BOWP got refused, need advice

[nevenj]

Hello,

Today I received letter from CIC saying that my application for Bridging Open Work Permit was refused, because I didn't have AOR when I've sent BOWP application. I did receive AOR several weeks before they made decision and I did provide them with cover letter explaining why I don't have AOR but that didn't help.

I need advice on what to include in application for restoration. Any help would be greatly appreciated.

 

[gladaki]

Hello,

Today I received letter from CIC saying that my application for Bridging Open Work Permit was refused, because I didn't have AOR when I've sent BOWP application. I did receive AOR several weeks before they made decision and I did provide them with cover letter explaining why I don't have AOR but that didn't help.

I need advice on what to include in application for restoration. Any help would be greatly appreciated.

Apply again ASAP with a cover letter stating about first refusal as u dont have AOR at that time. I hope u have 4 month left on ur current WP

 

[nevenj]

My work permit has expired

 

[LPS]

If it's a restoration that means the WP has run out. The operational bulletin 485A that enables the bridging permits does say that it can't be applied to restorations.

What's most concerning is that CIC seems to be inconsistent on this matter. Based upon other anecdotes here, some BOWPs without the inclusion of an AOR were approved, and others were refused, even when the AOR was ultimately issued before the BOWP processing began. Unless there are other factors at play here?

 

[gladaki]

If it's a restoration that means the WP has run out. The operational bulletin 485A that enables the bridging permits does say that it can't be applied to restorations.

What's most concerning is that CIC seems to be inconsistent on this matter. Based upon other anecdotes here, some BOWPs without the inclusion of an AOR were approved, and others were refused, even when the AOR was ultimately issued before the BOWP processing began. Unless there are other factors at play here?

I think its all about variables..did u wrote a good cover letter

 

[iam_toby]

If it's a restoration that means the WP has run out. The operational bulletin 485A that enables the bridging permits does say that it can't be applied to restorations.

Second that!
In the OB it states:

Please note the following foreign nationals do not qualify for a bridging work permit:

-Foreign nationals in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt) situations.
-Foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status.
-Foreign nationals whose work permits are valid for longer than four months and/or already have a new LMO that can be used as the basis for new work permit application
-Foreign nationals applying for a bridging work permit at the port of entry.
-Spouse and dependents of the principal permanent resident applicant.

Doesn't look like you qualify for the BOWP anymore...

 

[iam_toby]

I think its all about variables..did u wrote a good cover letter

It's not up to the cover letter, it's up to the VO assessing the application.
The OB's clearly state that your work permit HAS TO expire in the next four months.
Also, it requires the AOR. If you don't meet those two, and all other requirements then
you don't qualify for the BOWP.
If one still gets it approved it's up to the VO to do so, he/she might check if AOR has been
issued in the mean time or whatnot, but it sure is not his/her responsability to do so.


Its that easy:

You meet the criteria mentioned in the OB - You qualify;
you don't meet the criteria - You don't qualify and all you can do is hope that the VO approves the application.

 

[nevenj]

I'm extremely pissed at CIC these days

Last November I called them twice to check can I apply for FSW AEO as I have permanent full time job and IEC work permit (I work as a software developer). Both times they said yes (Actually I even went in 2011 to local CIC office to ask them about this and lady said yes although she looked like she didn't have a clue about anything). I gathered all the papers and send my application around Christmas. In February 2013 they've send my application back because I didn't signed credit card form and I've chosen wrong Visa Office. I've made new application and mailed it again. At the beginning of April they charged my credit card and on 11th April I got email saying that my application was refused because of the the type of the work permit I have.

Same day I decided to apply for CEC but my IELTS score was too low in Listening and Writing (5.5 from both of them and I needed 6 for NOC A). So I decided to take new exam and I first available date was on 25th of May on Halifax (I live in Ontario). I flew to Halifax to take CELPIP but exam was canceled because of some technical problems. They've managed to put me on first available date in Ontario so I took exam and got good score. I've send my application for PR on 15th June and as my work permit was expiring on 30th June, that day I've send my application for BOWP with included cover letter explaining why I don't have AOR (I've send it by snail mail to get some time while I wait for AOR). If they told me last year I can not apply for FSW because of the type of the work permit I have, I could have applied for CEC when they lowered experience conditions to one year, because at that time I had over 18 months of full time work experience.

On 12th August I received email with AOR and then strange things started to happen, like I couldn't see my status online, not only for CEC PR but also for previous FSW PR application. After several calls and something like 2-3 weeks I finally managed to speak with someone who knows his job, and he realised that someone messed up my dates of birth. All data became visible at the beginning of September.

On 26th of August they made negative decision about my BOWP and send it, but I didn't received it, because it seems it got lost somewhere. So, last Monday I called them asking what is going on with my BOWP application, and guy told me that they've send it at the end of the August and that I should wait for to pass one month from August 26th and call them again. I called them again on 26th of September to have it send again. And today I come home from work and voila, good news

On two occasions, people in their call centre told me that I can apply for restoration of status if my BOWP gets refused, and now I see that their operation bulletin says you can not use it to restore your status

 

[gladaki]

I'm extremely pissed at CIC these days

Last November I called them twice to check can I apply for FSW AEO as I have permanent full time job and IEC work permit (I work as a software developer). Both times they said yes (Actually I even went in 2011 to local CIC office to ask them about this and lady said yes although she looked like she didn't have a clue about anything). I gathered all the papers and send my application around Christmas. In February 2013 they've send my application back because I didn't signed credit card form and I've chosen wrong Visa Office. I've made new application and mailed it again. At the beginning of April they charged my credit card and on 11th April I got email saying that my application was refused because of the the type of the work permit I have.

Same day I decided to apply for CEC but my IELTS score was too low in Listening and Writing (5.5 from both of them and I needed 6 for NOC A). So I decided to take new exam and I first available date was on 25th of May on Halifax (I live in Ontario). I flew to Halifax to take CELPIP but exam was canceled because of some technical problems. They've managed to put me on first available date in Ontario so I took exam and got good score. I've send my application for PR on 15th June and as my work permit was expiring on 30th June, that day I've send my application for BOWP with included cover letter explaining why I don't have AOR (I've send it by snail mail to get some time while I wait for AOR). If they told me last year I can not apply for FSW because of the type of the work permit I have, I could have applied for CEC when they lowered experience conditions to one year, because at that time I had over 18 months of full time work experience.

On 12th August I received email with AOR and then strange things started to happen, like I couldn't see my status online, not only for CEC PR but also for previous FSW PR application. After several calls and something like 2-3 weeks I finally managed to speak with someone who knows his job, and he realised that someone messed up my dates of birth. All data became visible at the beginning of September.

On 26th of August they made negative decision about my BOWP and send it, but I didn't received it, because it seems it got lost somewhere. So, last Monday I called them asking what is going on with my BOWP application, and guy told me that they've send it at the end of the August and that I should wait for to pass one month from August 26th and call them again. I called them again on 26th of September to have it send again. And today I come home from work and voila, good news

On two occasions, people in their call centre told me that I can apply for restoration of status if my BOWP gets refused, and now I see that their operation bulletin says you can not use it to restore your status

Call center dont know a shit

 

[nevenj]

Second that!
In the OB it states:

Doesn't look like you qualify for the BOWP anymore...

Well I didn't let my status expire

 

[iam_toby]

Well I didn't let my status expire

But it expired, right? You said it expired June 30th? So even if it's not your
fault, it expired and you don't hold a valid work permit right now. Correct?

 

[nevenj]

I'm not an English native speaker but for me this sentence

"Foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status."

has a meaning that I didn't do anything about extending my status.

 

[iam_toby]

I'm not an English native speaker but for me this sentence

"Foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status."

has a meaning that I didn't do anything about extending my status.

Well, then let's just take that part:

To be eligible for a bridging WP, the following parameters must be met:

• The foreign national is currently in Canada;
• They have valid status on a WP that is due to expire within 4 months;
• They are the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP;
• They have received a positive eligibility assessment on their PR application under one of the Economic Class programs above; and
• They have made application for an open WP.

Do you have a valid WP that is due to expire within 4 months?

 

[nevenj]

Do you have a valid WP that is due to expire within 4 months?

I know very well what are requirements for BOWP, if I had a valid work permit I wouldn't be pissed at this moment. And I wouldn't need to apply for restoration and probably throw 350 CAD.

I did everything by the book and obeyed all the rules, and yet I got properly screwed by CIC

 

[nevenj]

Does anyone knows are the timelines same for restoration as they are for the extending the work permit