AOR required to extend a work permit after nomination??

[chihirousagi1119]

Hello my friends,

Could anyone share your story about obtaining a work permit after nomination?
I am a BC PNP nominee, I have a nomination certificate which is still valid, support letter from PNP, job offer form and everything, but failed to get a new work permit at the border. My current wp is about to expire.

I went to the border with all the documents on IMM 5556. But my application for a new work permit was declined because I haven't gotten AOR from CIC yet. First of all, why would I know that I needed AOR when it's not on the document list? It says,

If your nomination has expired, provide a copy of the acknowledgement letter confirming CIC received your permanent resident application before the nomination expired.

Doesn't it mean you do not need AOR if you have nomination certificate that is valid?
The officer said all they could do was issuing a work permit that expires on the same date of nomination expiry date, which was only 10 days ahead. I did send PR application to CIC sydney 2 moths ago (means, before the nomination expires) and suppose waiting AOR for 2 months is quite normal. But the officer told me to go home, call and ask CIC why it's taking that long to get AOR. (She was grumpy and aggressive overall.)

So I called CIC next day and the operator says it does normally take more than two months to get AOR. She suggested me to try online application but the processing time will be 117 days. I know I can still keep working as implied status once I complete the application process, but what makes thing complicated is that I have changed the job. I am getting a closed work permit for a new employer which is confirmed by BCPNP. My current wp is for the old company so I can't start working till I get a new wp. I can't let my new employer wait 4 months.

CIC website says,
International Mobility Program: Federal–provincial or territorial agreements [R204(c)] (LMIA exemption code T13)
Note: It is not necessary for the foreign national’s application for permanent residence to have been received by CIC for the work permit to be issued, unless the nomination is expired. In that case, a copy of the acknowledgement letter confirming that CIC received a Provincial Nominee Program (PNP) permanent residence application should be provided with the work permit application.

I mean, I know AOR is required to obtain BOWP. But I am in need of closed work permit with a new employer. This shouldn't be so complicated.
Am I right and the officer was wrong?? Or am I misunderstanding? As my current status and nomination are expiring I'm freaking out

 

[chihirousagi1119]

Anyone??

 

[liisa227]

I'm pretty sure the border officer made a mistake. They're not always on the top of things unfortunately. Unless they suddenly changed the rules somehow without telling anyone.

The only issue here I can think of is the fact that the permit you need is for a new employer. Did you have any document from BC PNP saying that they've confirmed your new employer when you went to the border? I assume your nomination certificate still has your old employer in it.

The officer may have thought you were trying to get a BOWP based on your PR application if the employer on the certificate doesn't match (because in that case you wouldn't be applying for the permit based on the certificate information, and therefore wouldn't be eligible for the nomination-based permit).

If you have something from the BCPNP confirming the employer change, I think that should make a difference. I understand how tricky this situation feels, but it'll be OK. If I were you, I would go down to the border again and see if I got a more co-operative officer this time.

I also know a good immigration consultant in Vancouver - send me a PM if you'd like to have his information. Good luck!

 

[chihirousagi1119]

Thank you liisa227
I did bring a support letter from PNP for the new employer but did not really ever think of BWOP at the first attempt. Maybe I should have emphasized that I wanted closed wp. And yes the certificate still had the old employer's name but she didn't even look at it. 'NO AOR, NO VISA!!' She just seemed to be in a 'I don't feel like helping anyone' mood so I kind of gave up. Oh well. Everybody gets bad luck sometimes.

So I printed a CIC official web page and underlined some sentences such as

-The duration of the work permit should be equivalent to the duration of the offer of employment. Where the offer of employment is for a “permanent duration”, the work permit will be issued for a maximum of two years
-It is not necessary for the foreign national’s application for permanent residence to have been received by CIC for the work permit to be issued

to convince them next time. Meanwhile my current permit was about to expire. Nomination was about to expire too. Also my CIC application package was sent back because the payment did't go. I thought I was gonna spoil all the efforts I made. I ran to PNP office Vancouver downtown and managed to talk to my advisor in person. He was really supportive and extended the nomination on the spot. He said he wasn't so sure if the border officer was right and suggested to bring CIC documents that had been returned to prove I did try to apply for it.

Next day I went to Point Roberts again. The lady was there but luckily another officer helped me. He was pretty nice. I was going to show the webpage prints when the same problem happened but apparently I gave it to him with all other papers. I don't know if it worked but he only briefly asked me if I already submitted CIC application then gave me 15 months of work permit saying it should cover till the end of the federal process. Woop!

liisa227 is right. Officers can make mistakes. So research carefully and be confident. I hope this story helps people in similar situations in future. Good luck all Canadian dreamers!!

 

[kit23]

Thank you liisa227
I did bring a support letter from PNP for the new employer but did not really ever think of BWOP at the first attempt. Maybe I should have emphasized that I wanted closed wp. And yes the certificate still had the old employer's name but she didn't even look at it. 'NO AOR, NO VISA!!' She just seemed to be in a 'I don't feel like helping anyone' mood so I kind of gave up. Oh well. Everybody gets bad luck sometimes.

So I printed a CIC official web page and underlined some sentences such as

-The duration of the work permit should be equivalent to the duration of the offer of employment. Where the offer of employment is for a “permanent duration”, the work permit will be issued for a maximum of two years
-It is not necessary for the foreign national's application for permanent residence to have been received by CIC for the work permit to be issued

to convince them next time. Meanwhile my current permit was about to expire. Nomination was about to expire too. Also my CIC application package was sent back because the payment did't go. I thought I was gonna spoil all the efforts I made. I ran to PNP office Vancouver downtown and managed to talk to my advisor in person. He was really supportive and extended the nomination on the spot. He said he wasn't so sure if the border officer was right and suggested to bring CIC documents that had been returned to prove I did try to apply for it.

Next day I went to Point Roberts again. The lady was there but luckily another officer helped me. He was pretty nice. I was going to show the webpage prints when the same problem happened but apparently I gave it to him with all other papers. I don't know if it worked but he only briefly asked me if I already submitted CIC application then gave me 15 months of work permit saying it should cover till the end of the federal process. Woop!

liisa227 is right. Officers can make mistakes. So research carefully and be confident. I hope this story helps people in similar situations in future. Good luck all Canadian dreamers!!

Could you provide the link for that web page on CIC's site? Might be useful for me to print out in the future. Thanks

 

[chihirousagi1119]

Hi kit23,
I wanted to, but apparently I am not allowed to post weblinks here. I really don't know why.

Ah there you go. I removed www part.
cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

see
>Foreign workers nominated by a province or territory

You'll find Instructions for processing officers at the bottom part. You might want to bring it to a border just in case the officer is ignorant.