BOWP Rules Changed !!!!

[zareef]

Time spent working in managerial or professional positions (NOC level O or A) are exempt, however, the time spent working is still counted. For example, if you were working as a professional for 4 years, then you wanted to work in a different occupation in NOC B, you would not be issued a work permit. You could continue to work as a professional however beyond the 4 year period.
Time spent working in a labour market opinion exempt category such as NAFTA, or spouses of workers with a work permit, or those with in-Canada permanent resident applications under way.
Those who have applied for permanent residence and received a Provincial Nominee Program certificate, or who have received a positive selection decision under the Federal Skilled Worker Class or Canadian Experience Class.
Remember, it is up to you to convince the visa officer that your 4 year cumulative period has not elapsed. So keep records of what you were doing and when, especially if you plan to rely on one of the exceptions above.

....
Thanks!

So I guess that means, once you've worked for 3 years on PGWP and 1 more year on BOWP, CIC won't issue you a new work permit if you are intending to work in a NOC B occupation.

 

[sf1234]

So I guess that means, once you've worked for 3 years on PGWP and 1 more year on BOWP, CIC won't issue you a new work permit if you are intending to work in a NOC B occupation.

The exceptions also specify that if you have an active PR application in place, the 4 year limit does not apply to you. Whatever NOC code you are working under:


Exceptions
When you work in one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.

It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.

These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:

NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit
Any work done while studying in Canada on a full-time basis does not count toward your four-year maximum.

 

[nuke noodles]

The exceptions also specify that if you have an active PR application in place, the 4 year limit does not apply to you. Whatever NOC code you are working under:


Exceptions
When you work in one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.

It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.

These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:

NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit
Any work done while studying in Canada on a full-time basis does not count toward your four-year maximum.

Here is the catch.
"Approval in principle" this is very vague. Couldn't find what CIC actually means by "approval in principle". AOR along, or AOR + Eligibility passed? I guess come of their VO don't know either.

 

[Pearl1]

Here is the catch.
"Approval in principle" this is very vague. Couldn't find what CIC actually means by "approval in principle". AOR along, or AOR + Eligibility passed? I guess come of their VO don't know either.

yes, their reasoning is not specific. the only way to find out is contacting either a lawyer or calling their call center.

please contact the call center and try to find out if the actual reason is eligibility passed, as the rejection letter nowhere mentioned about the eligibility check.

 

[Ottawa-applicant]

Hey

so when should I apply for the open work permit? is my old AOR will suffices?

I have received my COPR and wasn't allowed to land due to outstanding charges, cic officer kept my COPR.

my current post graduate work permit expires in May 2016!

any advice would be appreciated.

 

[hssam]

Guys, It was my second BOWP that got rejected.
Anyone else whose second BOWP got rejected?

 

[APL]

So here is what I am going to do.

I am going to create a case specific inquiry in which I will request CIC to set my eligibility to "passed" in GCMS if it has not been done yet because based on the AOR they sent me my application is complete based on the requirements of IRPA 10. I will also highlight that I am requesting this because I have submitted a BOWP application ( will provide my application number). Even if they don't entertain this request, they will definitely become aware of the issue that most of us are currently facing. I suggest everyone who feels this will work should do what I am doing (or something similar) so that this can atleast get escalated.

Below is the an excerpt from from my AOR which I will be referring to in the Case specific inquiry.

"Upon review of the information you have provided, your application is considered complete based upon the requirements of the Instructions and Regulation 10 of the Immigration and Refugee Protection Act (IRPA).Your application has now been placed into processing"

Also, I will attach a screenshot from the link below which explains how an officer is supposed to review a non-express entry application. In this link, if you read carefully, the officer puts the file under processing once the officer determines that the candidate has met positive eligibility and has informed the applicant about it (I guess through AOR). Now since my AOR says that my application has now been placed into processing and that I have been informed by the officer (via AOR), based on the information in the link, I have technically met the positive eligibility. All they need to do is just set it to "passed" in the GCMS system if they haven't already.

Here is the link:
http:[forwardslash][forwardslash]www[dot]cic[dot]gc[dot]ca[forwardslash]english[forwardslash]resources[forwardslash]tools[forwardslash]perm[forwardslash]econ[forwardslash]intake[dot]asp

What do you guys think ???

APL

 

[APL]

Look at right at the end of the link please.

I think I have cracked this

 

[Pearl1]

Look at right at the end of the link please.

I think I have cracked this

can yo post the link please ? the way you post it, usually doesn't work, even after replacing the symbols

 

[adaytoremember]

http://www.cic.gc.ca/english/resources/tools/perm/econ/intake.asp

 

[apardhamija]

Hey,
As far as I know, CIC will not send Medical Request unless Eligibility is passed. In your case, you already received MR and even as per new rules also you should get it. What else they need?

HI,

Im sorry to hear about your situation, just wanted to know if they gave a specific reason for rejection ?

 

[Pearl1]

HI,

Im sorry to hear about your situation, just wanted to know if they gave a specific reason for rejection ?

Here is the response for the reason from that user :

It stated

"As a foreign national in Canada you are not eligible to apply document of this type until you receive confirmation that your application for permanent residency is approved in principle."

Guys, Can you plz suggest If I have any other options to appeal or question this decision.

 

[neevan]

There is something happend similar to this "Approved in principle" concept in 2013. Hope we get some info on this below thread

http://www.canadavisa.com/canada-immigration-discussion-board/need-more-info-about-approved-in-principle-for-permanent-residence-in-canada-t154352.15.html

 

[shdmfgus]

There is something happend similar to this "Approved in principle" concept in 2013. Hope we get some info on this below thread

http://www.canadavisa.com/canada-immigration-discussion-board/need-more-info-about-approved-in-principle-for-permanent-residence-in-canada-t154352.15.html

So, according to the thread from the link... .

"*Approved in principle means that you received a letter from the Case Processing Centre or the local office stating that you are eligible to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background verifications for you and, if applicable, your family members. "

This applied in 2013. I guess they somehow changed the rule about BOWP application since Dec. 1st.. .

 

[akil_f1]

I hv applied for my GCMS notes a month ago so it should be on the way. In my previous GCMS notes it was "In Progress"
yes, I hv cross checked it, I have selected Open work Permit.

Hello Hssam ,
Can you please grey out your any personal information and post the letter ? may be ppl here can find some more information within the letter.
No too sure why some ppl are getting bowp and some not . I am still hoping that the VO is unaware of the exact rules in ur case !!!