Bridging visa after EE 57th draw

[thedecemberists]

So the express entry draw was done today and my gf has enough points (499). But her working holiday visa will expire in 4 days. I thought she could immediately apply and receive the bridge for her visa, but apparently it takes a while. I've found the following resources but not sure what to make of them:

http://www.cic.gc.ca/english/work/permit/extend/permanent.asp

http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

So, if you understand, from today, how long would it take to bridge her work permit/visa? Thanks.

 

[xpressentry]

Re: Bridging visa after un for 57th draw

She should submit her eAPR and apply for BOWP before the existing visa ends. While her BOWP is under process, she will be under implied status.

 

[thedecemberists]

Re: Bridging visa after un for 57th draw

She should submit her eAPR and apply for BOWP before the existing visa ends. While her BOWP is under process, she will be under implied status.

oh, that's great to hear. But then can't people just lie when they submit their profiles for EE, then when they've made the draw submit their eARP and apply for BOWP and have an implied status knowing full well at some point in the future (probably 3-6 months) they'll be rejected but yeah enjoy their implied status for a while?

 

[xpressentry]

If you lie, it would amount to misrepresentation and that is a 5 year ban. Who wants a long time of suffering for a few months of thrill.

 

[thedecemberists]

If you lie, it would amount to misrepresentation and that is a 5 year ban. Who wants a long time of suffering for a few months of thrill.

well, that makes sense. At least they've put in a deterrent. That's good to hear!

And submitting the eARP and applying for BOWP... No tricks in it, are there? Just some long forms and applications that have to be filled out? There's no process or requirement that may contribute to delaying the sending of the eARP and applying for BOWP?

 

[thedecemberists]

Re: Bridging visa after un for 57th draw

She should submit her eAPR and apply for BOWP before the existing visa ends. While her BOWP is under process, she will be under implied status.

Also, do you know how long the BOWP takes to process/issue?

 

[xpressentry]

Apply for BOWP immediately after submitting eAPR. No issues there. Dont know the processing time.

 

[thedecemberists]

Apply for BOWP immediately after submitting eAPR. No issues there. Dont know the processing time.

Thanks. Her problem is that
* her working holiday visa expires on the 28th of March
* She wanted to apply through the federal skilled worker program, but the system put her in CEC instead. That's because she didn't know she could've chosen her primary NOC code as the one that applied to her 1-year of continuous work experience outside of Canada. Instead, she chose her primary NOC code as the one in which she had done her studies and is working in right now in Canada.
* Her one year of Canadian work experience would be achieved on the 30th of March.

Hence the problem: her visa expires on the 28th, but her 1-year canadian experience would be achieved 2 days after that. So even though she's in the CEC program, technically she hasn't met the one-year requirement yet. If she accepts the ITA on the 28th, she'll be shy 2 days.

I should also mention that she was given 40-something additional points for one-year of Canadian experience by the system no matter how she defined her canadian work experience. She started end of march, changed jobs in October without any interruption, and still continues to work. She tried March 2016-October 2016 and Oct 2016-Current; then she tried April 2016-October and Oct-Current; and finally April 2016-Oct and Nov-Current. No matter what, she would be given 1-year.

 

[kryt0n]

This happened to me. I just changed my end work month back a month so i wasn't given the points incorrectly. I changed it back to the correct month after ita.

 

[ozlis]

Thanks. Her problem is that
* her working holiday visa expires on the 28th of March
* She wanted to apply through the federal skilled worker program, but the system put her in CEC instead. That's because she didn't know she could've chosen her primary NOC code as the one that applied to her 1-year of continuous work experience outside of Canada. Instead, she chose her primary NOC code as the one in which she had done her studies and is working in right now in Canada.
* Her one year of Canadian work experience would be achieved on the 30th of March.

Hence the problem: her visa expires on the 28th, but her 1-year canadian experience would be achieved 2 days after that. So even though she's in the CEC program, technically she hasn't met the one-year requirement yet. If she accepts the ITA on the 28th, she'll be shy 2 days.

I should also mention that she was given 40-something additional points for one-year of Canadian experience by the system no matter how she defined her canadian work experience. She started end of march, changed jobs in October without any interruption, and still continues to work. She tried March 2016-October 2016 and Oct 2016-Current; then she tried April 2016-October and Oct-Current; and finally April 2016-Oct and Nov-Current. No matter what, she would be given 1-year.

You do know that she needs to submit her medical with the e-APR also? Four days is already tight to submit without errors.

Has she completed an upfront medical?

 

[ozlis]

Thanks. Her problem is that
* her working holiday visa expires on the 28th of March
* She wanted to apply through the federal skilled worker program, but the system put her in CEC instead. That's because she didn't know she could've chosen her primary NOC code as the one that applied to her 1-year of continuous work experience outside of Canada. Instead, she chose her primary NOC code as the one in which she had done her studies and is working in right now in Canada.
* Her one year of Canadian work experience would be achieved on the 30th of March.

Hence the problem: her visa expires on the 28th, but her 1-year canadian experience would be achieved 2 days after that. So even though she's in the CEC program, technically she hasn't met the one-year requirement yet. If she accepts the ITA on the 28th, she'll be shy 2 days.

I should also mention that she was given 40-something additional points for one-year of Canadian experience by the system no matter how she defined her canadian work experience. She started end of march, changed jobs in October without any interruption, and still continues to work. She tried March 2016-October 2016 and Oct 2016-Current; then she tried April 2016-October and Oct-Current; and finally April 2016-Oct and Nov-Current. No matter what, she would be given 1-year.

The system counts it assuming the first day of the month listed to the last day. You would need to put her start date as May to current to completely be ineligible for CEC.

 

[thedecemberists]

This happened to me. I just changed my end work month back a month so i wasn't given the points incorrectly. I changed it back to the correct month after ita.

Well, too late for that. It's silly, really. She started work March 30, 2016. Changed jobs mid-Oct, 2016. Just so that the dumb system allocated points correctly, she has to change her work period not from April-Oct and Nov-Current (which is actually not the case, since technically it's March-Oct and Oct-Current), but she had to do it May-Oct and Nov-Dec (according to the previous poster)? Silly. Really silly. It shouldnt be her fault that the system gave her the extra 40-something points for her canadian work experience and put her in the CEC class, since she even changed her starting month from March to April and the other one from October to Nov.

I just talked to her and she will only be ONE DAY shy of her 1-year Canadian work experience (visa expires on the 28th, her job started on the 30th, so the 29th would be when she would have 12 months). However... CIC claims that the experience class is (a minimum of) 30 hours a week for 12 months. Technically, her last week is from the 21st to the 28th of March. But on the 27th, she will already have more than 30 hours (probably closer to 50).

So, new question: even though on the 27th of march she would be 2 days shy of having 12 months of canadian work experience (March 30, 2016 to March 29th, 2017), would her last week count as a full week since she'll have more than 30 hours of work for that week? I say the 27th of March and not the 28th because I think the 27th is the last day in which she can apply to bridge her work visa.

These are questions that her lawyer should know, but doesn't...

 

[lifein360]

Well, too late for that. It's silly, really. She started work March 30, 2016. Changed jobs mid-Oct, 2016. Just so that the dumb system allocated points correctly, she has to change her work period not from April-Oct and Nov-Current (which is actually not the case, since technically it's March-Oct and Oct-Current), but she had to do it May-Oct and Nov-Dec (according to the previous poster)? Silly. Really silly. It shouldnt be her fault that the system gave her the extra 40-something points for her canadian work experience and put her in the CEC class, since she even changed her starting month from March to April and the other one from October to Nov.

I just talked to her and she will only be ONE DAY shy of her 1-year Canadian work experience (visa expires on the 28th, her job started on the 30th, so the 29th would be when she would have 12 months). However... CIC claims that the experience class is (a minimum of) 30 hours a week for 12 months. Technically, her last week is from the 21st to the 28th of March. But on the 27th, she will already have more than 30 hours (probably closer to 50).

So, new question: even though on the 27th of march she would be 2 days shy of having 12 months of canadian work experience (March 30, 2016 to March 29th, 2017), would her last week count as a full week since she'll have more than 30 hours of work for that week? I say the 27th of March and not the 28th because I think the 27th is the last day in which she can apply to bridge her work visa.

These are questions that her lawyer should know, but doesn't...

No it wouldn't count as full. The CIC calculator is shit, and they have to fix it, but the onus on ensuring it is a full 12 month working period is on you, irrespective of hours/week. So yeah, unfortunately she cant.

Also, just to be clear, her 1 year work experience was gained only after she completed her studies right? Not during? No internship/coop experience?

 

[thedecemberists]

No it wouldn't count as full. The CIC calculator is *censored word*, and they have to fix it, but the onus on ensuring it is a full 12 month working period is on you, irrespective of hours/week. So yeah, unfortunately she cant.

Also, just to be clear, her 1 year work experience was gained only after she completed her studies right? Not during? No internship/coop experience?

which one year work experience? The foreign one or the Canadian one? The Canadian one is after she completed her studies. Not sure about the foreign one.

As is stands (summarizing) :
* she has one year of continuous foreign work experience.
* visa expires March 28th, 2017
* started work In Canada on March 30, 2016.
* one year Canada work would've been achieved on March 29, 2017
* however, for her last week, she already had 30+ hours of work. She just won't have enough days to get to one year of Canadian work experience.
* she submitted her profile for EC on on the 21st. But because she put her Canada work experience as April to October and Nov to current, she was given the 40-something points for Canada work experience. She was placed in the CEC group, even though she wanted FSW. She was awarded 490+ points. She received her invitation today, but CEC requires one year of Canadian work experience.
* her primary noc code was the one relating to her current job and her study. Kryt0n says had she changed her primary noc code to the one corresponding to her one year of continuous foreign work experience, she would've been placed in fsw, which wouldn't require the one year of Canadian work experience. She wouldn't have the extra points, but she would still have 446 points, which would've been enough for the draw that was made today.

If anyone can think of what to do, I would be forever grateful.

 

[lifein360]

which one year work experience? The foreign one or the Canadian one? The Canadian one is after she completed her studies. Not sure about the foreign one.

As is stands (summarizing) :
* she has one year of continuous foreign work experience.
* visa expires March 28th, 2017
* started work In Canada on March 30, 2016.
* one year Canada work would've been achieved on March 29, 2017
* however, for her last week, she already had 30+ hours of work. She just won't have enough days to get to one year of Canadian work experience.
* she submitted her profile for EC on on the 21st. But because she put her Canada work experience as April to October and Nov to current, she was given the 40-something points for Canada work experience. She was placed in the CEC group, even though she wanted FSW. She was awarded 490+ points. She received her invitation today, but CEC requires one year of Canadian work experience.
* her primary noc code was the one relating to her current job and her study. Kryt0n says had she changed her primary noc code to the one corresponding to her one year of continuous foreign work experience, she would've been placed in fsw, which wouldn't require the one year of Canadian work experience. She wouldn't have the extra points, but she would still have 446 points, which would've been enough for the draw that was made today.

If anyone can think of what to do, I would be forever grateful.

Yes, so she cannot and should not apply under CEC even if CIC has given you an invite under CIC. She will have to use her one year of foreign work ex and apply under FSW stream as she has not met the requirements for CEC. The 30+ hours do not matter. It is 30 hours min each week for 52 weeks (of course vacations and all are included in this but you are still employed then).

What kryt0n said is perfectly right, would have been better if you used your foreign work exp and got in the draw under FSW not CEC, but now you dont have either.

Maybe you can remove her Canadian work experience and see if you can still go ahead with FSW with this invite? I am not sure