residency?
I do not want to risk that.

To avoid an overstay I could:
1) Leave the country on 25 March (I would rather stay to pack my things and return home in May to await my PR decision)
2) Apply for a visitor visa now (change of circumstance) so that I have implied status as a visitor.

Question 2: I think the visitor visa 'Change of Circumstance' form is the same one I need to apply for BOWP - if I have applied for a visitor visa, does that mean I can't apply for BOWP?
I do not want to confuse CIC by submitting two different reasons for the change of circumstance if it jeopardises my BOWP.

I am so confused - any help or suggestions greatly appreciated

 

[rezafc]

Hi there,

First I'm going to answer your Questions:

1/ Do not under any circumstances, overstay, unless you have a really really solid good and reasonable explanation.
2/ They are not the same, and yes if you get your visitor permit you can not apply for BOWP.

Secondly you go under Implied Status when you have applied for a visa/permit before your current one has expired, and now it's expired and you are just hanging in there to get an answer/decision. If you get a visitor permit (or any other permit) you are no longer under Implied Status.

Thirdly your Express Entry application has nothing to do with you applying for a permit, ie, BOWP/Visitor, they are two entirely different departments. If you can apply for BOWP right now, by all means go ahead, I have heard of cases that have applied without AOR or Invitation and they have got approved, because the officer could see on the computer that the file is in process. Just remember to compose a sincere cover letter and explain the situation thoroughly. Once you apply for BOWP (assuming that you will run out of time before they give you an answer) you will go into Implied Status automatically, so rest assured that's not an overstay.

Now let's explore the second outcome; let's say they reject your BOWP, before or after your Implied Status, you will receive a letter indicating why and also they will give you a timeline to leave the country or restore your status (usually 90 days grace period), within that period you can apply for visitor visa. And I'm almost %99.99 certain that you'll get it, just remember to back yourself up with a reasonable chunk of money in your bank account.

You know you have the visitor option as your last resort, so don't freak out, no good decision comes out of a stressed situation. Just stay calm and gather yourself together. Give CIC a call and discuss your options. Ask for her/his agent number, make a note of the time and basically have a record of when and to whom did you speak to and what their responses were, for your future reference. You can use this information on your cover letter to secure yourself when applying for any permit.

Don't take action on my words please. Do your studies ask around as much as you can and dig deeper into this website. There are so many people that had similar situations like yours.

Best of luck mate, I know it's pretty tough but hang in there.

 

[monkeyspanner]

I was in a similar situation with time running out on a working holiday visa and waiting for an ITA and subsequent PR application and BOWP application. From memory the visitor visa form is IMM5708E and BOWP form is IMM5710E they are similar but not the same.
I applied for visitor status as a safety net, paid the C$100 and luckily got the ITA. Cancelled the visitor application and subsequently had a refund. Managed to submit the e-APR prior to visa expiry, had an AOR within hours and submitted the BOWP. PPR and BOWP issued on same day (55 days processing).
Its possible and I hope you get the ITA and manage to submit in time.

 

[Savtodd]

Hello!

I have 471 points in the Express Entry pool for CEC so I expect to be invited in the next invitation round.

However my IEC working holiday work permit states I have to leave the country by 26 March 2018.

If I don't get an ITA, apply for PR, then apply for my BOWP and get a AOR (and thus implied status) by 25 March, I will have to:
a) leave the country
b) overstay my visa

I am scared that if they invite on 21 March, I will not get my BOWP AOR in time (by 25 March) for my implied status to kick in and will be counted as an overstay.

Question 1: If I overstay, will this be a black mark on my record and threaten my changes of getting residency?
I do not want to risk that.

To avoid an overstay I could:
1) Leave the country on 25 March (I would rather stay to pack my things and return home in May to await my PR decision)
2) Apply for a visitor visa now (change of circumstance) so that I have implied status as a visitor.

Question 2: I think the visitor visa 'Change of Circumstance' form is the same one I need to apply for BOWP - if I have applied for a visitor visa, does that mean I can't apply for BOWP?
I do not want to confuse CIC by submitting two different reasons for the change of circumstance if it jeopardises my BOWP.

I am so confused - any help or suggestions greatly appreciated

Hi yorkwin!

I am in the exact same position as you were - I have enough points in the express entry pool for CEC, but my IEC is expiring so soon and I don’t think I will get an ITA and submit my PR application before it expires. I was wondering what you did? Any insight to how it worked out for you would be SO appreciated... Did you go on BOWP, and get implied status, even though you didn’t have an AOR?

Thank you!

 

[monkeyspanner]

Hi yorkwin!

I am in the exact same position as you were - I have enough points in the express entry pool for CEC, but my IEC is expiring so soon and I don’t think I will get an ITA and submit my PR application before it expires. I was wondering what you did? Any insight to how it worked out for you would be SO appreciated... Did you go on BOWP, and get implied status, even though you didn’t have an AOR?

Thank you!

Your IEC needs to be still valid when you apply for BOWP. You also need to include in your BOWP application the eAOR you get within 24hours of submitting your PR application. Your option is to apply for a visitors visa from within Canada as long as you do that you will have implied status as a visitor but you cannot work. Or you could leave and return on an eta if from a visa exempt country. Or leave and apply for a visitors visa to return to Canada.

 

[parth7d]

Hi yorkwin!

I am in the exact same position as you were - I have enough points in the express entry pool for CEC, but my IEC is expiring so soon and I don’t think I will get an ITA and submit my PR application before it expires. I was wondering what you did? Any insight to how it worked out for you would be SO appreciated... Did you go on BOWP, and get implied status, even though you didn’t have an AOR?

Thank you!

Hi Savtodd,

I am in the same situation. Did you manage to find a solution?
Also, is there any requirement in terms of days to apply for BOWP?
Official website says, "WP expiring in 4 months or less". Is it okay if I apply for BOWP say 5 days before my Work Permit expires?

 

[jes_ON]

Also, is there any requirement in terms of days to apply for BOWP?
Official website says, "WP expiring in 4 months or less". Is it okay if I apply for BOWP say 5 days before my Work Permit expires?

Your work permit is valid up to and including the date it expires. As long as you submit your BOWP application before it expires, you are eligible for the BOWP and implied status.

 

[parth7d]

Your work permit is valid up to and including the date it expires. As long as you submit your BOWP application before it expires, you are eligible for the BOWP and implied status.

Hi jes_ON,
Thanks a lot.

I need your opinion on what would be the best way forward for me.

Work Permit expires on 6th June. So, If I am applying for a Visitor Visa, I need to apply before 6th May(which is in next 5 days)
Current CRS Score 461 (However, WES evaluation report date is 14th May). I can only create a profile after 14th May.

Should I just apply for Visitor Visa OR should I wait for the EE draw of 14th/15th May to get ITA, Submit my profile in like 15 days - get AOR and apply for BOWP? (I know I am being too optimistic with the second option )

Is it possible to apply for Visitor Visa and if things go as planned, I cancel the Visitor Application and apply for BOWP?

 

[jes_ON]

Hi jes_ON,
Thanks a lot.

I need your opinion on what would be the best way forward for me.

Work Permit expires on 6th June. So, If I am applying for a Visitor Visa, I need to apply before 6th May(which is in next 5 days)
Current CRS Score 461 (However, WES evaluation report date is 14th May). I can only create a profile after 14th May.

Should I just apply for Visitor Visa OR should I wait for the EE draw of 14th/15th May to get ITA, Submit my profile in like 15 days - get AOR and apply for BOWP? (I know I am being too optimistic with the second option )

Is it possible to apply for Visitor Visa and if things go as planned, I cancel the Visitor Application and apply for BOWP?

Wait on the visitor's permit. You can even wait until 6th of June.

Don't be "optimistic" - be prepared. Do you have all your documents? Your PCCs, letters of employment, medical ready to go?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

 

[parth7d]

Wait on the visitor's permit. You can even wait until 6th of June.

Don't be "optimistic" - be prepared. Do you have all your documents? Your PCCs, letters of employment, medical ready to go?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

Thanks Jes,

Yes, I have everything ready on me. Just waiting for ECA by WES.
Thanks for heads up on waiting untill 6th June for my Visitor's permit.
Things are now much clearer for me.

 

[alibutt2013]

Thanks Jes,

Yes, I have everything ready on me. Just waiting for ECA by WES.
Thanks for heads up on waiting untill 6th June for my Visitor's permit.
Things are now much clearer for me.

This a bit of a tricky situation but there is a way. A day before your WP expires submit your BOWP application paper-based (not online) with an LOE attached to it that you will submit your AOR as soon as you get it. You will definitely get an ITA in june and as soon as you get your AOR submit it through web form online and attach it to your file. With your paper-based BOWP application in process you will go under implied status as soon as your WP expires. This will buy you a good amount of time. Worse come to worse if after 2-3 months they refuse your BWOP application, you can restore your status and get a visitor permit.