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Applying for both BOWP and closed WP at same time [please see inside]

karanJ

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cec22

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Sep 4, 2013
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I have a question guys.

1) My current work permit expires end of October and my employer has already applied to extend my Closed WP to end of next yr. - I might receive the extension by 1st week of October.

2) I'm expecting my AOR this week for my CEC application.

Can I apply for BOWP based on the current WP expiry date or will the BOWP be rejected if my Closed WP gets extended by the time the BOWP is processed.

Any Suggestions?
 

ganges

Star Member
Apr 15, 2014
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Hi Shibinp and canadacec2012,

I am into a situation where my company has applied for the closed work permit extension. I too have received the AOR and want to apply for BWOP. I need both WP's. My company will not retain me if my closed work permit gets rejected.

The BWOP will give me options to look for other jobs once the current project comes to an end.
Please advise on the best possible way to achieve this.

Regards,
 

andreprpls

Member
Oct 9, 2016
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My WP visa expires in 4 weeks
My company already applied for LMIA.
I am worried my company might not get the LMIA in time for me to apply for my closed WP before visa expires.
Because of that I will apply for PR (CEC) + BOWP next week, if I happen to get the LMIA in time I ought to apply for the closed WP as well I guess...
 

jes_ON

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andreprpls said:
My WP visa expires in 4 weeks
My company already applied for LMIA.
I am worried my company might not get the LMIA in time for me to apply for my closed WP before visa expires.
Because of that I will apply for PR (CEC) + BOWP next week, if I happen to get the LMIA in time I ought to apply for the closed WP as well I guess...
You can apply for a new TWP with the LMIA pending, within 2 weeks of the expiry date of your current permit.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17
 

andreprpls

Member
Oct 9, 2016
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jes_ON said:
You can apply for a new TWP with the LMIA pending, within 2 weeks of the expiry date of your current permit.
Thanks, didn't knew that, is that for applying for a open work permit or extended closed?
 

jes_ON

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andreprpls said:
Thanks, didn't knew that, is that for applying for a open work permit or extended closed?

LMIAs are for closed work permits.

If you have an ITA and are eligible and ready to apply for CEC, and would prefer a BOWP (open), then you could go that route too. But if you want the BOWP, do not submit a 2nd application for a TWP with the LMIA, because that will cancel your BOWP.
 

andreprpls

Member
Oct 9, 2016
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jes_ON said:

LMIAs are for closed work permits.

If you have an ITA and are eligible and ready to apply for CEC, and would prefer a BOWP (open), then you could go that route too. But if you want the BOWP, do not submit a 2nd application for a TWP with the LMIA, because that will cancel your BOWP.
Thanks ! Now that I re read your last comment I dunno how I could've asked that lol :D
 

scophy143

Star Member
May 28, 2019
55
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Victoria
Adding my case details here as this might help ppl in future as I got very useful info from this group.

I got into similar situation to apply Both closed and open [Bridging Open WP] at same time. Closed by my employer and open by myself as I just got my AOR for PR.

current closed WP expired on Nov-13, 2019
Closed WP extension filed on Nov-1, 2019
Open WP filed on Nov-4, 2019

Closed WP extension approved on Feb-7, 2020
Open WP - approved on Feb-10, 2020

hope this helps. Thanks for the one who created this group.
 

jes_ON

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Adding my case details here as this might help ppl in future as I got very useful info from this group.

I got into similar situation to apply Both closed and open [Bridging Open WP] at same time. Closed by my employer and open by myself as I just got my AOR for PR.

Hi @scophy143 , can you clarify what type of closed work permit you had (LMIA positive, or LMIA-exempt)? The only reason I can think that both permits would have been approved is if your closed permit was LMIA-exempt (e.g. ICT). Or, if IRCC made a mistake (it does happen) : )

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

The following foreign nationals do not qualify for a BOWP:

  • foreign nationals whose work permits are valid for longer than 4 months or who already have a new LMIA that can be used as the basis for a new work permit application
Even so, since you had a permit valid for more than 4 months at the time your BOWP was approved, the BOWP should not have been approved, but my guess is that they were processed so close together, that both permits were issued at essentially the same time, so both were approved (perhaps by accident, perhaps to keep the processing fees :) )
 
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scophy143

Star Member
May 28, 2019
55
22
Victoria
Yes my closed WP is under ICT.

I got both approved may be because at the time of BOWP submission, I satisfy all BOWP conditions.
There will be 2 conditions here - one, applying BOWP first and then closed WP by employer or the other way. In my case the other way happened as my employer submitted closed WP extension before I got my AOR.