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Can i find a new job with a BOWP?

abhishek_p81

Hero Member
Oct 26, 2018
313
171
oh no, I have claimed points for job offer. But, what's the point in holding this BOWP then? It states
Employer: Any
Employment Location: UNKNOWN
Occupation: Open
The BOWP allows you to continue working without your employer getting a new approved LMIA. It does also allow you to switch employers. However if you've claimed points for having a job offer as part of your EE application, then I'm sure you can see why it's obvious that you can't find a new job and switch employers. You can't claim the 50 points and then ditch your employer. Then you don't actually have a job offer. You'd be risking refusal and also potential misrepresentation. You need to stay with that employer until you have PR.
I think you can, but your new job should have the same NOC. As far as 50 points are concerned at the time of application you had Job offer and still you have a Job in same NOC so it should still apply on you, as these 50 points are for arranged employment never say about restriction on employers.
@legalfalcon plz put some light on this
 

JayantRoy

Member
Feb 12, 2020
11
1
You can certainly apply for a BOWP. I would not switch employers until you have PR.
Thanks..
But my Current WP will expire on 7th feb, then anyway i will not able to continue with my current employer.
Still i should not look for job outside?
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks..
But my Current WP will expire on 7th feb, then anyway i will not able to continue with my current employer.
Still i should not look for job outside?
If you apply for the BOWP before Feb 7th, then you can continue to work for your current employer on implied status.

If you want to look for a new employer, then you would need to wait for the BOWP to be approved (I am assuming the work permit you hold now is a closed work permit).
 

JayantRoy

Member
Feb 12, 2020
11
1
If you apply for the BOWP before Feb 7th, then you can continue to work for your current employer on implied status.

If you want to look for a new employer, then you would need to wait for the BOWP to be approved (I am assuming the work permit you hold now is a closed work permit).
Thanks. That's Right, My current WP is close one.
One more question in case if i travel back to my country, any idea that will impact my PR process, as i have claimed 50 Points for job offer?
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks. That's Right, My current WP is close one.
One more question in case if i travel back to my country, any idea that will impact my PR process, as i have claimed 50 Points for job offer?
Sorry - I don't know.
 

Wolfpmd3

Champion Member
Apr 26, 2015
1,867
455
Canada
NOC Code......
1254
Hi, My PR application is still in progress. However, i've received the BOWP, that i've applied via my employer. Can i look for a new job using my BOWP? My employer is ramping down.. and i might be asked to quit.
Hopefully, you will not just quit and let your employer terminate the employment from their end. I mean in terms of accessing employment insurance, for instance, you should not be the one quitting. Start looking for a job and if they fire you or if you find another job then quit.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
I think you can, but your new job should have the same NOC. As far as 50 points are concerned at the time of application you had Job offer and still you have a Job in same NOC so it should still apply on you, as these 50 points are for arranged employment never say about restriction on employers.
@legalfalcon plz put some light on this
@New_User101

BOWP is an OWP and allows you to work for any employer. However, if you have claimed points for arranged job offer, that has to be valid until your application is approved. If it is withdrawn, then you will lose points for it. Also, if you leave your current employer, and the job offer is withdrawn then too you will lose points.
 

JayantRoy

Member
Feb 12, 2020
11
1
@New_User101

BOWP is an OWP and allows you to work for any employer. However, if you have claimed points for arranged job offer, that has to be valid until your application is approved. If it is withdrawn, then you will lose points for it. Also, if you leave your current employer, and the job offer is withdrawn then too you will lose points.
Like in my case i had claimed 50 points for 1 year of job offer and its been almost 1 year since i have applied for PR. Also as per GCMS note and i called IRCC, my job offer validation passed.
Do you think my 50 points job offer claim will invalid, if i will able apply for BOWP and work for some other employer?
Also if i don't go for BOWP and go back to my country, will that will impact on my PR process as i have claimed 50 points for job offer?
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
@New_User101

BOWP is an OWP and allows you to work for any employer. However, if you have claimed points for arranged job offer, that has to be valid until your application is approved. If it is withdrawn, then you will lose points for it. Also, if you leave your current employer, and the job offer is withdrawn then too you will lose points.
I agree what you said, but my point is if employment is still there just the name of employer is changing NOC and everything is same, in that situation what you think he will still loose 50 points, because IRCC is concerned that you should not be unemployed, which is not the case then you think they should bother if employer is MR. A or Mr.B
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I agree what you said, but my point is if employment is still there just the name of employer is changing NOC and everything is same, in that situation what you think he will still loose 50 points, because IRCC is concerned that you should not be unemployed, which is not the case then you think they should bother if employer is MR. A or Mr.B
The 50 points claimed for the job offer are tied to a specific employer. If someone is no longer working for that employer and has switched employers, the they are no longer entitled to those points under Express Entry.

The points aren't for "any employer" - they are tied to a specific employer and job offer.
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
The 50 points claimed for the job offer are tied to a specific employer. If someone is no longer working for that employer and has switched employers, the they are no longer entitled to those points under Express Entry.

The points aren't for "any employer" - they are tied to a specific employer and job offer.
Where is it mentioned, plz share
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Where is it mentioned, plz share
Seriously?

Here you go. These are all of the conditions that have to be fulfilled to claim the 50 points.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Specifically for FSW / EE:

Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:
  • made by one employer
  • continuous
  • paid
  • full-time (at least 30 hours a week)
  • not seasonal
  • for at least one year after we issue your permanent resident visa
  • in a job that is NOC:
    • Skill Type 0 or
    • Skill Levels A or B
It also must be made :
  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
    • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
  • if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
    • are currently working for an employer specified on the work permit
    • have one year of full-time work experience (or an equal amount of part-time work) for that employer
    • have a valid job offer from that employer for at least one year after we issue your permanent resident visa
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
Seriously?

Here you go. These are all of the conditions that have to be fulfilled to claim the 50 points.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Specifically for FSW / EE:

Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:
  • made by one employer
  • continuous
  • paid
  • full-time (at least 30 hours a week)
  • not seasonal
  • for at least one year after we issue your permanent resident visa
  • in a job that is NOC:
    • Skill Type 0 or
    • Skill Levels A or B
It also must be made :
  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
    • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
  • if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
    • are currently working for an employer specified on the work permit
    • have one year of full-time work experience (or an equal amount of part-time work) for that employer
    • have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Plz Explain this
Offer of employment – Skilled immigrants (Express Entry)
If you have a new job offer (offer of arranged employment), you need to update your Express Entry profile in your account with the :
Your job offer must:
  • be recent (usually less than 1 year old)
    • You can’t use the same job offer letter that you used to get your work permit.
  • be in writing
  • not be from an embassy, high commission or consulate in Canada
  • set out details of the job they’re offering you, such as
    • your pay and deductions
    • your job duties
    • conditions of employment, like your hours of work
A work permit on its own is not a job offer, even if it is an open work permit.
Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.
 

scylla

VIP Member
Jun 8, 2010
95,878
22,132
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Plz Explain this
Offer of employment – Skilled immigrants (Express Entry)
If you have a new job offer (offer of arranged employment), you need to update your Express Entry profile in your account with the :
Your job offer must:
  • be recent (usually less than 1 year old)
    • You can’t use the same job offer letter that you used to get your work permit.
  • be in writing
  • not be from an embassy, high commission or consulate in Canada
  • set out details of the job they’re offering you, such as
    • your pay and deductions
    • your job duties
    • conditions of employment, like your hours of work
A work permit on its own is not a job offer, even if it is an open work permit.
Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.
The answer is in your own post. See the very last line of what you quoted.

Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.

That means the new job offer must meet all of the criteria required under the Express Entry program that I quoted in my post. So in the specific example we are discussing in this thread, if the OP gets a BOWP and then switches employers, this clearly does not meet the requirements under the Express Entry program and won't be classified as a valid job offer. Their new employer would need to obtain an approved LMIA in order for this to be classified as a job offer under EE. It's honestly all pretty clear.
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
The answer is in your own post. See the very last line of what you quoted.

Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.

That means the new job offer must meet all of the criteria required under the Express Entry program that I quoted in my post. So in the specific example we are discussing in this thread, if the OP gets a BOWP and then switches employers, this clearly does not meet the requirements under the Express Entry program and won't be classified as a valid job offer. Their new employer would need to obtain an approved LMIA in order for this to be classified as a job offer under EE. It's honestly all pretty clear.
Yes new job offer should meet all criteria mentioned in my previous post to be valid, and as per this specific example if OP gets BOWP then open work permits have some advantage, like: An open work permit, on the other hand, lets foreign workers work in any position, for any employer, anywhere in Canada. Since open work permits are not restricted to an occupation or employer, they do not require an LMIA.

So requirement of LMIA will be fulfilled by BOWP and he just need new job offer which says employer will provide him employment after getting PR