If BOWP refused, does it invalidate active closed work permit too ?

[Aryan B]

My closed work permit is valid till next year (2022). I raised BOWP in last month and requested an approval email from IRCC. However, I recently got an email from(CPCE Email Communication. <CPCV_Extcom@cic.gc.ca> ) stating that my OWP is refused and I do not have current temporary resident status in Canada, nor am I authorized to remain in Canada until a decision is made on your application (implied status). Strange thing is I am not seeing any such refusal update when I check in my IRCC account after login with my GC key.
Can some one please suggest if my closed work permit is still valid. Am I still legally allowed to work in Canada for that company and what can I do next.

Below are the contents of the attachment in the letter:
I have assessed your request under the Temporary Public Policy to Exempt Foreign Nationals in Canada from Certain Requirements when Changing Employment During the Coronavirus (COVID-19) Pandemic.
Your request for consideration has been refused as you do not meet the eligibility criteria for the public policy, in that
 you do not have current temporary resident status in Canada, nor are you authorized to remain in Canada until a decision is made on your application (implied status)
 you are not applying for an employer-specific work permit
 you do not intend to change employers and/or occupations as identified by the job offer included in your work permit application
 you are not eligible to apply from within Canada under paragraph 199(a) or 199(b) of the Immigration and Refugee Protection Regulations
 you have not requested that the public policy exemptions be applicable until a decision is made on your work permit application or it is withdrawn

 

[ishakeshavan]

Are you an ICT?

 

[Aryan B]

Yes. I am a computer programmer. And currently working in Canada on closed work permit.

 

[ishakeshavan]

Yes. I am a computer programmer. And currently working in Canada on closed work permit.

Yes. I am a computer programmer. And currently working in Canada on closed work permit.

A bridging open work permit (BOWP) lets you keep working while you wait for the results of your permanent residence application, and only if your existing permit expires in the next 4 months. This is why your application was refused. You continue to work with the conditions listed in your closed work permit.

 

[Aryan B]

Thanks for the relieving reply !

 

[Bang86]

Just FYI - I have a close work permit until 2022 but got my BOWP (valid for 1 year) approved since I sent a letter of explanation that I am fully aware that my current visa is valid for almost 2 years and not expiring within the next 4 months, I however lost my job due to covid and need a BOWP for my job search. The explanation worked and I was approved.

 

[ishakeshavan]

Just FYI - I have a close work permit until 2022 but got my BOWP (valid for 1 year) approved since I sent a letter of explanation that I am fully aware that my current visa is valid for almost 2 years and not expiring within the next 4 months, I however lost my job due to covid and need a BOWP for my job search. The explanation worked and I was approved.

Is your PR application filed?

 

[Wolfpmd3]

My closed work permit is valid till next year (2022). I raised BOWP in last month and requested an approval email from IRCC. However, I recently got an email from(CPCE Email Communication. <CPCV_Extcom@cic.gc.ca> ) stating that my OWP is refused and I do not have current temporary resident status in Canada, nor am I authorized to remain in Canada until a decision is made on your application (implied status). Strange thing is I am not seeing any such refusal update when I check in my IRCC account after login with my GC key.
Can some one please suggest if my closed work permit is still valid. Am I still legally allowed to work in Canada for that company and what can I do next.

Below are the contents of the attachment in the letter:
I have assessed your request under the Temporary Public Policy to Exempt Foreign Nationals in Canada from Certain Requirements when Changing Employment During the Coronavirus (COVID-19) Pandemic.
Your request for consideration has been refused as you do not meet the eligibility criteria for the public policy, in that
 you do not have current temporary resident status in Canada, nor are you authorized to remain in Canada until a decision is made on your application (implied status)
 you are not applying for an employer-specific work permit
 you do not intend to change employers and/or occupations as identified by the job offer included in your work permit application
 you are not eligible to apply from within Canada under paragraph 199(a) or 199(b) of the Immigration and Refugee Protection Regulations
 you have not requested that the public policy exemptions be applicable until a decision is made on your work permit application or it is withdrawn

Why would you apply for BOWP when yours is not due to expire within 4 months? My guess is that that is exactly why it was denied. You are not eligible for one.

 

[Bang86]

Is your PR application filed?

yes, of course.That’s the most important requirement of a bridging open work permit.

 

[Bang86]

yes, of course.That’s the most important requirement of a bridging open work permit.

I guess, same reason as me, closed work permit but maybe not working for the company anymore.
In my case, with a precise LoE, I got it approved. Guess I was lucky.

 

[Aryan B]

Just FYI - I have a close work permit until 2022 but got my BOWP (valid for 1 year) approved since I sent a letter of explanation that I am fully aware that my current visa is valid for almost 2 years and not expiring within the next 4 months, I however lost my job due to covid and need a BOWP for my job search. The explanation worked and I was approved.

How many days it took for approval ?

 

[Aryan B]

Why would you apply for BOWP when yours is not due to expire within 4 months? My guess is that that is exactly why it was denied. You are not eligible for one.

There was some uncertainty at my current job. And so wanted to make the OWP ready.

 

[Aryan B]

I guess, same reason as me, closed work permit but maybe not working for the company anymore.
In my case, with a precise LoE, I got it approved. Guess I was lucky.

Can you please share the contents of that LoE ?

 

[Wolfpmd3]

There was some uncertainty at my current job. And so wanted to make the OWP ready.

You can't opt for it until it is due to expire within 4 months.

 

[Bang86]

You can't opt for it until it is due to expire within 4 months.

Technically that is true - But I got it approved nonetheless.

Here's my LoE @Aryan B. I attached my closed valid thru 2022 work permit and my AoR of course.

Dear Visa Officer,


I am writing a letter of explanation to give details for my complicated situation.

I came to Canada as an LMIA-exempt Intra Company Transferee (NOC 0) on an employer-specific work permit which was initially valid for two years until June 11, 2020. I applied for a closed work permit extension on April 30, 2020 and additionally for Express Entry Permanent Residency (Canadian Experience Class) on September 4, 2020 for which you will find the Acknowledgement of Receipt below. At the same time, my work permit extension was heavily delayed due to COVID-19 and only recently approved (September 30, 2020, also attached).

Unfortunately, I was recently laid-off and due to the LMIA-exempt status, the job search is challenging while I wait for the PR to be approved, especially since the process is currently very tough to predict with the COVID-19 backlog of applications.

I know the eligibility for a BOWP requires the current work permit to expire in less than 4 months, but I hope that since I have never let my status expire, I am still eligible for BOWP even though my employer-specific work permit is now valid for another 2 years. A bridging work permit would enable me to start a new permanent job significantly faster.

I request you to kindly consider this, as part of the documents required for processing my BOWP application.