Bridging open work permit (BOWP) got refused, can I appeal?
- Thread starter buki
- Start date
Hi Buki,
I just joined this forum and I am in the exact same situation as you. I have asked for a reconsideration, which was denied. It's a really stressful situation. How did you work it out? Your answer might come as a relief. Thanks in advance.
Hi Rishi,
My BOWP application was also refused due to a missing document. I've already asked Buki how his/her application went. Did you manage to get your employer to do the compliance? Thanks in advance.
Hi guys
I did manage to get my employer do the compliance.
It was a long process but now after reading a lot i kind of know most of the things
1) to be eligible for BOWP you need to hold a work permit no matter what kind it is it can be a PGWP as well it is good , as long as it is valid.
2) when you apply for BOWP make sure you attach the copy of pnp nomination and AOR
3) now of cic refuses your application stating that they dint receive your papers then make a call to them and inquire asap READ YOUR REFUSAL LETTER CAREFULLY AND CHECK WHAT IT STATES AND IT LL GIVE YOU THE WAYS ABOUT WHAT YOU CAN DO NEXT.
4) AT this point its better to hire an consultant they should charge around 700$
5) Now if you have a vaild work permit you can still resubmit your BOWP application but go through the refusal letter about what it says and double check with cic because if they say they dint recieve your documents and if you still have time you can resubmit your application but if your work permit has expired then there is 0.00001 % chance that you can get a BOWP. (CASE BY CASE ITS DIFFERENT)
6) As i submitted my application through the pnp stream i only know about that side of the story and nothing about if you have applied through any federal programs
7) now if your work permit has expired that means your status has also expired so technically you cant work from that very moment if you do then it is working illegally and in this case you and your employer can get into trouble.
8) no what to do next you cant work or do anything
9) if you have applied for pr and also got your aor all through the pnp process you do not need an LMIA you ARE LMIA EXEMPT as long as you have applied for pr before the nomination expires.
10) according to cic your nomination never expires once the province has nominated you
11) there are a lot of posts saying that you can go to the border and get a new work permit the answer is NO NO NO NO you must not go to the border you are risking your self if you go there chances are high that you ll not step back into canada after that.
12) there are other posts in which people say you can apply for a visitor status and stay in canada as long as your pr application is in process. Yes its true you can do that as once your file leaves your province and goes to cic it is considered closed in the province and the province and cic hardly have any connection BUT BUT DONT FORGET YOU ARE NOMINATED BY THE PROVINCE AS A SKILLED WORKER IN THE PROVINCE (it should state on your nomination letter) and the condition for that nomination to be valid is that " one must maintain a full time job in the province of the nomination" so the options of becoming a visitor rules out. But you can take a risk as long as cic and the province do not do a cross verification( i am not too sure how often do they do that) of they do that and find out that you no longer work the province has the authority to revoke your pnp nomination and that will lead to a refusal to your Pr application.
13) you can also apply as a student but it will be very costly affair and it can still land you in a position where your pr application can be refused as your are not fulfilling the condition of your PNP nomination
14) at this point you ll have to do two things restore your temporary status and get a new permit it can be work or visitors or student if you call cic they ll say you can apply for a visitor but they are wrong you cant as a pnp nominee reffer to my previous point for the reason why. Also if you apply for visitor visa you ll have to apply using a form applying for visitor from outside canada now in this case they can call you for an interview from the place you applied i.e outside canada for example applied for visitor from USA if they call you for an interview you ll have to go to New York now canada and usa have a treaty which allows you to come back to canada but if you have applied from other then USA then you wont be allowed entry back into canada till a decision has been made on your file and even though if you have applied in USA its not a guarantee that they ll allow you back into canada it all depends on the border officials.
15) as you have a pnp nomination although it is expired you can request a new one from province its a mystery land so i suggest take help from your local MP office so what you can do as they have got contacts in the provincial offices. In the mean time try to convince your employer to do a compliance for you its a very easy process it simply wants to affirm that the employer is in good standing and is able to provide your salary and a proper working environment.
16) if your employer is ready to do the compliance then your are good to go as a pnp nominee we are lmia exempt under t13 code which is an agreement between the province and the federal government
17) if your employer refuses to do so then use your contacts and try to find some one who is willing to help you by doing the compliance for you.
18) now when you trying to find employers they may say no to you thinking that they ll have to apply for lmia or they are currently have a couple of employees who that are supporting for paper work in that case as long as the employer is financially stable and can provide you with a job thats sufficient they ll not have to go through the lmia process as you are a lmia exempt candidate.
19) MAKE SURE YOU HIRE A CONSULTANT ONCE YOUR BOWP HAS EXPIRED. as when you are resubmitting your restoration application you ll have to explain the whole story and the consultants can do a better job then us personally and i bet you dont want any mistakes this time. Coz if it is refused after the grace period has expired then you have to say bye bye to canada you ll not get a single day after the refusal it ll be an illegal stay.
20) also make sure as to when the 90 day period is starting its case by case for some it is on the date of refusal and for some it is on the date of expiration of work permit
I know what all i have written is very confusing but if you have any questions feel free to post ll be happy to respond to the quickest of my abilities i have been in the situation and i am currently going through the process and i know it ll make you feel depressed safest option is to get an employer do the compliance process for you. I would jot suggest taking the steps for restoration as a visitor or a student
I did manage to get my employer do the compliance.
It was a long process but now after reading a lot i kind of know most of the things
1) to be eligible for BOWP you need to hold a work permit no matter what kind it is it can be a PGWP as well it is good , as long as it is valid.
2) when you apply for BOWP make sure you attach the copy of pnp nomination and AOR
3) now of cic refuses your application stating that they dint receive your papers then make a call to them and inquire asap READ YOUR REFUSAL LETTER CAREFULLY AND CHECK WHAT IT STATES AND IT LL GIVE YOU THE WAYS ABOUT WHAT YOU CAN DO NEXT.
4) AT this point its better to hire an consultant they should charge around 700$
5) Now if you have a vaild work permit you can still resubmit your BOWP application but go through the refusal letter about what it says and double check with cic because if they say they dint recieve your documents and if you still have time you can resubmit your application but if your work permit has expired then there is 0.00001 % chance that you can get a BOWP. (CASE BY CASE ITS DIFFERENT)
6) As i submitted my application through the pnp stream i only know about that side of the story and nothing about if you have applied through any federal programs
7) now if your work permit has expired that means your status has also expired so technically you cant work from that very moment if you do then it is working illegally and in this case you and your employer can get into trouble.
8) no what to do next you cant work or do anything
9) if you have applied for pr and also got your aor all through the pnp process you do not need an LMIA you ARE LMIA EXEMPT as long as you have applied for pr before the nomination expires.
10) according to cic your nomination never expires once the province has nominated you
11) there are a lot of posts saying that you can go to the border and get a new work permit the answer is NO NO NO NO you must not go to the border you are risking your self if you go there chances are high that you ll not step back into canada after that.
12) there are other posts in which people say you can apply for a visitor status and stay in canada as long as your pr application is in process. Yes its true you can do that as once your file leaves your province and goes to cic it is considered closed in the province and the province and cic hardly have any connection BUT BUT DONT FORGET YOU ARE NOMINATED BY THE PROVINCE AS A SKILLED WORKER IN THE PROVINCE (it should state on your nomination letter) and the condition for that nomination to be valid is that " one must maintain a full time job in the province of the nomination" so the options of becoming a visitor rules out. But you can take a risk as long as cic and the province do not do a cross verification( i am not too sure how often do they do that) of they do that and find out that you no longer work the province has the authority to revoke your pnp nomination and that will lead to a refusal to your Pr application.
13) you can also apply as a student but it will be very costly affair and it can still land you in a position where your pr application can be refused as your are not fulfilling the condition of your PNP nomination
14) at this point you ll have to do two things restore your temporary status and get a new permit it can be work or visitors or student if you call cic they ll say you can apply for a visitor but they are wrong you cant as a pnp nominee reffer to my previous point for the reason why. Also if you apply for visitor visa you ll have to apply using a form applying for visitor from outside canada now in this case they can call you for an interview from the place you applied i.e outside canada for example applied for visitor from USA if they call you for an interview you ll have to go to New York now canada and usa have a treaty which allows you to come back to canada but if you have applied from other then USA then you wont be allowed entry back into canada till a decision has been made on your file and even though if you have applied in USA its not a guarantee that they ll allow you back into canada it all depends on the border officials.
15) as you have a pnp nomination although it is expired you can request a new one from province its a mystery land so i suggest take help from your local MP office so what you can do as they have got contacts in the provincial offices. In the mean time try to convince your employer to do a compliance for you its a very easy process it simply wants to affirm that the employer is in good standing and is able to provide your salary and a proper working environment.
16) if your employer is ready to do the compliance then your are good to go as a pnp nominee we are lmia exempt under t13 code which is an agreement between the province and the federal government
17) if your employer refuses to do so then use your contacts and try to find some one who is willing to help you by doing the compliance for you.
18) now when you trying to find employers they may say no to you thinking that they ll have to apply for lmia or they are currently have a couple of employees who that are supporting for paper work in that case as long as the employer is financially stable and can provide you with a job thats sufficient they ll not have to go through the lmia process as you are a lmia exempt candidate.
19) MAKE SURE YOU HIRE A CONSULTANT ONCE YOUR BOWP HAS EXPIRED. as when you are resubmitting your restoration application you ll have to explain the whole story and the consultants can do a better job then us personally and i bet you dont want any mistakes this time. Coz if it is refused after the grace period has expired then you have to say bye bye to canada you ll not get a single day after the refusal it ll be an illegal stay.
20) also make sure as to when the 90 day period is starting its case by case for some it is on the date of refusal and for some it is on the date of expiration of work permit
I know what all i have written is very confusing but if you have any questions feel free to post ll be happy to respond to the quickest of my abilities i have been in the situation and i am currently going through the process and i know it ll make you feel depressed safest option is to get an employer do the compliance process for you. I would jot suggest taking the steps for restoration as a visitor or a student
Hello. Thanks for all the information.
My PGWP is expiring next month, and I am also applied through PNP waiting for my PR. I am working now and have acontract but my contract is also exiring soon (4 months fro now, but the employer accepted the extension, just it takes time, and will be renewed in 4 months); so I just have one question; I am going to apply for BOWP. Do I need to put my contract? If not, just providing the PNP docs should be OK?
it is a very stressful situation! I am waiting for PR 2 years now! I really appreciate if you can help. Thanks
I have not yet applied for BOWP. I still have GOWP which will expire next month. so I am searching to make sure that I will apply correctly for BOWP. Just I am not sure whether I need to put my job contract in the application or not. Thanks
You can apply for BOWP
You ll need to pay for the open work permit aswell when applying
You ll need to submit your AOR letter of nomination and try getting a letter of support from the province
And also i would suggest to get a good consultant who can apply for you coz you only have one month left and i am sure you dont want to miss any details coz they are very picky also give a call to cic and ask them what all is required https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html
Cross check everything and apply before your status expires
You ll need to pay for the open work permit aswell when applying
You ll need to submit your AOR letter of nomination and try getting a letter of support from the province
And also i would suggest to get a good consultant who can apply for you coz you only have one month left and i am sure you dont want to miss any details coz they are very picky also give a call to cic and ask them what all is required https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html
Cross check everything and apply before your status expires
Thank you for the reply.
Just a question, for the AOR, I have received the email but there is no letter, should i just put the pdf of the email I received as the AOR letter? Thank you in advance.
AOR is a letter of confirmation from cic that they have received your application in full and it would say an application number on top starting with i guess EP
So, about presenting the Letter of Employment, do you happen to know if it’s okay for the job to be seasonal, but still full-time?
I would say a seasonal fulltime may not be considered as if you spread it throughout the whole year they need a certain amount of hours worked.
GUYS I AM NOT A CONSULTANT OR AN ADVISOR PLEASE CROSS CHECK ALL THE APPLICATION REQUIREMENTS AND PROCESSES BEFORE YOU APPLY.
ALL THE INFO I AM GIVING IS BASED ON MY KNOWLEDGE WHICH I ACQUIRED DURING MY ORDEAL OF REFUSED BRIDGING OPEN WORK PERMIT
GUYS I AM NOT A CONSULTANT OR AN ADVISOR PLEASE CROSS CHECK ALL THE APPLICATION REQUIREMENTS AND PROCESSES BEFORE YOU APPLY.
ALL THE INFO I AM GIVING IS BASED ON MY KNOWLEDGE WHICH I ACQUIRED DURING MY ORDEAL OF REFUSED BRIDGING OPEN WORK PERMIT
Gotcha. That’s fine. I was just wondering if you happened to know it. Thanks for your reply, though! =]
I am in the same situation. I already asked a consultant to do this for me. Just could you please explain more about the Compliance? What exactly my employer has to do?