BOWP refused even after attaching AOR

[LPS]

I think they caught the VO napping. Surely "functional equivalent" isn't a real thing. TFWs whose jobs come to an end are usually compelled to either get a new LMO from a different employer, or to stop work.

From the language in the preamble to OB485-A, it was never really designed to prevent all instances where a PR applicant might have to return home to await the outcome. It seems the main objective of the BOWP is where an employer would have to renew an LMO in order to keep the employee on, where the employee is likely to be approved for PR anyway, so that (a) the employer is spared the hassle of the LMO request, and (b) ESDC is spared from processing it.

But they asked for it anyway, and hats off, they got it 8)

 

[luvcanvisa]

could anyone please tell why would I get an email that my application has been updated when its closed after refusal? looks like they reopened it on my request send to them (question@cic.gc.ca)with more explanation .

has anyone received such email after closure? is it a glitch again?

 

[nskschatten]

But did you pull this off prior to Sept 2013?

January this year. I attached new offer letter and termination letter etc. This was a 50/50 gamble and it worked luckily.
LMO takes around 6months at the moment, very painful

 

[luvcanvisa]

January this year. I attached new offer letter and termination letter etc. This was a 50/50 gamble and it worked luckily.
LMO takes around 6months at the moment, very painful

hey I would like to talk to you please if you dont mind. could you private message me your number if you dont mind please?

 

[mawin]

hey I would like to talk to you please if you dont mind. could you private message me your number if you dont mind please?

As my opinion you should follow the rule will be better and safe.
Don't try to break the rule because your file will be recorded. Please keep your record in positive

 

[LPS]

As my opinion you should follow the rule will be better and safe.
Don't try to break the rule because your file will be recorded. Please keep your record in positive

It's not "breaking a rule" to merely apply for an immigration service you may not be eligible for.

However, the applicant would (probably) not benefit from implied status in this case, as the work permit application was made without legitimate grounds, and besides that it has already been refused.

 

[MenicMonday]

I agree. It's not misrepresentation but more about asking for consideration based on compassionate grounds...

 

[mawin]

It's not "breaking a rule" to merely apply for an immigration service you may not be eligible for.

However, the applicant would (probably) not benefit from implied status in this case, as the work permit application was made without legitimate grounds, and besides that it has already been refused.

Thank you LPS... for correcting my words.

 

[ghatot201]

You should reapply again instead of trying to 'open' an existing case. This way you would ateast have implied status before you qualify for BOWP on May 27. With implied status you can continue working for the new employer.
If they reject again, they would do so only after May 27 (based on current processing times) by when you would qualify for the BOWP under existing rules (4 months). Also I would suggest you apply via regular mail which has a longer processing time.

The 'glitch' that you talk about may be an automated response triggered by that mail you sent to questions@CIC.

 

[LPS]

Implied status wouldn't even kick in until the old permit expires (September 26).

 

[ghatot201]

Implied status wouldn't even kick in until the old permit expires (September 26).

the old permit expires as it is a closed work permit. Once the OP leaves the current employer and joins the client his work permit is no longer valid.

 

[thisisauser]

You should reapply again instead of trying to 'open' an existing case. This way you would ateast have implied status before you qualify for BOWP on May 27. With implied status you can continue working for the new employer.
If they reject again...

Implied status does not apply in this situation. Implied status allows you to work for the same employer under the same conditions post expiry until the new work permit is issued:

Can I keep working if my permit expires?

Yes, if you applied for a work permit extension before your work permit expired, you can keep working until a decision is made on your application.

You must stay in Canada and meet the conditions of your original work permit. For instance, if you have an employer-specific work permit, you must still work for the employer named on that permit.

 

[luvcanvisa]

I re applied on May 28th 2014 so that the 4-month rule is fulfilled and I got my BOWP on June 20 (actual physical letter)

 

[jes_ON]

the old permit expires as it is a closed work permit. Once the OP leaves the current employer and joins the client his work permit is no longer valid.

Termination of employment does not invalidate a closed work permit (which is a temporary resident permit). The holder can remain in the country until the expiry date. It is true that s/he cannot work for a different employer without first obtaining a new work permit.