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BOWP with LMIA

Kaykaytime

Newbie
Sep 2, 2022
7
7
Hi all, I was invited to PR with LMIA job offer and have received my AoR, my LMIA work permit will expire in November and wondering if I’m eligible for applying BOWP? If not, how can I maintain my status to keep working in Canada while waiting for my PR process?
 

rshangle

Star Member
Jan 21, 2021
110
33
Category........
CEC
NOC Code......
2171
Yes, you can apply for BOWP but you ll have to keep working for the same employer through which you got your LMIA as it looks like you have claimed the arranged employment 50 points.
Your AOR should also be mentioning that you can apply for BOWP.
Ideally, your employer should have extended your work permit itself. Is it not the case?
 

Kaykaytime

Newbie
Sep 2, 2022
7
7
Yes, you can apply for BOWP but you ll have to keep working for the same employer through which you got your LMIA as it looks like you have claimed the arranged employment 50 points.
Your AOR should also be mentioning that you can apply for BOWP.
Ideally, your employer should have extended your work permit itself. Is it not the case?
There actually have been some issues with my employer which I will be laid off pretty soon, I know that the officer will not require supporting documents or confirm employment status for every single case so I’m hoping to take a vacation while off work without them noticing it?
 

rshangle

Star Member
Jan 21, 2021
110
33
Category........
CEC
NOC Code......
2171
Do you really want to take that risk? If the officer does confirm your employment and notice a different status, it might be cause for misrepresentation.
One more thing to keep in mind, if you are laid off then your employer has to issue a 'Record of employment' (ROE) which goes directly to service Canada. I have read cases before where the officer checked for this ROE and rejected the file since the person was no longer qualifying for these 50 points. And the BOWP also gets refused. Just my 2 cents.
 

Kaykaytime

Newbie
Sep 2, 2022
7
7
Do you really want to take that risk? If the officer does confirm your employment and notice a different status, it might be cause for misrepresentation.
One more thing to keep in mind, if you are laid off then your employer has to issue a 'Record of employment' (ROE) which goes directly to service Canada. I have read cases before where the officer checked for this ROE and rejected the file since the person was no longer qualifying for these 50 points. And the BOWP also gets refused. Just my 2 cents.
Thank you for the info! Then to keep the PR process going, can I find an another job that can offer me LMIA at the meantime or should I withdraw my application and reapply without the 50 points?
 

rshangle

Star Member
Jan 21, 2021
110
33
Category........
CEC
NOC Code......
2171
Thank you for the info! Then to keep the PR process going, can I find an another job that can offer me LMIA at the meantime or should I withdraw my application and reapply without the 50 points?
If you are certain that you will not be able to continue your current employment, I would rather suggest to reapply without the 50 points or with 50 points provided you can secure another LMIA positive job.
 

vvis64684

Full Member
Aug 31, 2022
30
6
Do you really want to take that risk? If the officer does confirm your employment and notice a different status, it might be cause for misrepresentation.
One more thing to keep in mind, if you are laid off then your employer has to issue a 'Record of employment' (ROE) which goes directly to service Canada. I have read cases before where the officer checked for this ROE and rejected the file since the person was no longer qualifying for these 50 points. And the BOWP also gets refused. Just my 2 cents.
Where did you read that?
After AOR the score is locked. I read directly from a lawyer that losing the LMIA job has no impact on the PR application under CEC/FSW after AOR/eAPR
 

rshangle

Star Member
Jan 21, 2021
110
33
Category........
CEC
NOC Code......
2171
Where did you read that?
After AOR the score is locked. I read directly from a lawyer that losing the LMIA job has no impact on the PR application under CEC/FSW after AOR/eAPR
Generally yes, the score should be locked. But change in circumstances of job change or loss needs to be reported to IRCC asap which is also mentioned in CIC and the AOR. And then it is upto the discretion of the visa officer whether to grant those 50 points for future employment as the applicant has claimed, or take it away as the future employment ceases to exist now.
It also depends when that offer of employment was rescinded, before or after AOR.
Read https://www.canadavisa.com/canada-immigration-discussion-board/threads/urgent-loss-of-job-while-waiting-for-pr-application-cec-to-be-processed.631643/page-4
Applicants have actually been refused for the same reason even if they didn't update IRCC and people are getting refused for far less these days so it is really worthwhile taking this chance.

And may I know which lawyer you heard this from? Because I have also seen another post where another lawyer by the name of Steven M mentioning the same. But there is nothing mentioned officially by IRCC anywhere so it becomes a grey area for us to speculate.
 
Last edited:

vvis64684

Full Member
Aug 31, 2022
30
6
It also depends when that offer of employment was rescinded, before or after AOR.
Nothing is set in stone before AOR eAPR. An ITA really doesn't mean anything until a real application and documents are submitted. I was talking about the cases after AOR.

Applicants have actually been refused for the same reason even if they didn't update IRCC and people are getting refused for far less these days so it is really worthwhile taking this chance.
Do you know of any cases where they informed IRCC after AOR and still rejected? That is the only real case to discuss.

And may I know which lawyer you heard this from? Because I have also seen another post where another lawyer by the name of Steven M mentioning the same. But there is nothing mentioned officially by IRCC anywhere so it becomes a grey are for us to speculate.
Private immigration lawyer, they could be wrong but I have no other substantial information.