BOWP refused with EE AOR, what now?

[fvidania]

Hello,
This is my situation. I got a message in MyCic saying that my application for the BOWP was refused because of two reasons:

1. [X] You are not eligible for a work permit under AINP since you have not submitted a letter to
CIC, provided by the Province of Alberta, indicating that Alberta intends to nominate you. An email
stating that you have applied for AINP is not sufficient.

2. You are also not eligible for a BOWP either since you do not meet the following: For FSWP
applications, the status of the Ministerial Instructions activity has been set to “Met” or a
positive Final Determination of Eligibility letter or e-mail has been sent.

1. I originally applied for the BOWP based on my Automatic EE AOR. Later on, 2 weeks ago, I got my AINP Certificate. Can I call CIC tomorrow and tell them that I have the AINP and would like to attach it to this application?

2. My ECAS only show Application Received on February 18th, no changes since then.


Next paragraph says:
[X] We also wish to advise you that your temporary resident status expired on 2015/05/31.
(and all the steps to do a Restoration of my status)

At the same time, my company applied for an extension of my work permit based on a LMIA application the day before my work permit was expired (May 21).

My biggest and first question is:

Are we still in Implied Status based on the Extension of Work Permit done by Company's lawyer?

Next questions are:

a. They have closed this BOWP application, can we attach it to it?
b. If we lose the implied status, do we have to restore our status? Can we do it in the border?


PLEASE, HELP, we are a family of three with a little one of 4years old. We've been in Canada for 2.5 years and don't want to leave right now.

Thank you

 

[hope for the best]

Hey
From what I know
As long as you got the AINP certificate that you can apply for a CLOSED WP ...which means it will be a closed WP for your current job cos I believe you got your AINP certificate through that job, right? But you also need to pay 200CAD something to restore your status in Canada.

I think this will be the best shot for you cos the problem you are facing now is you are already out of status. And you can't apply a BOWP if you are already out of status.

Best luck ...

 

[fvidania]

Hey
From what I know
As long as you got the AINP certificate that you can apply for a CLOSED WP ...which means it will be a closed WP for your current job cos I believe you got your AINP certificate through that job, right? But you also need to pay 200CAD something to restore your status in Canada.

I think this will be the best shot for you cos the problem you are facing now is you are already out of status now. And you can't apply a BOWP if you are already out of status.

Best luck ...

Am I really out of status even if my company's lawyer applied for an extension of my work permit?

 

[DoubleS]

Hello,
This is my situation. I got a message in MyCic saying that my application for the BOWP was refused because of two reasons:

1. [X] You are not eligible for a work permit under AINP since you have not submitted a letter to
CIC, provided by the Province of Alberta, indicating that Alberta intends to nominate you. An email
stating that you have applied for AINP is not sufficient.

2. You are also not eligible for a BOWP either since you do not meet the following: For FSWP
applications, the status of the Ministerial Instructions activity has been set to “Met” or a
positive Final Determination of Eligibility letter or e-mail has been sent.

1. I originally applied for the BOWP based on my Automatic EE AOR. Later on, 2 weeks ago, I got my AINP Certificate. Can I call CIC tomorrow and tell them that I have the AINP and would like to attach it to this application?

2. My ECAS only show Application Received on February 18th, no changes since then.


Next paragraph says:
[X] We also wish to advise you that your temporary resident status expired on 2015/05/31.
(and all the steps to do a Restoration of my status)

At the same time, my company applied for an extension of my work permit based on a LMIA application the day before my work permit was expired (May 21).

My biggest and first question is:

Are we still in Implied Status based on the Extension of Work Permit done by Company's lawyer?

Next questions are:

a. They have closed this BOWP application, can we attach it to it?
b. If we lose the implied status, do we have to restore our status? Can we do it in the border?


PLEASE, HELP, we are a family of three with a little one of 4years old. We've been in Canada for 2.5 years and don't want to leave right now.

Thank you

Check out this link:
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp
I think you should have the company lawyer help you interpret what CIC is saying.

Sorry I couldn't offer more assistance. Good luck!!!

 

[fvidania]

I think you've replied my biggest question.
in that website they say:
Note: If a second application for extension is submitted after the first application and:

A decision was rendered on the first application:

if accepted, then the "new status" applies.
if refused or rejected, and original permit was still valid when 2nd application was sent, then client maintains their "implied status" until a decision is rendered on the 2nd application.
if refused or rejected, and original permit was expired when 2nd application was sent, then client loses their "implied status" and is considered out of status. (The 2nd application would be missing restoration fees & returned to client for being incomplete.)

The underlined one is my case because I applied for the 2nd extension when my work permit was still valid.

 

[hope for the best]

Am I really out of status even if my company's lawyer applied for an extension of my work permit?

Yes maybe you shall ask your company's lawyer and ask him to do an appeal for you to CIC
To see if you can fight for this case... Good Luck

But the worst case is just apply a CLOSED WP cos you already got the AINP nomination, right ?

 

[fvidania]

Yes maybe you shall ask your company's lawyer and ask him to do an appeal for you to CIC
To see if you can fight for this case... Good Luck

But the worst case is just apply a CLOSED WP cos you already got the AINP nomination, right ?

I kinda disagree with you, see my previous post. I'm still under implied status because my second application was sent before my work permit expired.

 

[hope for the best]

I kinda disagree with you, see my previous post. I'm still under implied status because my second application was sent before my work permit expired.

OH sorry my bad
I did not see you did send another application to CIC then you shall be good to go

 

[emma_h_s]

Hello,
This is my situation. I got a message in MyCic saying that my application for the BOWP was refused because of two reasons:

1. [X] You are not eligible for a work permit under AINP since you have not submitted a letter to
CIC, provided by the Province of Alberta, indicating that Alberta intends to nominate you. An email
stating that you have applied for AINP is not sufficient.

2. You are also not eligible for a BOWP either since you do not meet the following: For FSWP
applications, the status of the Ministerial Instructions activity has been set to “Met” or a
positive Final Determination of Eligibility letter or e-mail has been sent.

1. I originally applied for the BOWP based on my Automatic EE AOR. Later on, 2 weeks ago, I got my AINP Certificate. Can I call CIC tomorrow and tell them that I have the AINP and would like to attach it to this application?

2. My ECAS only show Application Received on February 18th, no changes since then.


Next paragraph says:
[X] We also wish to advise you that your temporary resident status expired on 2015/05/31.
(and all the steps to do a Restoration of my status)

At the same time, my company applied for an extension of my work permit based on a LMIA application the day before my work permit was expired (May 21).

My biggest and first question is:

Are we still in Implied Status based on the Extension of Work Permit done by Company's lawyer?

Next questions are:

a. They have closed this BOWP application, can we attach it to it?
b. If we lose the implied status, do we have to restore our status? Can we do it in the border?


PLEASE, HELP, we are a family of three with a little one of 4years old. We've been in Canada for 2.5 years and don't want to leave right now.

Thank you

Your situation sounds very similar to the one I am in. I applied for a BOWP on March 2nd with my automated AOR. My PR application has not seen any progress. The work permit application was refused on May 6th (although I got the official notification on May 14th). I put in a request to reconsider the decision on May 6th (although this was probably pointless) and have not had any response yet.

I also got an AINP nomination just before my closed work permit expired back in March. However, it was only last week that I discovered that I could use this for a closed work permit without needing the LMIA (doh!). The CIC call centre told me that I need the following information to apply for the closed work permit:

Letter from the provincial government (with a certificate number) confirming that you were nominated for permanent residence by the province,
Job offer from an employer based in that province, and
Statement from the province that it has determined that all factors required for the issuance of a work permit as per its agreement with Canada have been met, and identifying the occupation and employer information.

I have requested a letter of support from AINP and was told this is normally looked at quickly (around a week).

Both the AINP and CIC agents said that the work permit application should be made online when I asked if the work permit could be issued at the border. However the AINP agent did add that "I could try going to the border but it isn't something they recommend". If I get the letter of support I will go to the border and try my luck as I would like to avoid having to wait the 68 days for the work permit processing as I'm out of status and can't work.

Good luck with getting your situation sorted out!

 

[princesitangkulot03]

Hello,
This is my situation. I got a message in MyCic saying that my application for the BOWP was refused because of two reasons:

1. [X] You are not eligible for a work permit under AINP since you have not submitted a letter to
CIC, provided by the Province of Alberta, indicating that Alberta intends to nominate you. An email
stating that you have applied for AINP is not sufficient.

2. You are also not eligible for a BOWP either since you do not meet the following: For FSWP
applications, the status of the Ministerial Instructions activity has been set to “Met” or a
positive Final Determination of Eligibility letter or e-mail has been sent.

1. I originally applied for the BOWP based on my Automatic EE AOR. Later on, 2 weeks ago, I got my AINP Certificate. Can I call CIC tomorrow and tell them that I have the AINP and would like to attach it to this application?

2. My ECAS only show Application Received on February 18th, no changes since then.


Next paragraph says:
[X] We also wish to advise you that your temporary resident status expired on 2015/05/31.
(and all the steps to do a Restoration of my status)

At the same time, my company applied for an extension of my work permit based on a LMIA application the day before my work permit was expired (May 21).

My biggest and first question is:

Are we still in Implied Status based on the Extension of Work Permit done by Company's lawyer?

Next questions are:

a. They have closed this BOWP application, can we attach it to it?
b. If we lose the implied status, do we have to restore our status? Can we do it in the border?


PLEASE, HELP, we are a family of three with a little one of 4years old. We've been in Canada for 2.5 years and don't want to leave right now.

Thank you

When did you apply for BOWP using your EE AOR?
When did you submit complete docs for EE?
Sorry for all question coz I'm also waiting for the result from CIC...I also apply wp using EE aor last March 20...
So nervious right now...

 

[mannual]

how to submitted additional document . i got AINP nomination . but i submitted BOWP using automatic AOR, before AINP nomination come now i want to add AINP nomination to support my BOWP ONLINE application but how can someone help

 

[Novem]

how to submitted additional document . i got AINP nomination . but i submitted BOWP using automatic AOR, before AINP nomination come now i want to add AINP nomination to support my BOWP ONLINE application but how can someone help

Manual do you mind if I ask?? When did you apply for AINP and when you status will get expire?