Apply for New WP while visitor visa application under process after PGWP expired

[Bradbrad]

Hello everyone,

I want some information about my cousins application. She got nominated under BCPNP, but have to withdraw her file because Consultant made mistake in calculating her score, then because her WP expired she applied for visitor visa while she was on restoration . Which is still under processing. She applied for visitor because at the time employer was willing to apply for LMIA. But now employer do not want to support it. So my question is can she apply for another work permit ( employer supported with pre- approved LMIA) while waiting for visitor visa result?

Thanks

 

[Garry21]

Hello everyone,

I want some information about my cousins application. She got nominated under BCPNP, but have to withdraw her file because Consultant made mistake in calculating her score, then because her WP expired she applied for visitor visa while she was on restoration . Which is still under processing. She applied for visitor because at the time employer was willing to apply for LMIA. But now employer do not want to support it. So my question is can she apply for another work permit ( employer supported with pre- approved LMIA) while waiting for visitor visa result?

Thanks

Did she applied pr file ? Was she nominated by province? What was the mistake lawyer made ?

 

[Bradbrad]

yes she applied for BCPNP and got nominated, but the immigration consultant failed to calculate her score. She did her 'Graduate certificate' program from Toronto College, but the admission requirements on college website also says that a person with 2 year diploma can also get admission in same program cause they want more and more international students . But according to BCPNP requirements for masters program must be a bacholars degree. And her score was calculated as masters. In the end withdrawal was better than getting rejection.

 

[Bradbrad]

Did she applied pr file ? Was she nominated by province? What was the mistake lawyer made ?

yes she applied for BCPNP and got nominated, but the immigration consultant failed to calculate her score. She did her 'Graduate certificate' program from Toronto College, but the admission requirements on college website also says that a person with 2 year diploma can also get admission in same program cause they want more and more international students . But according to BCPNP requirements for masters program must be a bacholars degree. And her score was calculated as masters. In the end withdrawal was better than getting rejection because her score got reduced as according to them bacholar degree is the highest education in the application

 

[Garry21]

yes she applied for BCPNP and got nominated, but the immigration consultant failed to calculate her score. She did her 'Graduate certificate' program from Toronto College, but the admission requirements on college website also says that a person with 2 year diploma can also get admission in same program cause they want more and more international students . But according to BCPNP requirements for masters program must be a bacholars degree. And her score was calculated as masters. In the end withdrawal was better than getting rejection because her score got reduced as according to them bacholar degree is the highest education in the application

But if the score was reduced how dis they nominated her ?

 

[Bradbrad]

But if the score was reduced how dis they nominated her ?

Score was reduced by visa officer after he processed the application.

 

[jaseenaliottawa]

Given the information you just provided , she cant get an extension on work permit. She is not eligible because she neither have nomination nor AR of PR application. She don't have many options to stay in canada right now , on what basis did she apply for visitor visa ?

 

[jaseenaliottawa]

Score was reduced by visa officer after he processed the application.

So she didnt get the nomination , why do you keep saying she was nominated?

 

[Bradbrad]

So she didnt get the nomination , why do you keep saying she was nominated?

I am sorry. I had confusion between nomination and ITA. What I meant was that she got her name in the draw and got invitation to apply.

And visitor visa was applied on the basis that she’s waiting for her nomination before she withdrew it. Paper based application was made because it was just a measure so she remains in legel status until the employer got LMIA application processed.

So you are saying that it is not possible for her to apply for new work permit until her visitor visa is processed? What about outland application while she’s in Canada?
From my understanding once she leave country its going to be hard coming back soon as I read on forum that you need to stay out of Canada for same time you were in. Is this true?

 

[jaseenaliottawa]

I am sorry. I had confusion between nomination and ITA. What I meant was that she got her name in the draw and got invitation to apply.

And visitor visa was applied on the basis that she’s waiting for her nomination before she withdrew it. Paper based application was made because it was just a measure so she remains in legel status until the employer got LMIA application processed.

So you are saying that it is not possible for her to apply for new work permit until her visitor visa is processed? What about outland application while she’s in Canada?
From my understanding once she leave country its going to be hard coming back soon as I read on forum that you need to stay out of Canada for same time you were in. Is this true?

Again !!what base do she have for a visitor visa or work permit?

 

[Bradbrad]

Again !!what base do she have for a visitor visa or work permit?

What do you mean by basis for WP? There is an employer who is willing to give job and has LMIA approved.

 

[jaseenaliottawa]

What do you mean by basis for WP? There is an employer who is willing to give job and has LMIA approved.

My bad , i didnt know she had LMIA approved . so whats the problem ?

 

[Bradbrad]

My bad , i didnt know she had LMIA approved . so whats the problem ?

No problem, I was not sure if she need to wait for visitor visa result or can apply for work permit at same time? She was on restoration when she applied for visitors visa if it make a difference

 

[jaseenaliottawa]

No problem, I was not sure if she need to wait for visitor visa result or can apply for work permit at same time? She was on restoration when she applied for visitors visa if it make a difference

As long as shes within 90 days period , she can apply for either work permit or visitor Visa ,however It would make more sense if she applied for workpermit with LMIA . if she has LMIA approved she can get 50 points and apply for express entry , she should have enough points to qualify ? If shes out of status , she has no option to apply inlad and must leave canada and apply outland or she could be issued a removal order.

 

[Bradbrad]

As long as shes within 90 days period , she can apply for either work permit or visitor Visa ,however It would make more sense if she applied for workpermit with LMIA . if she has LMIA approved she can get 50 points and apply for express entry , she should have enough points to qualify ? If shes out of status , she has no option to apply inlad and must leave canada and apply outland or she could be issued a removal order.

She already applied for visitor visa when she was on restoration ( 60 days into restoration) which is under processing. That is why I am asking because 90 days are over. Also, she don’t have 1 year of experience in NOC A,B. She was working as entry level restaurant worker like NOC C.