Work Permit Expired:

[parths411]

Posting for a friend:

My friend's WP expired in May mid while his PR process was in process, he applied for Temporary Visa instead of BWOP. While speaking with Cic agents before on call and nobody advised that it was wrong Visa extension done until today as he called and one of the agent said he is illegal as his status expired as it was not a BWOP. During all the conversation he was not informed. Still his PR is in process as per status. Considering this situation will affect his BG check.
He is flying back to his country asap. Can someone give any input for this. What to be informed or what can be further steps ?

 

[scylla]

Posting for a friend:

My friend's WP expired in May mid while his PR process was in process, he applied for Temporary Visa instead of BWOP. While speaking with Cic agents before on call and nobody advised that it was wrong Visa extension done until today as he called and one of the agent said he is illegal as his status expired as it was not a BWOP. During all the conversation he was not informed. Still his PR is in process as per status. Considering this situation will affect his BG check.
He is flying back to his country asap. Can someone give any input for this. What to be informed or what can be further steps ?

He should have either applied for a BOWP before his WP expired or have applied to change his status to visitor. If he simply applied for a TRV, then this was the wrong thing to apply for and he is out of status in Canada and has been since May.

No, this shouldn't impact his background check.

 

[parths411]

Okay thanks for input.
I wanted to know can he apply for Temp Resident Permit as he is still in canada before he leaves ( in process or winding up )

 

[scylla]

Okay thanks for input.
I wanted to know can he apply for Temp Resident Permit as he is still in canada before he leaves ( in process or winding up )

Is he planning on leaving Canada soon? If so, there's no point applying for a TRP. TRP processing times are extremely long right now. We have people here who have been waiting over a year for a result.

 

[parths411]

No he isnt planning to leave, as he wants to keep his status active here in CA.
Spoke with Consultant today, they advised to apply TRP , but another consultant added to wait for rejection so can wait for what to do next as either it will say TRP or Restoration. Genuinely, i checked further friend of mine had reached out 5-7 times for the status and they said all is in process and there was no negative update until yesterday.

 

[scylla]

No he isnt planning to leave, as he wants to keep his status active here in CA.
Spoke with Consultant today, they advised to apply TRP , but another consultant added to wait for rejection so can wait for what to do next as either it will say TRP or Restoration. Genuinely, i checked further friend of mine had reached out 5-7 times for the status and they said all is in process and there was no negative update until yesterday.

What rejection are you waiting for? The TRV? The TRV won't give him legal status in Canada. It doesn't matter what the result is of this application. Just to be 100% sure, did he apply for a TRV or a visitor extension?

If his status expired in May, then it's far too late to apply for restoration. So that option is out.

If he doesn't want to leave, that leaves him with the TRP. However TRPs are taking extremely long to process these days (well over a year in most cases) and he will remain in Canada without status until the TRP is apiproved.

 

[parths411]

So what the consultant said, to wait for rejection for the TRV stating it was error on his end, and as he is on no status since Sept 2021( July 2021 expiry date + 90 days ) so since than he is in CA.
The only concern I have, the officer never updated since May’21 even after so many times reaching them out and all they said its all good and is in processing.

Yes he had applied for TRV ( inland as option was to select in Canada when given option from where you applying from )so which was strange for me too. Usually TRV is for outland if I am not wrong.

 

[parths411]

Just a question, can I apply for BWOP now? with an explanation of LOE, stating that error happened on our end, and as well official end (not giving update on right time)

Is that possible ?

 

[GandiBaat]

Posting for a friend:

My friend's WP expired in May mid while his PR process was in process, he applied for Temporary Visa instead of BWOP. While speaking with Cic agents before on call and nobody advised that it was wrong Visa extension done until today as he called and one of the agent said he is illegal as his status expired as it was not a BWOP. During all the conversation he was not informed. Still his PR is in process as per status. Considering this situation will affect his BG check.
He is flying back to his country asap. Can someone give any input for this. What to be informed or what can be further steps ?

Prime example of why you should usually hire a consultant to manage your immigration.

 

[GandiBaat]

Just a question, can I apply for BWOP now? with an explanation of LOE, stating that error happened on our end, and as well official end (not giving update on right time)

Is that possible ?

I thought it was your friend?

 

[scylla]

Just a question, can I apply for BWOP now? with an explanation of LOE, stating that error happened on our end, and as well official end (not giving update on right time)

Is that possible ?

No, not possible. You must be holding a valid work permit at the time you apply for a BOWP. It's going to be an automatic refusal.

 

[scylla]

So what the consultant said, to wait for rejection for the TRV stating it was error on his end, and as he is on no status since Sept 2021( July 2021 expiry date + 90 days ) so since than he is in CA.
The only concern I have, the officer never updated since May’21 even after so many times reaching them out and all they said its all good and is in processing.

Yes he had applied for TRV ( inland as option was to select in Canada when given option from where you applying from )so which was strange for me too. Usually TRV is for outland if I am not wrong.

You can apply for a TRV inland but the TRV doesn't help your situation at all. Applying for a TRV cannot help with restoring your status. All the TRV will allow you to do (if it's approved) is re-enter Canada if you leave. It doesn't give you valid status in Canada. You will still be out of status even if the TRV is approved.

IRCC doesn't care who is at fault, they will hold the applicant (you) responsible for any errors.

I do not understand the July 2021 + 90 days statement. I thought the work permit expired mid May per your original post. Anyway, you fell out of status as soon as the WP expired. You don't add 90 days. The 90 days is the period you have to apply for restoration but you are still out of status during those 90 days. It's too late to apply for restoration now.

Only option is a TRP now. But as I said before, processing times for TRPs are incredibly long right now.

 

[GandiBaat]

No, not possible. You must be holding a valid work permit at the time you apply for a BOWP. It's going to be an automatic refusal.

I might offer a slight correction here: You CAN restore your status as a worker using BOWP : https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

• • be eligible to restore your status and get a work permit

So an out of status person but within restoration window can indeed restore their work permit with BOWP.

However, this gentleman had his status expired in MAY?

 

[scylla]

I might offer a slight correction here: You CAN restore your status as a worker using BOWP : https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html



So an out of status person but within restoration window can indeed restore their work permit with BOWP.

However, this gentleman had his status expired in MAY?

Fair enough.

But in OP's specific case, status was lost sometime last summer and restoration is now out of the question.

 

[GandiBaat]

But in OP's specific case, status was lost sometime last summer and restoration is now out of the question.

Yeah. Had this been 2020, it could have been practical due to public policy ... right now? No. No such policy is active right now.