BOWP refused for age-dependent child... please help

[milleth082002]

First of all, I would like to inform you guys that BOWP for my husband, OWP for me and TRV (study permit 18 years old child) were approved today but OWP for son (22 years old) denied. We applied for him before (2012) under the Alberta Pilot Program of OWP for age dependent child 18 to 22 years old. According to the refusal letter for my son that he is not eligible to apply for OWP anymore since the Pilot Program already closed. We thought that all dependent (spouse, children) are all entitled to apply for extension of stay either OWP or SP since we have PR application (since June 6, 2013) and just waiting for the PPR. All of our work permits and my daughter study permit were the same as expiry date of my husband Work Permit since he is the principal applicant (Sept 12, 2014).

We applied for BOWP, OWP, SP Aug 8, 2014 and we received the approval by email this afternoon Aug 20 but for my son it was not granted.

My question is what should we apply for my son so he can stay (legally)in Canada while waiting for our PR? or should he needs to go back home in Philippines and wait for the PR? My son is currently working now as Cash Assistant Manager in Shopper, after Sept 12, 2014 it means he can no longer work anymore? Please help me guys....

Thank you in advance for any input.

 

[stray cat]

Same thing happened to us recently....

We applied for owp or bowp on the basis of our PR application and our regular work permits were running out.

Mine was accepted, my wife's was accepted, my two daughters were rejected.....they have had to stop work until our PR is finalised

Apparently the owp or bowp can only be applied to the PR principal applicant and spouse, not dependents. At least that's what they told us

Sorry this may not help, but you are not alone in this.

 

[milleth082002]

Same thing happened to us recently....

We applied for owp or bowp on the basis of our PR application and our regular work permits were running out.

Mine was accepted, my wife's was accepted, my two daughters were rejected.....they have had to stop work until our PR is finalised

Apparently the owp or bowp can only be applied to the PR principal applicant and spouse, not dependents. At least that's what they told us

Sorry this may not help, but you are not alone in this.

Oh no we are the same, so what did you apply just to stay legally here in Canada for your daughters? When we called this afternoon to CIC about this they told us that my son's employer since he is currently working can apply for a LMIA then he can apply for extension of his own work permit or he can apply for restoration. But my question is while waiting for the approval of Restoration Work Permit, do you think our PR will not be affected since he lost status already to stay? Or do we need to apply immediately for IMM5708 (application to stay, extend stay as visitor or TRV)? I read in another topic that they applied for this form for their child instead of using IMM5710E (OWP) and it was approved.

Maybe any input as well from experts please...

 

[stray cat]

Well, my youngest daughter is taking time out to go back to UK to visit family and friends. We checked with CIC and they said this would be ok.

My older daughter wants to stay here so they said we have 90 days to apply for restoration. Will not affect anything they said.

Crazy thing is, we have recently done our medicals so (hopefully) do not have long for PR confirmation. I don't understand why we would not all be covered for work permits....the whole paperwork chase is just so confusing to me.

Hope you get everything sorted milleth082002

Yes, some experience or expert input would be good if anyone can add their knowledge

 

[milleth082002]

Well, my youngest daughter is taking time out to go back to UK to visit family and friends. We checked with CIC and they said this would be ok.

My older daughter wants to stay here so they said we have 90 days to apply for restoration. Will not affect anything they said.

Crazy thing is, we have recently done our medicals so (hopefully) do not have long for PR confirmation. I don't understand why we would not all be covered for work permits....the whole paperwork chase is just so confusing to me.

Hope you get everything sorted milleth082002

Yes, some experience or expert input would be good if anyone can add their knowledge

Yes! thank you for your input, I really appreciate for your patience with me and for asking so many questions. I read the Restoration of Work Permit, one of the requirement is the positive LMIA from employer so it means that his current employer need to apply for his LMIA because previously he has no LMIA since he is holding an OWP thus his employer never applied for LMIA before. Can he apply restoration work permit without LMIA?

 

[stray cat]

Yes! thank you for your input, I really appreciate for your patience with me and for asking so many questions. I read the Restoration of Work Permit, one of the requirement is the positive LMIA from employer so it means that his current employer need to apply for his LMIA because previously he has no LMIA since he is holding an OWP thus his employer never applied for LMIA before. Can he apply restoration work permit without LMIA?

No worries milleth I am just sorry that I cannot help you more.

We were told that my daughters would need LMIA from their employers before applying for another work permit

 

[milleth082002]

No worries milleth I am just sorry that I cannot help you more.

We were told that my daughters would need LMIA from their employers before applying for another work permit

Thank you again stray cath!

 

[canuck_in_uk]

All of our work permits and my daughter study permit were the same as expiry date of my husband Work Permit since he is the principal applicant (Sept 12, 2014).

My question is what should we apply for my son so he can stay (legally)in Canada while waiting for our PR? or should he needs to go back home in Philippines and wait for the PR? My son is currently working now as Cash Assistant Manager in Shopper, after Sept 12, 2014 it means he can no longer work anymore?

If his OWP is valid until Sept 12th, then he doesn't need to apply for restoration. Prior to that date, he needs to submit an app to change conditions and extend his stay as a visitor. This will allow him to legally stay in Canada, though he must stop working once his OWP has expired.

Separately from that, his employer can apply for an LMIA. It will cost the employer $1000 to apply and there are many strict conditions that the employer must meet to get approval. If the LMIA is approved, your son can then apply for a closed work permit.

 

[jes_ON]

First of all, I would like to inform you guys that BOWP for my husband, OWP for me and TRV (study permit 18 years old child) were approved today but OWP for son (22 years old) denied. ... We applied for BOWP, OWP, SP Aug 8, 2014

Sad but true -
http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
Dependent children of a permanent residence applicant in any of these economic classes must obtain an LMIA or have an LMIA exemption based on their specific situation in order to apply for a work permit.

ALSO -
http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp
Effective August 1, 2014, the definition of a dependent child is changing for Citizenship and Immigration Canada’s (CIC’s) immigration programs. The age at which a child will be considered a dependant is being reduced, from under 22 to under 19. . .

 

[milleth082002]

If his OWP is valid until Sept 12th, then he doesn't need to apply for restoration. Prior to that date, he needs to submit an app to change conditions and extend his stay as a visitor. This will allow him to legally stay in Canada, though he must stop working once his OWP has expired.

Separately from that, his employer can apply for an LMIA. It will cost the employer $1000 to apply and there are many strict conditions that the employer must meet to get approval. If the LMIA is approved, your son can then apply for a closed work permit.

That is what we are planning to apply extension to stay as a visitor just to remain his status since qe are waiting for PR and also that is what the CIC told us by phone or his present employer can apply LMIA and he apply for a close work permit while waiying for the PR. Thank you for all your inputs.

 

[milleth082002]

Sad but true -
http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
Dependent children of a permanent residence applicant in any of these economic classes must obtain an LMIA or have an LMIA exemption based on their specific situation in order to apply for a work permit.
Well, sad to say IM not really aware about ghis new regulation which was publishednonly last mid june 2014. If only I knew it we secure from my son's current employer a request of LMIA because they are willing to apply but we just rely that all ofnus will granted for owp, bowp and study permit because of the on going process of our PR application.
ALSO -
http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp
Effective August 1, 2014, the definition of a dependent child is changing for Citizenship and Immigration Canada's (CIC's) immigration programs. The age at which a child will be considered a dependant is being reduced, from under 22 to under 19. . .

Do you think our current PR application will be affected by this? When we applied last june 2013, my son is only 21 years old and upon reading the article I think our PR will not be affected esp my son by this. Please correct me if I'm wrong with my understanding.

 

[jes_ON]

Do you think our current PR application will be affected by this? When we applied last june 2013, my son is only 21 years old and upon reading the article I think our PR will not be affected esp my son by this. Please correct me if I'm wrong with my understanding.

No, you are correct, the PR application will not be affected. New applicants after August 1 will be affected, however.

 

[eltal2013]

The age of the dependent child is locked in at the date of the application so if you applied before August 1, 2014, your son will be considered as still your dependent child.

 

[milleth082002]

The age of the dependent child is locked in at the date of the application so if you applied before August 1, 2014, your son will be considered as still your dependent child.

thank you for your input, as of now my son' s extension to stay as visitor has been approved for 1 year and he already stop working while waiting for our DM. One more question, is it safe for us to make another follow up to our local MP regarding our status since 15 months passed for our application. Last update of ecas july 2014 medical received only.

 

[dquibs]

any update on this. who have their PR granted with dependent child as visitor ,, does it affect PR or does the child need to show he is studying. What if he/ she ran out of status while waiting for PR