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BOWP refused. Active PR application.

BOWPR

Full Member
Dec 12, 2015
20
0
Hello All. I would be grateful of some advice.

I've recently received notification that my application for a BOWP has been refused. The reason given for my refusal is because the eligibility of my application for PR has been set to 'failed'.

Trouble is my PR application is still open and not set to failed. I'm applying for PR through an immigration lawyer so I don't have all the specifics at hand. I paid the RFRP fee a couple of months ago and since then according to my lawyer there's been no change to my PR application. It's currently under review.

Last year I applied for PR but I was one of the unlucky ones who had the application sent back because the quota had been filled (Before express entry). I am thinking this might have something to do with it?

I have been advised to just apply for restoration of status and sit and see what happens with my PR. I can no longer work but I'm not sure if I can afford to wait it out here and for how long it will be.

Has anyone appealed against a BOWP decision? Is it even possible? Thanks.
 

PK_11

Hero Member
Sep 18, 2014
420
30
Visa Office......
SYDNEY, NS
NOC Code......
2171
App. Filed.......
14-03-2016
Doc's Request.
16-09-2016 (RPRF)
Nomination.....
01-02-2016
AOR Received.
12-04-2016
IELTS Request
Not Required
Med's Request
10-03-2017
Med's Done....
Waiting
Interview........
Not Reqd as of now
Passport Req..
Waiting
VISA ISSUED...
Waiting
LANDED..........
InLand Applicant
If your PR application is failed, than that might be reason for ur BOWP failure. Wait for PR refusal reason(if it is refused) or you can apply visitor visa based on AOR of your PR application. But before taking this step, it will be nice to get clear reason of your Refusal, else visitor visa might get refused.
 

adi1989

Hero Member
Jan 11, 2015
301
7
Job Offer........
Pre-Assessed..
Can you please share your timeline bud.
It would be helpful.

Also share bowp timeline!!
 

BOWPR

Full Member
Dec 12, 2015
20
0
Thanks guys.

I haven't paid much attention to the exact dates because I'm using an immigration lawyer. I'll try my best to give an idea.

ITA July 2015
AOR Sept 2015
Applied for BOWP Sept 2015
RPRF requested and paid Oct 2015
BOWP refused Dec 2015
 

Elitelove87

Full Member
Sep 19, 2015
34
0
Category........
Visa Office......
CPC-Ottowa
NOC Code......
4214
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2015
Doc's Request.
Celpip
Nomination.....
July-9-2015
AOR Received.
20-08-2015
Were those the exact words in the letter, that eligibility was set ro fail or was it worded differently?

BOWPR said:
Hello All. I would be grateful of some advice.

I've recently received notification that my application for a BOWP has been refused. The reason given for my refusal is because the eligibility of my application for PR has been set to 'failed'.

Trouble is my PR application is still open and not set to failed. I'm applying for PR through an immigration lawyer so I don't have all the specifics at hand. I paid the RFRP fee a couple of months ago and since then according to my lawyer there's been no change to my PR application. It's currently under review.

Last year I applied for PR but I was one of the unlucky ones who had the application sent back because the quota had been filled (Before express entry). I am thinking this might have something to do with it?

I have been advised to just apply for restoration of status and sit and see what happens with my PR. I can no longer work but I'm not sure if I can afford to wait it out here and for how long it will be.

Has anyone appealed against a BOWP decision? Is it even possible? Thanks.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
BOWPR said:
Hello All. I would be grateful of some advice.

I've recently received notification that my application for a BOWP has been refused. The reason given for my refusal is because the eligibility of my application for PR has been set to 'failed'.
...

Last year I applied for PR but I was one of the unlucky ones who had the application sent back because the quota had been filled (Before express entry). I am thinking this might have something to do with it?

It would have nothing to do with a returned application - it never got entered.

You have to contact CIC and request clarification. Sometimes they make errors. If they made an error, I'm not sure if they will re-open a BOWP application, but at least you will know before you re-apply.
 

BOWPR

Full Member
Dec 12, 2015
20
0
Thanks guys. Yes those are the exact words. PR Eligibility has been set to failed. Its confusing because as mentioned, my PR application is still under review. No new updates since I paid the requested RPRF.

I've thought about calling or asking my lawyer to call, figured it was best to wait a few more days to see if they update my PR application.

Is it possible to apply for BOWP a 2nd time?
 

JK_CAD

Hero Member
Jul 10, 2015
412
27
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2174
App. Filed.......
30-Jul-2015
Doc's Request.
10-Sep-2015 (Chest X-Ray)
Nomination.....
N/A
AOR Received.
31-Jul-2015
IELTS Request
N/A
File Transfer...
N/A
Med's Request
08-Aug-2015
Med's Done....
09-Oct-2015
Interview........
Not Required
Passport Req..
30-Dec-2015
VISA ISSUED...
12-Jan-2016
LANDED..........
16-Jan-2016
Sorry to hear this. I would not recommend to apply for another BOWP before you have confirmed that your PR is failed or it's a mistake on their end and they will re-open your PR application. I hope it should be the latter case.

They will reject the 2nd BOWP since it is based on the PR application.
 

AAA2133

Hero Member
Dec 17, 2014
647
67
Ottawa
Category........
Visa Office......
Ottawa
NOC Code......
2133
Job Offer........
Pre-Assessed..
App. Filed.......
28-09-2015
Doc's Request.
NA
Nomination.....
NA
AOR Received.
28-09-2015
IELTS Request
Upfront
File Transfer...
21-10-2015
Med's Request
Upfront
Med's Done....
24-09-2015
Interview........
NA
Passport Req..
24-02-2016
VISA ISSUED...
10-03-2016
LANDED..........
11-03-2016
BOWPR said:
Thanks guys.

I haven't paid much attention to the exact dates because I'm using an immigration lawyer. I'll try my best to give an idea.

ITA July 2015
AOR Sept 2015
Applied for BOWP Sept 2015
RPRF requested and paid Oct 2015
BOWP refused Dec 2015
If you've been asked for RPRF, it means that you already passed the eligibility criteria. It's not clear to me what has happened to your case.

Best would be to send CSE and ask for an explanation.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
BOWPR said:
Is it possible to apply for BOWP a 2nd time?
From one of your previous posts, it sounds like your previous work permit has already expired, so you are no longer eligible for the BOWP.

I wouldn't wait - contact your lawyer immediately...
 

gorkhethito

Hero Member
Mar 23, 2015
219
5
Category........
NOC Code......
6212
Job Offer........
Pre-Assessed..
App. Filed.......
31 Aug
AOR Received.
31 Aug
jes_ON said:
From one of your previous posts, it sounds like your previous work permit has already expired, so you are no longer eligible for the BOWP.

I wouldn't wait - contact your lawyer immediately...
bowp os meant to submit after expired work permit or near to expire within 4 months...expired wp doesnt make bowp rejection..you shd have pr application going on and passed r10..
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

gorkhethito said:
bowp os meant to submit after expired work permit or near to expire within 4 months...expired wp doesnt make bowp rejection..you shd have pr application going on and passed r10..
No, your work permit must be valid with less than 4 months to expiry to get a BOWP.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
gorkhethito said:
bowp os meant to submit after expired work permit or near to expire within 4 months...expired wp doesnt make bowp rejection..you shd have pr application going on and passed r10..
Sorry, that is not correct. To be eligible for a BOWP you must:

"have valid status on a work permit that is due to expire within the next four months"

http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

If you fall out of status (e.g. work permit expires), you are no longer eligible.
 

BOWPR

Full Member
Dec 12, 2015
20
0
Thanks to all for your answers.

I managed to get a hold of a CIC call person. I brought up the question about why I was refused BOWP (PR eligibility set to failed) while my PR application is still under review.

As far as they are concerned they have not made any mistake because my PR file contains notes which could possibly lead to my PR application being refused. She couldn't access all my PR file information and didn't elaborate on what was mentioned in the notes. I'm wondering should I of questioned her more on what was noted?

I asked her could I still have a successful PR application even though I was refused BOWP, she said yes. She mentioned how sometimes an application can be reviewed and the deciding officer can have a "change of heart". She also mentioned how no decision has been made as of yet. I asked then how come I have been refused a BOWP on the ground of not being eligible for PR when a PR decision has not even been made? Once again she bring up the notes on my PR file.

She said I should get in contact with those who handle the PR application and send them an email for further clarification. I mentioned how it's still under the 6 month process time would I be wasting my time? Her answer was in this circumstance no.

Still confused by it all.