+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

BOWP refused due to change in processing times??

Pamjo68

Newbie
Sep 14, 2014
6
0
My open bridging work permit has just been refused because the application process took much less time than normal due to the food service industry permits? has this happened to anyone else??
It was refused on 11th August as my pr paperwork was not "recorded" - although was filed mid july. so it looked as if i was not eligible.
within a few days Pr application reached the first stage of acceptance. can anything be done to stop me having to leave the country - hence lose my job and my home because of a few days in processing times ? ??
any help from anyone going through the same thing would be so appreciated
 

scylla

VIP Member
Jun 8, 2010
94,944
21,571
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 needt to apply to restore your status and change your status to visitor if you want to remain in Canada.

Hopefully you have stopped working already since you can no longer work now that the BOWP has been refused and your original work permit is no longer valid (based on your previous posts, it's my understanding your original work permit is no longer valid).

If you haven't stopped working yet, then you need to do so immediately.
 

Pamjo68

Newbie
Sep 14, 2014
6
0
Thanks -can i ask them to look at the bridging open work permit again? is there anyone i can appeal to?
 

scylla

VIP Member
Jun 8, 2010
94,944
21,571
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
Pamjo68 said:
Thanks -can i ask them to look at the bridging open work permit again? is there anyone i can appeal to?
I don't see what there is to appeal. You need to have AOR and also a valid work permit to apply for the BOWP. You took a gamble and applied early before you officially had AOR. You were correctly refused. Reapplying for BOWP isn't possible now since you no longer hold a valid work permit.
 

Pamjo68

Newbie
Sep 14, 2014
6
0
i paid a lawyer to put the paperwork together - so that it would all be done correctly so HE basically took a GAMBLE on whether this would be ok or not??? can't believe he did that without telling me .... he was gambling with my future!
 

scylla

VIP Member
Jun 8, 2010
94,944
21,571
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
Unfortunately it won't make a different to CIC if you technically took the gamble or if your lawyer took the gamble (applicants are held accountable for their applications regardless of whether they use legal representation or not).

Your best option if you don't want to leave Canada is to find an employer who is able to obtain an approved LMIA so that you can then obtain a new work permit.

Good luck.
 

Pamjo68

Newbie
Sep 14, 2014
6
0
thank you for your responses and help. I really appreciate it.
so i would be able to apply for another employer who had an LMIA? i didn't know i could do that. Would that be my only employer - or would i be allowed to continue to work for my current employer too? (but they don't have a LMIA)
 

scylla

VIP Member
Jun 8, 2010
94,944
21,571
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
If your work permit is no longer valid then you can't continue working for your current employer.

Once you get a new work permit based on a new LMIA, this new work permit will only allow you to work for the employer who obtain the LMIA.

So no - you can't continue working for your current employer.
 

scylla

VIP Member
Jun 8, 2010
94,944
21,571
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
But note that if your old work permit is no longer valid then you do need to apply to restore your status within 90 days. If you don't have an approved LMIA by then, you'll also need to apply to change your status to that of a visitor so that you can continue staying in Canada (without working) and look for a job.