Update - Sorry just read again, it only for applicants that have been nominated
Urgent HELP! Work permit question
- Thread starter nikki1992
- Start date
Hey Guys, @canuck_in_uk @scylla @21Goose
Last query:
Can I apply for BOWP to buy some time to get PNP and PR application processed and work until I receive a decision instead of applying for WP extension and get it rejected as incomplete? as per CIC website it states that If the e-APR is incomplete, the application for a BOWP must be refused. It doesn't say that it will be rejected as incomplete and the status is valid only until the permit expiry date.
Your inputs will be appreciated.
Thanks.
Last query:
Can I apply for BOWP to buy some time to get PNP and PR application processed and work until I receive a decision instead of applying for WP extension and get it rejected as incomplete? as per CIC website it states that If the e-APR is incomplete, the application for a BOWP must be refused. It doesn't say that it will be rejected as incomplete and the status is valid only until the permit expiry date.
Your inputs will be appreciated.
Thanks.
Last edited:
Results with the BOWP will be the same as the work permit extension. You don't qualify for either and you should expect both to be rejected as incomplete.
It doesn't say like that on this link though
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html
if application rejected as incomplete the work I did under implied status will be illegal
If application is refused then the work I did under implied status is considered as legal
Could you please send me a link for me which states that BOWP be rejected as incomplete and the status is valid only until the existing permit expiry date.
Please don't get me wrong here, I Just need more clarification that's it don't want to argue your statements
Thanks.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html
if application rejected as incomplete the work I did under implied status will be illegal
If application is refused then the work I did under implied status is considered as legal
Could you please send me a link for me which states that BOWP be rejected as incomplete and the status is valid only until the existing permit expiry date.
Please don't get me wrong here, I Just need more clarification that's it don't want to argue your statements
Thanks.
You are not reading this correctly.
Read the source legislation -
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-183.html
Specifically, R183(5)
-------------
Extension of period authorized for stay
(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
- (a) the day on which a decision is made, if the application is refused; or
- (b) the end of the new period authorized for their stay, if the application is allowed.
The legislation conceives of only two possibilities - either your application is refused, and your status ends on the day a decision is made, or it is allowed. There is no third possibility of "rejected as incomplete". That's the same as a refusal.
In addition, your work will be illegal from the day your current work permit expires. You don't get to work legally from the expiration of your work permit to the day a decision is made, since you were never in status to begin with. Implied status is specifically intended to ensure people don't go out of status for no fault of their own, because of long processing times. It is not intended to grant you a status that you never could get - otherwise everyone could apply for PR regardless of whether they qualified and then just say they have implied status of PR for the six months or whatever it takes to get a decision.
If you have further questions, you can talk to a lawyer - they may be able to give you specific advice based on the exact details of your circumstances. There may be options that we aren't aware of simply because we don't know your background. It's worth spending $300 or so and talking to a good immigration lawyer.
you are right. what if I got PNP processed and AOR in 2 months(Tech pilot applications will be processed in weeks) and update existing BOWP application through webform, will that make a difference?
Thanks.
No, because (as you've repeatedly been told) you are not eligible for a BOWP.
You are well on your way to committing misrepresentation and ruining your chance of getting a Canadian PR.
My final bit of advice to you - go talk to a lawyer so you can understand what you're doing, instead of messing something up in your haste to get a PR. These are important decisions with serious consequences.
You really need to talk to a lawyer on this.
I can see you’re looking fairly laterally to see if there are ways around your circumstances, which is good, but all your suggestions could come across intentionally misrepresenting the truth. When you are applying for these sort of things you are formally stating to CIC your belief it’s a legitimate application and accurate. Applying for something you know you aren't entitled to is deception in that sense.
A lawyer at least will know those clever workarounds that are actually allowed!
On another point from your first post. You are currently in Ontario. Would you actually relocate to BC if you could get the PNP nomination?
I know there is free movement of people etc etc, but you and your employer would be in danger of misrepresentation if you’re applying for BC PNP without the intention of actually going there. Not suggesting that’s the case but you need to be careful of that aspect too so BC can’t argue you weren’t truthful.
Sorry I don’t have better suggestions but I’m sure a lawyer would. They must come across this situation often. I really wish you good luck with finding a solution!
I can see you’re looking fairly laterally to see if there are ways around your circumstances, which is good, but all your suggestions could come across intentionally misrepresenting the truth. When you are applying for these sort of things you are formally stating to CIC your belief it’s a legitimate application and accurate. Applying for something you know you aren't entitled to is deception in that sense.
A lawyer at least will know those clever workarounds that are actually allowed!
On another point from your first post. You are currently in Ontario. Would you actually relocate to BC if you could get the PNP nomination?
I know there is free movement of people etc etc, but you and your employer would be in danger of misrepresentation if you’re applying for BC PNP without the intention of actually going there. Not suggesting that’s the case but you need to be careful of that aspect too so BC can’t argue you weren’t truthful.
Sorry I don’t have better suggestions but I’m sure a lawyer would. They must come across this situation often. I really wish you good luck with finding a solution!
Thanks for your valuable feedback and I am willing to move to BC if everything goes smooth, I am in the process of meeting with an immigration lawyer.
Thanks for your suggestions guys.
Hey Guys, @canuck_in_uk @scylla @21Goose
One more quick question.
Since my WP is going to expire on aug 15th can I make a round trip to USA from AUG 1st to AUG 6th as I have a valid Visitor visa for USA. Will there be any issues for me while heading back to canada on Aug 6th?
Thanks.
One more quick question.
Since my WP is going to expire on aug 15th can I make a round trip to USA from AUG 1st to AUG 6th as I have a valid Visitor visa for USA. Will there be any issues for me while heading back to canada on Aug 6th?
Thanks.
No guarantee but should be fine. Be prepared for any questions CBSA might ask regarding your plans in Canada.