Bridging Open Work Permit - question and eligibility

[kj1225]

Hello everyone,

This forum and community has been so helpful and I thank each and everyone that contributes!

I have a question in regards to the bridging open work permit, but first I'd like to give a bit of background in chronological order.

My work existing work permit expired on September 6th 2014, my employer had an LMIA application in progress for and we were still waiting for the LMIA. On August 31st (7 days before my expiry) we applied for the work permit extension with proof of the LMIA application so I can be under "Implied Status".

On October 13th I received my AOR from CIO - so we applied for the Bridging open work permit referencing our work permit extension application and stated that I'm on implied status

on November 4th 2014 my work permit extension got refused due to the fact that our LMIA was still in processing and we couldn't provide CIC with a positive LMIA.

people say that they made a mistake and said that CIC should have held the work permit extension application under Service Canada reaches a decision on the LMIA which would allow me to be under implied status ( we are appealing this right now but it will take some time)

As of right now I'm on Restoration, can I do a restoration directly with the AOR number to get a bridging open work permit directly?

Any insight as to what I should do would be greatly appreciated!

Thank You Thank You!

 

[astasi]

Hello everyone,

This forum and community has been so helpful and I thank each and everyone that contributes!

I have a question in regards to the bridging open work permit, but first I'd like to give a bit of background in chronological order.

My work existing work permit expired on September 6th 2014, my employer had an LMIA application in progress for and we were still waiting for the LMIA. On August 31st (7 days before my expiry) we applied for the work permit extension with proof of the LMIA application so I can be under "Implied Status".

On October 13th I received my AOR from CIO - so we applied for the Bridging open work permit referencing our work permit extension application and stated that I'm on implied status

on November 4th 2014 my work permit extension got refused due to the fact that our LMIA was still in processing and we couldn't provide CIC with a positive LMIA.

people say that they made a mistake and said that CIC should have held the work permit extension application under Service Canada reaches a decision on the LMIA which would allow me to be under implied status ( we are appealing this right now but it will take some time)

As of right now I'm on Restoration, can I do a restoration directly with the AOR number to get a bridging open work permit directly?

Any insight as to what I should do would be greatly appreciated!

Thank You Thank You!

Hi,

CIC would reject your work permit application if the LMIA is not approved when the VO starts processing your work permit application. I don't think you can appeal this decision.

There have been instances wherein the VO has accepted a LMO & job contract from another employer when the applicant submited a work permit application without a LMIA and with a LMIA file number and work permits have been issued that are attached to the employer with the LMIA & job contract. However in your case it was at the discretion of the VO processing your application to have converted your closed work permit application into a BOWP application.

According to my understanding you can no longer apply for BOWP and if your employer has an approved LMIA you can apply for work permit & restoration.

 

[scylla]

CIC has no obligation to hold your work permit application processing until the LMIA is approved. Quite the opposite. You are supposed to secure the LMIA approval before you apply for the work permit. You may have grounds to appeal the LMIA refusal. You have no grounds to appeal the work permit refusal. The work permit was correctly refused.

I agree your BOWP application is dead in the water.

You should restore to visitor status. Once you have an approved LMIA, you can then apply for a work permit.

 

[nkas]

Hello everyone!

I think I'm in a similar situation. I just received my AINP nomination certificate today but my current work permit will expire on December 3, 2014. I have almost all my documents ready for filing for both my PR application and application for work permit. My question is which one do I send first, the PR application or the one for work permit (online or paper route)? I have seen on the FAQ on the AINP site that I can use my nomination certificate to extend my work permit, if so, is it just for an extension work permit for my employer or an open work permit already?

I am new to all this so my apologies if I seem so out of the loop.

Thank you so much!

 

[joolery]

From http://www.martindale.com/immigration-law/article_Fragomen-Del-Rey-Bernsen-Loewy-LLP_2177758.htm

Citizenship and Immigration Canada (CIC) has clarified that it is accepting and receipting work permit extension applications for positions requiring Labor Market Impact Assessments (LMIAs) while the LMIA applications are still pending. Where an individual’s work permit is to expire within two weeks, CIC will accept the extension application and hold open the file for two months to await the LMIA approval. If the LMIA is not approved within the two months, the application will be refused.

Not sure how true this is though.

 

[kj1225]

Thank you everyone for your input!

I have a question though. is it possible to restore your status directly to the bridging open work permit?

or so I have to restore it to a TFW status with a LMIA then reapply for the bridging open work permit?

Thank You!!

 

[scylla]

Thank you everyone for your input!

I have a question though. is it possible to restore your status directly to the bridging open work permit?

or so I have to restore it to a TFW status with a LMIA then reapply for the bridging open work permit?

Thank You!!

No - it's not possible to restore status directly to a BOWP.

You would have to restore status to a TFW with an LMIA - and then apply for a BOWP once your TFW is 4 months from expiry.

 

[vinjulius]

good eve guys

need your advice po.

got a negative result last sept on my work visa application due to lack of NBI document.

and the Representative make an appeal to the Canadian Embassy, Manila to reconsider the application as NBI document is NOT a part of the initial document
requirements list online.

anyone knows the time line for an appeal for this incident po.

thanks

 

[astasi]

From http://www.martindale.com/immigration-law/article_Fragomen-Del-Rey-Bernsen-Loewy-LLP_2177758.htm

Citizenship and Immigration Canada (CIC) has clarified that it is accepting and receipting work permit extension applications for positions requiring Labor Market Impact Assessments (LMIAs) while the LMIA applications are still pending. Where an individual's work permit is to expire within two weeks, CIC will accept the extension application and hold open the file for two months to await the LMIA approval. If the LMIA is not approved within the two months, the application will be refused.

Not sure how true this is though.

This policy is being followed by CIC as the applicant applied for WP on August 31st without the LMIA and CIC waited till November 4th before refusing the WP application which is few days more then 2 months.