BOWP refused

[nikkit]

hi, today i received an email from CIC that my "work permit" has been refused.

it seems like the officer did not understand i am in the middle of processing my PR application and am applying for a bridging open work permit.

any ideas or help on what i should do?

this is the letter.

This letter refers to your application for work permit.
Your application as requested is refused.
After considering all the circumstances of your case, it has been determined that you are not a
person whose employment will create or maintain significant employment, benefits or
opportunities for Canadian citizens or permanent residents.
Foreign students in Canada are eligible for a work permit for post-graduation employment on a
one-time confirmation exemption that cannot be used again following the completion of any
subsequent courses of study. You were formerly issued a work permit for post-graduation
employment on 02Jun2013 and as such you are not eligible for another work permit in this
category.

 

[yahoo7]

Did you meet all the below conditions?

The foreign national is currently in Canada;
They have valid status on a WP that is due to expire within 4 months;
They have received a positive eligibility decision on their PR application under one of the Economic Class programs above; and
They have made application for an open WP.

 

[seton]

You were formerly issued a work permit for post-graduation
employment on 02Jun2013 and as such you are not eligible for another work permit in this
category.

Looks like you were assessed under an application for another PGWP rather than the BOWP category - you should check that you filled out your application correctly. If you did, you should consider appealing the decision identifying that your application for the work permit was considered under the wrong category.

 

[cj308]

Hi guys, I want to apply for Bridging Open Work Permit. i have a few question, which are as: If anyone has got the BOWP and aware about filling up the form, could you please let me know as well.

1. whether am eligible to apply for Bridging Open Work Permit or not?
Note: My online Canadian Experience Class PR Application status = Application Received. They received my application on 1st march. And I have a confirmation mail from Centralized Intake Office with my Applicaiton no. and acknowledge of fee payment of CEC.

2. As of now, am in Work Permit ( close work permit ) and working and my contract with company is going to expire on 31st July 2013 along with my work permit and visa. While filling the form IMM5710E (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker)

a. What should i choose from below?
i. A work permit with the same emploer
ii. Restoration of temporary resident status as worker
iii. A work permit with a new employer
iv Initial Temporary Resident permit or extension of temporary resident permit.

b. Do i have to provide present Employer detail on "Details of Intended Work in Canada", as my contract is going

to expire on 31st July and applying for Open Work Permit.


3. Do my spouse to fill separate form. As of now, she is with me in Visitor?


cj308

 

[nikkit]

Looks like you were assessed under an application for another PGWP rather than the BOWP category - you should check that you filled out your application correctly. If you did, you should consider appealing the decision identifying that your application for the work permit was considered under the wrong category.

thanks, i think that is what happened. i don't know how they managed to mess this up lol.

how do i appeal the decision? do i call CIC? because there is no email address for me to communicate to them. THANKS so much for your reply!

 

[CEC2013]

Hi guys, I want to apply for Bridging Open Work Permit. i have a few question, which are as: If anyone has got the BOWP and aware about filling up the form, could you please let me know as well.

First off, sorry to hear you got denied nikkit! Not sure how they got confused or if you included an explanation letter...but word to the wise, this is obviously a good idea, as it clearly states what it is you want.

@ cj
Q1. Email confirmation from CIC is your AOR, and so yes, that eligibility is fulfilled.
Q2. Your permit is expiring within 4 months and you are presently in Canada - criteria fulfilled.
a. I received my BOWP - I put i. and iii. and had no problems (open work permit can be applicable under both)
b. Do NOT provide present employer details (I did not), as it may cause confusion. Wherever it is asking for employer information you can just write "not applicable" and "not applicable - BOWP"
c. Honestly, dont know. Maybe someone else can answer this.

**Highly recommend including your AOR (email confirmation from CIC) and an explanation letter about what your are applying for. Hope that helps...

 

[CEC2013]

thanks, i think that is what happened. i don't know how they managed to mess this up lol.
how do i appeal the decision? do i call CIC? because there is no email address for me to communicate to them. THANKS so much for your reply!

Not sure if this helps. Just went on to CIC website and searched for work permit appeal...came up with this.

Can I appeal a decision on a work permit application?
Under Canada's Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident decisions. Instead, you can reapply. If possible, a different officer will examine the application.

You can also ask for a judicial review through the Federal Court of Canada, if you think the process was not fair. A lawyer in Canada would act on your behalf.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=180&t=17

 

[canadacec2012]

Hi guys, I want to apply for Bridging Open Work Permit. i have a few question, which are as: If anyone has got the BOWP and aware about filling up the form, could you please let me know as well.

1. whether am eligible to apply for Bridging Open Work Permit or not?
Note: My online Canadian Experience Class PR Application status = Application Received. They received my application on 1st march. And I have a confirmation mail from Centralized Intake Office with my Applicaiton no. and acknowledge of fee payment of CEC.

2. As of now, am in Work Permit ( close work permit ) and working and my contract with company is going to expire on 31st July 2013 along with my work permit and visa. While filling the form IMM5710E (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker)

a. What should i choose from below?
i. A work permit with the same emploer
ii. Restoration of temporary resident status as worker
iii. A work permit with a new employer
iv Initial Temporary Resident permit or extension of temporary resident permit.

b. Do i have to provide present Employer detail on "Details of Intended Work in Canada", as my contract is going

to expire on 31st July and applying for Open Work Permit.


3. Do my spouse to fill separate form. As of now, she is with me in Visitor?


cj308

Refer below two links , your questions should be answered

http://www.canadavisa.com/canada-immigration-discussion-board/tips-for-a-successful-bowp-application-t147650.0.html
http://www.canadavisa.com/canada-immigration-discussion-board/bowp-how-many-of-you-have-applied-and-received-it-successfully-t139027.0.html

 

[nikkit]

thanks for your replies..

i called CIC and the agent told me once an application for WP is refused, they cannot do anything about it..

now my PGWP has expired (june 3) and i have to apply for a restoration of status within 90 days.. and i have to stop working..

they told me restoration of status application takes 5 months.. but i am hoping my PR would be completed by then!!

i don't know what to do now, help!?

 

[terki]

NIKKIT,

Dont waste time and money on legal stuff.

re-apply for bowp and as others rightly stated - include AOR copy and fill out forms correctly, u r then implied status to be continued to work ..

meanwhile do u have travel history and when is ur ecas medical line, and which vo pl

 

[nikkit]

NIKKIT,

Dont waste time and money on legal stuff.

re-apply for bowp and as others rightly stated - include AOR copy and fill out forms correctly, u r then implied status to be continued to work ..

meanwhile do u have travel history and when is ur ecas medical line, and which vo pl

thank you. but i still have to apply to restore my status since my PGWP has expired (just this monday!). that means $200 + another $150 for BOWP app.

i guess i have to re apply BOWP asap.. i am not sure about implied status, because the agent told me i couldnt work while waiting to restore my status??

i dont have much travel history.. i just did my medical this monday and i guess the doc is waiting for the results..

the refusal came from:

Officer LZHC
Case Processing Centre Vegreville

 

[terki]

nikkit,

ok now I get it

if status is expired then u should stop working and apply for restorations status which is a trv

Once the work permit expired, and you working illegally will turn out to be a violation of the IRPA.

regarding ur pr
no travel history and u have medical line on ecas - u can expect dm or ppr within next 30 days

pray and good luck

 

[nikkit]

nikkit,

ok now I get it

if status is expired then u should stop working and apply for restorations status which is a trv

Once the work permit expired, and you working illegally will turn out to be a violation of the IRPA.

regarding ur pr
no travel history and u have medical line on ecas - u can expect dm or ppr within next 30 days

pray and good luck

oh yes i guess i have to apply for restoration asap.. but it will take 5 months!!!

and i still have to stop working O-O

what is DM? well i had small travel history like short vacations etc.

i wonder if my PR will be quicker since i am from visa exempt country..

 

[terki]

As long as u applied for Restoratio and stopped working u r ok ,

also remember there is a 90 days grace period after expiry of current status

dm - decision made - u can see it in ecas if u have access to i

visa exempt country - copr will be sent out - they may ask for bio data form- wait for email fro vo

good luck and god bless

 

[nikkit]

As long as u applied for Restoratio and stopped working u r ok ,

also remember there is a 90 days grace period after expiry of current status

dm - decision made - u can see it in ecas if u have access to i

visa exempt country - copr will be sent out - they may ask for bio data form- wait for email fro vo

good luck and god bless

ah thank you so much for your advice.. yes i should apply for restoration asap.. wonder if i would be able to withdraw if i get PR before that.. would i get money back? (just wondering)

oh, i received biodata request and RPRF request on the same day that i got med request.. i just sent it and paid RPRF on tuesday.. now i am just waiting for them to get my medical results..

is COPR the last stage? sorry i haven't researched on what happens after that..