BOWP application AFTER WP expired BUT...

[Suddenly Susan]

Have a question and hopefully anyone would b able to answesr:
It says in the bulletin that in order to apply for bowp your wp must b due to expire within 4 months.

I received AOR after my WP expired BUT while I was under implied status due to pr app under different category.

The law says if u apply for extension before the wp expire, u maintain your status n all the rights which I did...n during this implied status I received aor.

Do u think I can still apply for bowp? Has anyone heard of a similar case experience? Thanks in advance

 

[iam_toby]

The OB clearly states that you have to have a WP about to expire in the next 4 months
in order to become eligible.
So if you ask me, chances are your application will be rejected based on not holding a valid WP.

Maybe someone else knows of a case where someone got it approved?

 

[cecbear]

As far as I know you cannot get implied status by PR application. You should seriously check this.

I received AOR after my WP expired BUT while I was under implied status due to pr app under different category.

 

[Suddenly Susan]

As far as I know you cannot get implied status by PR application. You should seriously check this.

You can get implied status if u submit an app for wp extension with PR app BEFORE your current wp expires under family class.

 

[Suddenly Susan]

The OB clearly states that you have to have a WP about to expire in the next 4 months
in order to become eligible.
So if you ask me, chances are your application will be rejected based on not holding a valid WP.

Maybe someone else knows of a case where someone got it approved?

It is true that the OB says 'due to expire within 4 months' BUT it is also true that Immig.And.Ref.Prot.Act n other laws say if you submit your app for wp extension BEFORE the current one expires (Which i did under family class stream), you maintain your rights and your wp is extended by law until the date their decision is made (so called implied status). Considering this, it would b logical that I can. However I know that immigration officers r not lawyers n they might not think outside the box which worries me

I'm literally begging all the ppl who might have any similar experiences to share.

 

[LPS]

It sounds like you are proposing to chain together two periods of implied status. That is, to apply for a new work permit before your current implied status runs out, and thereby get a prolonged period of implied status. As far as I've heard it's not possible to do this.

You can imagine people gaming the system if this were possible - keeping their status extended indefinitely by making repeated frivolous applications for work permits.

 

[Suddenly Susan]

Thanks for you answer. However I'm not trying to chain 2 implied statuses, lol. There is only 1! The 2nd app was submitted after so there is no implied status based on that.

I would still keep this 1st app on implied status BUT would try to apply for BOWP DURING the waiting period. Waiting times for BOWP shorter than for other types. For example, BOWP could b approved in 30 days but FC based WP was minimum 6 months BEFORE the strike. Now, after the strike, the waiting times are gone up to at least 11 months...which has left me already long enough without status.

Thanks for your answer again.

 

[karanJ]

Hi ,

I am also interested in this . Please keep us posted.

 

[LPS]

Thanks for you answer. However I'm not trying to chain 2 implied statuses, lol. There is only 1! The 2nd app was submitted after so there is no implied status based on that.

I would still keep this 1st app on implied status BUT would try to apply for BOWP DURING the waiting period. Waiting times for BOWP shorter than for other types. For example, BOWP could b approved in 30 days but FC based WP was minimum 6 months BEFORE the strike. Now, after the strike, the waiting times are gone up to at least 11 months...which has left me already long enough without status.

Fair enough. I'm surprised any work permit is taking longer than two months to get approved (http://www.cic.gc.ca/english/information/times/temp.asp). I would check that you aren't confusing the wait time for permanent residency with the one for a new work permit, which is a separate process. But admittedly, I'm not familiar with the family class.

In any case, you must apply for a BOWP while your original work permit is still active.

 

[iam_toby]

Fair enough. I'm surprised any work permit is taking longer than two months to get approved (http://www.cic.gc.ca/english/information/times/temp.asp). I would check that you aren't confusing the wait time for permanent residency with the one for a new work permit, which is a separate process. But admittedly, I'm not familiar with the family class.

In any case, you must apply for a BOWP while your original work permit is still active.

Second that. I don't think you qualify for BOWP while being on implied status.

 

[Suddenly Susan]

Fair enough. I'm surprised any work permit is taking longer than two months to get approved. I would check that you aren't confusing the wait time for permanent residency with the one for a new work permit, which is a separate process.

Lol, I'm not confusing anything, trust me. I mastered this forum, IRPR, OB, Inland & Outland processing manuals, went to immigration seminars and visited a lawyer...but I didd all apps by myself. So I do know what im talkng about.

Family class app is done in two stages: 1st is sponsor assessment ad 2nd is the applicaton itself.
If you submit an app for wp extension in the same envelope with the pr app, it will be decided after the 1st stage approval. Hence, if the sponsor is approved, you get the wp. This is not a classic case of a wp application but it is a part of the pr process itself. Waiting times for this 1st stage approval used to be six months. However, because of the strike, waiting times for this stage jumped to 11 months!!! You can check under inland app section-sponsor assessment stage. 11 months is too much to be left on implied status: you cannot visit the doctor, leave the country or even look for a different job...not to mention unpredictable circumstances. And all this because of the strike

 

[LPS]

Lol, I'm not confusing anything, trust me. I mastered this forum, IRPR, OB, Inland & Outland processing manuals, went to immigration seminars and visited a lawyer...but I didd all apps by myself. So I do know what im talkng about.

Family class app is done in two stages: 1st is sponsor assessment ad 2nd is the applicaton itself.
If you submit an app for wp extension in the same envelope with the pr app, it will be decided after the 1st stage approval. Hence, if the sponsor is approved, you get the wp. This is not a classic case of a wp application but it is a part of the pr process itself. Waiting times for this 1st stage approval used to be six months. However, because of the strike, waiting times for this stage jumped to 11 months!!! You can check under inland app section-sponsor assessment stage. 11 months is too much to be left on implied status: you cannot visit the doctor, leave the country or even look for a different job...not to mention unpredictable circumstances. And all this because of the strike

Thanks for the further info. Being stuck on implied status for nearly a year doesn't ring true at all, so I had to be sure. It certainly is way too long.

It's a shame you didn't know about BOWP while there was still time - perhaps others have alternative ideas?

 

[Suddenly Susan]

Thanks LPS...back then I didn't worry too much because the family one was supposed to be done by july...I got AOR for CEC shortly after my original wp expired but didn't bother asking for restoration cause nobody saw the strike coming up. Who could've imagined this would take so long? And so much has changed meanwhile...dunno what to do now :-(