BOWP Not an Option Anymore - Help!

[Yakisoba_S]

Oh dear, I hope this is a misunderstanding, otherwise, I've some bad news. Here's the problem - your OCWP is only valid for 90 days after you leave the program (graduate/stop registering). You are required to either surrender the OCWP or apply for a Post-graduate work permit (PGWP). Once you complete your degree program, you have a maximum of 3 months to apply for the PGWP. It sounds like you didn't do that...? The implications are, that most of your work experience was unauthorized.

Again, thanks for the response. I am so impressed by the people on this board who are so knowledgeable and willing to help out, and I just wish I'd found this resource much sooner and saved myself a world of grief. In response to your question, the work was definitely authorized, by a senior case officer at CBSA who reviewed my file when this issue came up on crossing the border in December of 2012. I'm not comfortable sharing more than that here (feel free to shoot me a PM if you want), but I've got it in writing on official letterhead that I was allowed to carry on with the same status until November 30, 2013. So at least that part I feel okay about, and my immigration lawyer also assured me that the work qualified (OTOH, he also recommended sending work/study permit renewals through Sydney, so . . .). If it did come up in the context of my CEC application, which I highly doubt it would, I'd have excellent grounds to support me. Also, when my original application came back in mid-December, the only thing they mentioned in their letter as being amiss was the lack of an IELTS test, and I know from all the check marks that they went over everything with a fine-toothed comb. Here's to hoping!

So, where does that leave me in terms of restoration? I know that I'm basically at the mercy of whoever happens to be reading my explanation/extenuating circumstances, so it's just a matter of choosing visitor or student on the form, and praying to God my new passport gets here on the double! Right now I'm stressed to the max and looking to keep things as simple as I can (probably doesn't help that I've had that old Phil Collins song "It's No Fun Being an Illegal Alien" stuck in my head all day). I'm assuming that I would try to restore to my student status?

Aiyaiyai.

 

[Yakisoba_S]

One small piece of good news is that I've just tracked my US passport online, and it's already been mailed by priority mail. Should arrive here on the 16th, and I've got until the end of this month to apply for restoration. Phew!

 

[scylla]

So, where does that leave me in terms of restoration? I know that I'm basically at the mercy of whoever happens to be reading my explanation/extenuating circumstances, so it's just a matter of choosing visitor or student on the form, and praying to God my new passport gets here on the double! Right now I'm stressed to the max and looking to keep things as simple as I can (probably doesn't help that I've had that old Phil Collins song "It's No Fun Being an Illegal Alien" stuck in my head all day). I'm assuming that I would try to restore to my student status?

You're no longer a student. So I don't think that's the right option because you have no grounds for extending your study permit and have long since convocated. I would go with visitor - but that's just my guess. What does your lawyer recommend? And yes - you are at the mercy of whoever happens to be processing your application.

I have to agree with jes_ON. Your situation is extremely non-standard since continuing to work on the off campus work permit this long after you finished your studies isn't allowed. It's good you have proof that this was approved in your case. Since your case is so non-standard, I think it's going to be very difficult for any of us to provide guidance - whatever we say will just be a guess.

 

[jes_ON]

the only thing they mentioned in their letter as being amiss was the lack of an IELTS test, and I know from all the check marks that they went over everything with a fine-toothed comb. Here's to hoping!

That process only checks to see if your application is complete, it does not evaluate your application in any way.


So, where does that leave me in terms of restoration? I know that I'm basically at the mercy of whoever happens to be reading my explanation/extenuating circumstances, so it's just a matter of choosing visitor or student on the form, and praying to God my new passport gets here on the double! Right now I'm stressed to the max and looking to keep things as simple as I can (probably doesn't help that I've had that old Phil Collins song "It's No Fun Being an Illegal Alien" stuck in my head all day). I'm assuming that I would try to restore to my student status?

I'm not sure on what grounds you'd restore student status. You're long past the eligibility period for a PGWP, that would have been your best option. For a closed work permit, you'd need an LMO from an employer. You could apply to restore as a visitor, but no work would be permitted, so I don't know if that's an option for you.

It's not entirely clear that CIC will give too much credence to a letter from the CBSA that does not follow CIC rules. I'm glad you have a lawyer, but given the bad advice you've already gotten, I'm at a loss. Find another? Or at least a second opinion?

A total "hail mary" would be to try to apply for a PGWP now, with a groveling cover letter explaining the confusion (give a copy of the CBSA letter), etc. It's probably throwing away the restoration/application fee, and worse, could alert CIC to your status issues and earn you a request to leave the country (although that would likely be true for any attempt to restore). But I've seen some merciful acts as well.

The lesson - even if you have a representative/lawyer/consultant, YOU have to know the rules, since it is YOUR life that will be ruined if they screw up.

 

[jes_ON]

You mentioned that you have a willing employer. Do you know your NOC code? I ask because if your employer is willing, he/she could apply for the LMO (if they have enough time), and you could then submit your application for restoration/temporary work permit with "LMO pending." (Technically that's not allowed either). The NOC somewhat determines what steps your employer would have to take to demonstrate recruitment efforts before applying for the LMO. Likely there's not enough time to squeak in under the "restoration" period, but...

A better bet would be to restore/change to visitor, have your employer apply for an LMO, and hope it comes thru in less than 4 months...

 

[scylla]

It's not entirely clear that CIC will give too much credence to a letter from the CBSA that does not follow CIC rules. I'm glad you have a lawyer, but given the bad advice you've already gotten, I'm at a loss. Find another? Or at least a second opinion?

I'm with much with jes_ON on this one. Please please get a second opinion. Your current lawyer has given you pretty poor / incorrect direction so far.

I also share jes_ON's concern that CIC will not exempt you from the rules. What has happened to you is so non standard and contrary to the rules that I struggle to believe you won't run into some kind of problem sooner or later with your CEC application. If you do run into issues, you'll want a good laywer by your side and the lawyer you have now clearly isn't the one.

 

[Yakisoba_S]

Thank you everyone! Today I received my AOR. I am just so relieved and excited, as I had so feared that my application would be refused. Great news!

This still leaves me in a pickle with the work situation; however, I may be able to apply for an open work permit under NAFTA, which doesn't require an LMO. Of course, I still have to go through the restoration process, but thankfully my company is backing me 100% and ready to do whatever they can to get me back in the classroom. Does anyone have any advice or input about NAFTA applications?

Again, I'm so grateful for all the feedback, and really thrilled that I can share some positive news today. Not out of the woods, but at least it's not another returned application! Phew! ;D

 

[jes_ON]

This still leaves me in a pickle with the work situation; however, I may be able to apply for an open work permit under NAFTA, which doesn't require an LMO. Of course, I still have to go through the restoration process, but thankfully my company is backing me 100% and ready to do whatever they can to get me back in the classroom. Does anyone have any advice or input about NAFTA applications?

Probably the best source of info on NAFTA exemptions is the Foreign Workers Manual -
http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/fw/fw01-eng.pdf

See Appendix G, esp. pp 162-166 for occupations that are eligible under NAFTA.

 

[Yakisoba_S]

Thanks for the heads-up, jes_ON! Will keep you guys posted as things unfold.

 

[ChocolateisOkay]

Lucky for you,... Apply for the BOWP and then from then get your study permit. Then catch up on your classes. This is pretty much identical to my situation only luckier and better. All the best Yakisoba.

 

[Yakisoba_S]

Just an update to my (unique) situation. I spoke to another lawyer this afternoon who's affiliated with this website. Based on this conversation, I'm going to do the following:
-Leave Canada with my American daughter before our 90-day restoration period expires on February 28
-Spend two days in the US exploring alternative employment, just in case
-Come back through the Canadian border on Thursday, with a NAFTA-approved job offer, including all the necessary documentation
-Have at the ready copies and receipts for the extension applications/payment which were filed *before* my expiration of status so that if the previous overstay comes up (as it likely will), I can explain what happened.

From what I understand and have read, leaving Canada automatically corrects overstay problems. The issue at hand is what will happen coming back in attempting to get a *new* work visa. How much weight will the officer give to the fact that I overstayed my previous permit, relative to a fully-qualified new NAFTA app? How receptive will they be to the documentation that shows I made timely applications for extensions, but they were misdirected? However, applying for restoration just isn't feasible for me, as A) there's no guarantee it would work B) it could take up to 4 months, and I can't be out of work for 4 months and C) I'd be unable to leave Canada during those 4 months to go to job interviews elsewhere.

So, even if all I'm able to get coming back in is a Visitor's visa, at least then I could come and go freely to look for work outside Canada while giving me time to get my affairs in order here.

Any feedback or input would be most welcome.

 

[jes_ON]

Sounds like a very well-thought out plan. Some VOs might hassle you about staying past the expiration date (not all will), but you have your documentation to explain what happened, and in any case you were within the 90 day "grace" period. It may not be pleasant, but if should not be a barrier to your return.

I gather you believe you are eligible under the NAFTA exemptions, so that's good news. As well, it sounds like you are focused now on the immediate residency problems (as you should be), but if/when you get those resolved, you should probably discuss the CEC application with the same lawyer...

 

[Yakisoba_S]

Sounds like a very well-thought out plan. Some VOs might hassle you about staying past the expiration date (not all will), but you have your documentation to explain what happened, and in any case you were within the 90 day "grace" period. It may not be pleasant, but if should not be a barrier to your return.

I gather you believe you are eligible under the NAFTA exemptions, so that's good news. As well, it sounds like you are focused now on the immediate residency problems (as you should be), but if/when you get those resolved, you should probably discuss the CEC application with the same lawyer...

Thank you, jes_ON. I got my employer's offer of employment this afternoon and headed through the border overnight, with some local stops tomorrow just to keep my Plan B open in case something comes up at the border. I have all the documents I believe I need, but now I'm wondering if there's anything I've forgotten? From everything I've read, I don't need to fill out an application for a work visa, just bring with me my offer of employment, passport, and supporting professional/academic documentation. Does anyone know of anything else? Since I've already paid the fee for a work visa (back at the end of last October), I'm hoping they will waive this.

Now the question is what documentation I need for my 15 year-old American daughter, who is accompanying me. I've got her passport and school records, plus all the prior CIC fees and paperwork that was directed earlier. I don't know if I need anything else? Again, fees for her student visa were already paid last October, but I don't know if those fees apply under NAFTA. Can anyone advise?

Feeling very anxious and hoping all goes well tomorrow, but one thing's for sure, waiting 4 months for an answer about restoration just wasn't an option for me. Either way, I'll have my answer tomorrow.

And yes, of course I will get advice about the CEC application. I really hope it's not back to the drawing board, but I need to get my ducks in a row (again) just in case.

Thank you again for the input, and wish me luck. <fingers crossed>

 

[Yakisoba_S]

One more thing: does anyone have any idea which might be the best border crossing in BC's lower mainland? The obvious choice is Peace Arch, but it's super busy. Would another crossing be simpler, or can all crossings even do POE work visas? Grateful for any feedback.

 

[Yakisoba_S]

Just to update you all, I crossed through at Peace Arch yesterday and received a one-year renewable NAFTA work permit. I won't say it was a pleasant experience, but it wasn't horrible, either. When the subject of applying for restoration came up, the guard told me in no uncertain terms that it isn't just a free 90-day pass for you to drag your heels, implying that I should have decided what to do much sooner. I explained my reasons and the extreme family circumstances, but he still told me I shouldn't have waited so long. At that point, I simply apologized and thanked him for his consideration, then waited on the bench with my daughters as we all got ready to head back to Bellingham.

After about half an hour, he called us back over to the counter, and I could see the permits stapled into our passports, and I got a bit teary. He said considering everything it made more sense to issue the work permit, but another officer might not have done so. He said I was wise to bring in all the documentation showing my timely submissions and payments and correspondence with CIC, then sent me over to the cashier to pay for the permit. From the time we drove up to the time we left was a little under an hour, and we didn't have to fill out any permit application forms.

So--I am now cleared to return to work, without having to wait 4 months for an answer, and without having had to pay a $400 restoration fee. More, the $275 I previously paid for my work permit and daughter's study permit will now be refunded to me. Today I am feeling so relieved, it's hard to put it into words.

The clear message I'm taking away from yesterday's experience is that the border guards really do have the power to decide how things are going to fly. Of course they have to follow the Act, but within that Act, they have a lot of discretion. I hope I never have to experience anything like that again, but being extremely well-documented was my saving grace, along with having two very polite and respectful daughters by my side.

Now it's time to unravel the longer-term issue, and for this I will definitely consult my new lawyer. Thank you everyone for your input. I'm happy that I can share positive news today, and wish you all a wonderful weekend.