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BOWP Application is Refused, CIC Agents suggested to restore work permit

yy_ca_pr

Full Member
Jun 13, 2016
22
0
Hi guys,

My BOWP application is refused because I missed paying the Open Work Permit Holder fee $100 and I am out of status now. I called CIC twice for asking what type of status I should restore. They said I should restore work permit. One of the ladies even verified my refused case and gave me that answer. I read a lot of posts in forum about restoration after BOWP rejection and most people suggest that it's not eligible to to restore BOWP base on CIC website description(Following). I told the agent the information I found on the website. She said I should follow the information in my letter.

My QUESTION is: should I apply RESTORATION of WORK PERMIT OR VISITOR RECORD ?
Thanks!

CIC Reference 1:
(cannot post link: please google International Mobility Program: Provincial nominees and permanent residence applications – Bridging open work permits for certain federal economic class applicants)
"
BOWP eligibility parameters
To be eligible for a BOWP, foreign nationals must
have valid status on a work permit that is due to expire within the next four months;
"
The following foreign nationals do not qualify for a BOWP:
foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status;
''

CIC Reference 2:
(cannot post link: please google Restoration of temporary resident status)
"
Eligibility requirements for restoration of status
Applicant requirements
apply within 90 days of having lost their status; and
meet the initial requirements for their stay; and
"
-----------REJECTION LETTER----------------

This letter refers to your application for an Open Work Permit.

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.

[X] As per the new Citizenship and Immigration fee schedule in effect February 21, 2015, a new Open Work Permit Holder fee in the amount of $100.00 is required, in addition to the $155 processing fee. Payments must be made online at cic When you are finished, you must print a receipt of payment and include it with your application.

[X] We also wish to advise you that your temporary resident status Expired on.

You may apply for restoration if, within 90 days from the expiry of your temporary resident status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should be made online at (cannot post link). When you are finished, you must print the receipt of payment and include it with your
application.
 all required documents in support of your application.

Please consult the section “Restoration of status” in the application guide: “Applying to change conditions or extend your stay in Canada”. Restoration applies to each member who has lost his or her status. Please note that there is no guarantee your application will be accepted.

Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status and as such will be required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
 

scylla

VIP Member
Jun 8, 2010
94,947
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You can only restore to visitor status.

You don't qualify for a BOWP since you don't have a valid work permit. To restore your status back to a regular work permit, you would need an approved LMIA.
 

yy_ca_pr

Full Member
Jun 13, 2016
22
0
Then why the CIC agents said I should apply restoration of work permit?
scylla said:
You can only restore to visitor status.

You don't qualify for a BOWP since you don't have a valid work permit. To restore your status back to a regular work permit, you would need an approved LMIA.
 

yy_ca_pr

Full Member
Jun 13, 2016
22
0
Update for people who have similar case:
BOWP restoration application was refused. I requested the GCMS Note the reason is:
restoration onto a bridging open work permit is not possible and as such, client does not meet the criteria for a bridging open work permit. Application refused;...

So to be safe, once you lose status a worker with open work permit, apply Visitor Record restoration.
 

devnill

Hero Member
Dec 5, 2015
256
43
yy_ca_pr said:
Then why the CIC agents said I should apply restoration of work permit?
Because the people who staff the call centre are actually no CIC agents and don't really know what they are talking about.