CEC application/duration for a positive review/BWOP/implied status

[Mutenye]

Details from a traumatised person:

My current work permit expires on October 24 2015.

I currently have a new job and will have accumulated 52 weeks of valid work experience by the final week of September, first week of October. In the first week of October I must travel abroad for work for 11 days and will return a few days before my permit expires.

I want to apply under the CEC for PR and a bridging permit while I await approval.
I have a number of questions:
(A further last complication is that I live in Quebec but completely understand that in applying for PR through CEC I can't stay in Quebec to work so must prove my sincere intent to move elsewhere but that is a different complication relating to PR)
My questions are as follows:

1. How long does it generally take to receive a positive review for being eligible after you have applied under CEC?

2. If it takes over a month etc. for this review is it possible to submit the application a week or two before I actually pass the 52 weeks of experience or is it counted from the date you began your first job to the date you submitted your application? If so I obviously will wait until I have officially 52 weeks before sending in my application.

3. If I must wait until the exact moment of passing my 52 weeks of valid experience and I must travel for work and return just before expiry what are my options/situation regarding re entry? I wanted apply for a Bridging permit before I left to travel for work (so I'd have a receipt of application for a BWP to re enter without complication) but I can't do so without a file number which I would receive upon a positive review of my CEC PR application. Is this correct?

4. If I re enter Canada with a week left on my work permit and without a positive review (as in still waiting) on my CEC and/or my bridging work permit application receipt will I be made to enter as a visitor thus eliminating my possibility of applying for a BWP?

5. Is there a thing called implied status that could help me overcome these issues?

6. Am I totally screwed? If not is there way to navigate all the above?

I sincerely thank anyone who replies and advises me on what I could do to balance this very complicated and stressful equation

 

[c2h5oh]

1. How long does it generally take to receive a positive review for being eligible after you have applied under CEC?

3-6 weeks for most people

2. If it takes over a month etc. for this review is it possible to submit the application a week or two before I actually pass the 52 weeks of experience or is it counted from the date you began your first job to the date you submitted your application? If so I obviously will wait until I have officially 52 weeks before sending in my application.

You can't apply early. Only experience up to the point you submit your application counts. Before you ask - there is no way around it.

3. If I must wait until the exact moment of passing my 52 weeks of valid experience and I must travel for work and return just before expiry what are my options/situation regarding re entry? I wanted apply for a Bridging permit before I left to travel for work (so I'd have a receipt of application for a BWP to re enter without complication) but I can't do so without a file number which I would receive upon a positive review of my CEC PR application. Is this correct?

You have to return before your work permit expires. While you are waiting for BOWP you are on implied status, that allows you to stay in Canada and work while waiting for BOWP, but does not allow re-entry. The current wait time for BOWP is close to 4 months.
If you don't get AOR (confirmation that you are eligible for CEC PR) before your work permit expires you should apply for BOWP anyway (before wp expires) mentioning you are waiting for it, otherwise you won't get BOWP - you can only apply when your current work permit is still valid.

4. If I re enter Canada with a week left on my work permit and without a positive review (as in still waiting) on my CEC and/or my bridging work permit application receipt will I be made to enter as a visitor thus eliminating my possibility of applying for a BWP?

No, if your previous WP is still valid you will be able to re-enter. Technically they can still deny you entry, but I haven't heard about that happening to anyone. Ever.

5. Is there a thing called implied status that could help me overcome these issues?

Implied status is a continuation of your current, valid status while you are waiting for BOWP/visa reneval. As long as you apply before your current visa/wp expires (I don't know if you have to apply from Canada, but I don't think so) you will be able to stay and work in Canada under the conditions of your current visa/wp (so implied status for someone with a closed wp still means closed wp). More here canadianimmigrant.ca/slider/implied-status-what-is-it-and-what-changed-recently

6. Am I totally screwed? If not is there way to navigate all the above?

As long as you apply for CEC PR, apply for BOWP, and are back in Canada before your PR expires you will fine. Far from perfect, but at least it's not hopeless.

 

[GinnyPi]

Details from a traumatised person:

My current work permit expires on October 24 2015.

I currently have a new job and will have accumulated 52 weeks of valid work experience by the final week of September, first week of October. In the first week of October I must travel abroad for work for 11 days and will return a few days before my permit expires.

I want to apply under the CEC for PR and a bridging permit while I await approval.
I have a number of questions:
(A further last complication is that I live in Quebec but completely understand that in applying for PR through CEC I can't stay in Quebec to work so must prove my sincere intent to move elsewhere but that is a different complication relating to PR)
My questions are as follows:

1. How long does it generally take to receive a positive review for being eligible after you have applied under CEC?

2. If it takes over a month etc. for this review is it possible to submit the application a week or two before I actually pass the 52 weeks of experience or is it counted from the date you began your first job to the date you submitted your application? If so I obviously will wait until I have officially 52 weeks before sending in my application.

3. If I must wait until the exact moment of passing my 52 weeks of valid experience and I must travel for work and return just before expiry what are my options/situation regarding re entry? I wanted apply for a Bridging permit before I left to travel for work (so I'd have a receipt of application for a BWP to re enter without complication) but I can't do so without a file number which I would receive upon a positive review of my CEC PR application. Is this correct?

4. If I re enter Canada with a week left on my work permit and without a positive review (as in still waiting) on my CEC and/or my bridging work permit application receipt will I be made to enter as a visitor thus eliminating my possibility of applying for a BWP?

5. Is there a thing called implied status that could help me overcome these issues?

6. Am I totally screwed? If not is there way to navigate all the above?

I sincerely thank anyone who replies and advises me on what I could do to balance this very complicated and stressful equation

I guess you know that you have to receive an invitation to apply (via Express Entry) before you can submit an application for CEC??

Since you don't have an LMIA or a provincial nomination, it might take a few rounds for you to get drawn. You will be cutting it really close, but at least a BOWP application will buy you some time on implied status.

Your best bet is to ensure that you have a solid application. This way even if you have to stop working for a few months, you can submit your CEC application immediately you get an ITA, and you can be confident that you'll get an approval.

Start planning now, and do whatever you can to get as many EE points as possible (for example, you should take both French and English tests).

Because your situation involves timing issues, and you will likely find yourself without a work permit at some point, I would urge you to use a lawyer. I often suggest real-life professional help when there are time constraints or anything "non-straightforward" about a case.

 

[Mutenye]

Hi Ginny,

Yes I know about express entry and have registered to do my English exam in the next couple of weeks. As I don't yet have 52 weeks of experience I can't begin applying yet anyway right?

I have also began getting my MA and BA degrees verified and will do a French exam. Points wise I think I should be ok although I am of course under 600 as I don't have an offer of employment etc.

Once I start my PR process I will then submit a Bridge permit application (via mail) before I leave for my work trip and hope that application copy etc. will get me back in the country legally first of all. After that yes, I will be holding on for dear life!

Unfortunately I have yet to find a lawyer who knows things like I do...which is worrying as most of what I learn comes from CIC website and forums... and it's quite costly to go see a lawyer to find out whether they know what they are doing or not. If I find a lawyer who is ready and up to speed on everything then for sure I'll retain one... but for now, I'm working alone as I have yet to meet or be recommended anyone I can rely on...

Thank you for your reply.

My first aim is to get implied status and a bridging permit. After that I'll worry about my points and the length of time it takes. I will have to leave my job either way as the moment I have residency I need to go away from Quebec and start over again in another part of Canada anyway...

I guess you know that you have to receive an invitation to apply (via Express Entry) before you can submit an application for CEC??

Since you don't have an LMIA or a provincial nomination, it might take a few rounds for you to get drawn. You will be cutting it really close, but at least a BOWP application will buy you some time on implied status.

Your best bet is to ensure that you have a solid application. This way even if you have to stop working for a few months, you can submit your CEC application immediately you get an ITA, and you can be confident that you'll get an approval.

Start planning now, and do whatever you can to get as many EE points as possible (for example, you should take both French and English tests).

Because your situation involves timing issues, and you will likely find yourself without a work permit at some point, I would urge you to use a lawyer. I often suggest real-life professional help when there are time constraints or anything "non-straightforward" about a case.

 

[jes_ON]

Hi - I understand what you're trying to do, but realistically, you need to look for another way.

Let's assume you are eligible and submit your profile by October 1. You will have to wait for the next draw - they have been happening approximately 2 times a month, but there are no guarantees - let's say you are extremely lucky and get an ITA with the first draw - say about October 16 - and you have everything ready to go for the CEC application (all forms, documents, PCCs, medical) and submitted after a couple of days - then you wait for the email, and then you wait for the letter AOR, which has been taking longer for people to receive. So you have no choice but to submit your BOWP application before the 24th, and you may get a couple of extra weeks on implied status, but chances are very high that it will be refused because the AOR hasn't yet been issued. Once that happens, you will be out of status, and will either have to leave, or apply to restore status as a visitor (or, as a worker, if you can get an LMIA). But you won't be able to apply again for the BOWP once the original work permit expires.

And unfortunately, it's unlikely to go quite that smoothly. I know you have to try, but you should also be working on plan B. Ideally, finding a job (with an LMIA) outside of Quebec. That's a tall order, I realize. And the most important thing is reaching eligibility, and getting your EOI submitted, so that even if you have to leave, you will be able to come back as a PR.

 

[Mutenye]

I agree, and unless I can submit my PR before my 52 weeks in the knowledge that I will pass 52 weeks while I'm awaiting an ITA there isn't much else I can do to buy time. And I'm not sure what happens if I put my PR in on 50 weeks while accumulating the extra requisite weeks as I'm awaiting the ITA.Apparently a decision on a bwop takes quite a while but I'm not sure how long precisely. I've heard its 50-60 days... but yes plan B is to just leave the country and find somewhere/something nice to do while I wait for PR.

Hi - I understand what you're trying to do, but realistically, you need to look for another way.

Let's assume you are eligible and submit your profile by October 1. You will have to wait for the next draw - they have been happening approximately 2 times a month, but there are no guarantees - let's say you are extremely lucky and get an ITA with the first draw - say about October 16 - and you have everything ready to go for the CEC application (all forms, documents, PCCs, medical) and submitted after a couple of days - then you wait for the email, and then you wait for the letter AOR, which has been taking longer for people to receive. So you have no choice but to submit your BOWP application before the 24th, and you may get a couple of extra weeks on implied status, but chances are very high that it will be refused because the AOR hasn't yet been issued. Once that happens, you will be out of status, and will either have to leave, or apply to restore status as a visitor (or, as a worker, if you can get an LMIA). But you won't be able to apply again for the BOWP once the original work permit expires.

And unfortunately, it's unlikely to go quite that smoothly. I know you have to try, but you should also be working on plan B. Ideally, finding a job (with an LMIA) outside of Quebec. That's a tall order, I realize. And the most important thing is reaching eligibility, and getting your EOI submitted, so that even if you have to leave, you will be able to come back as a PR.

 

[Mutenye]

Hi c2h,

Thank you for answering each point for me. It gives me hope and while as you say it's not perfect by any means, it is the only clear way to proceed. Thank you for confirming what I thought which is that I must have 52 weeks at the time of applying. It's going to be very tight but it might just work out! At the worst I will be refused a BWP because I haven't got either an ITA/AOR in time which would mean I would leave and wait for it but from elsewhere while doing something else. In the long run hopefully my PR will work, out at the worst. I guess my first aim is to get my PR in correctly and then to try and prolong my stay as long as possible. I was just worried about reentry while waiting for my BWP and having my status changed at the border thus meaning I could no longer work etc.

If you were a lawyer, I'd hire you.

3-6 weeks for most people
You can't apply early. Only experience up to the point you submit your application counts. Before you ask - there is no way around it.
You have to return before your work permit expires. While you are waiting for BOWP you are on implied status, that allows you to stay in Canada and work while waiting for BOWP, but does not allow re-entry. The current wait time for BOWP is close to 4 months.
If you don't get AOR (confirmation that you are eligible for CEC PR) before your work permit expires you should apply for BOWP anyway (before wp expires) mentioning you are waiting for it, otherwise you won't get BOWP - you can only apply when your current work permit is still valid.
No, if your previous WP is still valid you will be able to re-enter. Technically they can still deny you entry, but I haven't heard about that happening to anyone. Ever.
Implied status is a continuation of your current, valid status while you are waiting for BOWP/visa reneval. As long as you apply before your current visa/wp expires (I don't know if you have to apply from Canada, but I don't think so) you will be able to stay and work in Canada under the conditions of your current visa/wp (so implied status for someone with a closed wp still means closed wp). More here canadianimmigrant.ca/slider/implied-status-what-is-it-and-what-changed-recently
As long as you apply for CEC PR, apply for BOWP, and are back in Canada before your PR expires you will fine. Far from perfect, but at least it's not hopeless.

 

[GinnyPi]

Hi Ginny,

Yes I know about express entry and have registered to do my English exam in the next couple of weeks. As I don't yet have 52 weeks of experience I can't begin applying yet anyway right?

I have also began getting my MA and BA degrees verified and will do a French exam. Points wise I think I should be ok although I am of course under 600 as I don't have an offer of employment etc.

Once I start my PR process I will then submit a Bridge permit application (via mail) before I leave for my work trip and hope that application copy etc. will get me back in the country legally first of all. After that yes, I will be holding on for dear life!

Unfortunately I have yet to find a lawyer who knows things like I do...which is worrying as most of what I learn comes from CIC website and forums... and it's quite costly to go see a lawyer to find out whether they know what they are doing or not. If I find a lawyer who is ready and up to speed on everything then for sure I'll retain one... but for now, I'm working alone as I have yet to meet or be recommended anyone I can rely on...

Thank you for your reply.

My first aim is to get implied status and a bridging permit. After that I'll worry about my points and the length of time it takes. I will have to leave my job either way as the moment I have residency I need to go away from Quebec and start over again in another part of Canada anyway...

Ok, that's a relief that you know about and are preparing for the Express Entry pool. As I stated before, it is very unlikely that you will get a BOWP (because of the timing as jes_ON has explained). However, you can use your time on implied status to move out of Quebec and resettle in another province. You can even apply for work in your new province, knowing you that you will have to quit or go on a leave of absence when the BOWP is refused, and pending your PR approval. The move should help when it is time to prove your intent to live outside of Quebec. After your BOWP is refused, you could either leave Canada, or if you are visa exempt, go into the US then re-enter Canada as a visitor. If you're not visa-exempt, you can apply to restore your status as a visitor or a student.

Your concerns about lawyers are very valid. You haven't asked, but here are some tips that worked for me:
1. Find a lawyer whose only work is immigration.
2. Do some research on the Federal Court website or at canlii.org to see how successful their firm has been with litigation. I know that immigration litigation is different from immigration applications, but they have to understand the application process to be able to successfully litigate.
3. Consider paying a little extra for one of the more popular firms. The more cases they have handled, the more experience they have as a firm.

I could recommend a couple of firms. Send me a pm if you want that info.

You will probably be fine for points, but you will be in the lower end of the pool so you may not get drawn in the first draw after you enter the pool. Your focus right now should be on ensuring that you acquire as many EE points as possible, and that you have everything ready to go for the CEC application. As for that work trip, you are really cutting it close by returning just days before your permit expires. But telling them that you have applied for a renewal should be good to get you in. Do not volunteer any information that is not requested (e.g. a copy of your BOWP application).

Factoring in a few months on implied status, you should also assume that you will be out of work for 5-8 months (hopefully it will be less). Maybe you could apply for a short course that starts in January?

Summary: I think you will get your PR status eventually, but you need to take all the right steps now to ensure that it happens sooner rather than later.

 

[Mutenye]

Hi - I understand what you're trying to do, but realistically, you need to look for another way.

Let's assume you are eligible and submit your profile by October 1. You will have to wait for the next draw - they have been happening approximately 2 times a month, but there are no guarantees - let's say you are extremely lucky and get an ITA with the first draw - say about October 16 - and you have everything ready to go for the CEC application (all forms, documents, PCCs, medical) and submitted after a couple of days - then you wait for the email, and then you wait for the letter AOR, which has been taking longer for people to receive. So you have no choice but to submit your BOWP application before the 24th, and you may get a couple of extra weeks on implied status, but chances are very high that it will be refused because the AOR hasn't yet been issued. Once that happens, you will be out of status, and will either have to leave, or apply to restore status as a visitor (or, as a worker, if you can get an LMIA). But you won't be able to apply again for the BOWP once the original work permit expires.

And unfortunately, it's unlikely to go quite that smoothly. I know you have to try, but you should also be working on plan B. Ideally, finding a job (with an LMIA) outside of Quebec. That's a tall order, I realize. And the most important thing is reaching eligibility, and getting your EOI submitted, so that even if you have to leave, you will be able to come back as a PR.

Hi Jess,

Thanks for the reply. I won't be submitting my Express Entry until mid October when I am certain that I am eligible with regards to 52 weeks work experience. (I am assuming 2, half weeks of work from two previous jobs might not count etc.) So I am waiting until I have a bulletproof 53-54 weeks just to make sure I am eligible to apply and haven't miscalculated anything etc. Therefore I will literally be submitting my BWOP by mail (slower I believe) in the hope that by the time it's been opened I might have gotten my ITA and have submitted my documents in full immediately after. If it is indeed a 3-4 month wait for BOWP I have that amount of time to hope I get an AOR-ITA and submit my application right? However I do realise there are a lot of ifs/buts and maybes here. But I'm hoping my assumptions are all correct and there's not something I'm missing like for example after ITA and my full PR submission, I must wait a long time to receive something saying I've applied as opposed to the ITA being enough (before my BWOP is opened)Is the ITA my main goal here for getting a BWOP or is it a further acknowledgment after I submit my documents after the being to apply with the ITA. If it's the latter then yes, I am in trouble once my implied status is extinguished and I'll have to become a visitor and leave the country. As an FYI I have around 465 points once my education accreditation assessment is completed which is higher than the June rounds 451 but obviously isn't the magical 600 LMIA job offer number...

 

[jes_ON]

Therefore I will literally be submitting my BWOP by mail (slower I believe) in the hope that by the time it's been opened I might have gotten my ITA and have submitted my documents in full immediately after. If it is indeed a 3-4 month wait for BOWP I have that amount of time to hope I get an AOR-ITA and submit my application right?

Is the ITA my main goal here for getting a BWOP or is it a further acknowledgment after I submit my documents after the being to apply with the ITA. If it's the latter then yes, I am in trouble once my implied status is extinguished and I'll have to become a visitor and leave the country.

First, NO, the ITA is not enough for the BOWP. You have to submit your application, and wait to receive a LETTER indicating that you meet there requirements of the program (AOR), not just the email that is generated when you upload your application.

Second, BOWP refusals are usually processed much more quickly than approvals. So if you're hoping to buy some time on implied status, you might not get as much time you're hoping.

Not trying to be negative, but you are in a tough situation, and wishful thinking isn't going to help. Time lines can and do change all the time, so it won't hurt to try (except for the application fee), but again, plan B may be leaving the country for a while if you don't want to stay as a visitor.

 

[Mutenye]

Hi,
I just wanted to update everyone on where I am since my last post:

I got all my documentation together except for an upfront medical (do I need an up front medical or is it viewed as being separate to all the other requirement?) so I have my ECA, Language tests, foreign police certs x3, employer letters x 3 (Canadian) and one foreign, T4s, wage slips, proff of tax compliance etc.

I created my express entry on Oct 6th and my points are 472 getting me in under CEC. My current permit expires in late October and I didn't want to submit my express entry until I had absolutely 100%, 53 weeks (as in 52 weeks plus one for good luck) of valid verifiable work experience which I only passed on October 5th. So in a sense things are a little less desperate for me since I first posted here and I have got a lot done to get me in the game at least.

Couple of quick questions (2nd isn't so quick):

Firstly: I am about to send off my application for a BOWP. Should I go with a paper or online application assuming I need to buy as much time as possible? I believe the processing times for both streams are similar and around 135 days presently?

Secondly: I received an invitation from Ontario (PT Notification of Interest) to apply to their Provincial Programme in my express entry account (OINP under the Human Capital Priorities Stream). The application seems quite expensive at $1,500 not including fees for the Feds after. Before I jump in to applying for Ontario (I can't find much information on this programme from anyone has applied etc) I just wanted to find out how long it generally takes to process applications for Ontario and if this is a good move for me at this stage of my application? Maybe I'm super lucky to be asked to apply to Ontario? I am around 15-points over the threshold for getting an ITA under CEC as of the last draw so while I'd be happy to move to Ontario and gladly take 600 points to guarantee my PR application, I also can't afford to just burn 1,500 on a provincial application that may take a year to process for example or not be necessary points wise.

As always to everyone on this forum, thank you for your really helpful replies. If I manage to stay here, I'll make sure to give something back to everyone in the future who needs some help.

 

[dlobo2]

1. How long does it generally take to receive a positive review for being eligible after you have applied under CEC?

I got my AOR on Dec 8 2015. and a msg that states "his refers to your application for permanent residence in Canada under the Provincial Nominee Class.

Upon review of the information you have provided, your application is considered complete based upon the requirements of the Instructions and Regulation 10 of the Immigration and Refugee Protection Act (IRPA)."

Need to apply for BOWP . does this means its a posotive

 

[c2h5oh]

I got my AOR on Dec 8 2015. and a msg that states "his refers to your application for permanent residence in Canada under the Provincial Nominee Class.

Upon review of the information you have provided, your application is considered complete based upon the requirements of the Instructions and Regulation 10 of the Immigration and Refugee Protection Act (IRPA)."

Need to apply for BOWP . does this means its a posotive

See http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
for PNC there is an extra condition

Foreign nationals in the Provincial Nominee Program (PNP) are eligible for a BOWP only if they have provided a copy of the nomination letter issued by the nominating province or territory along with their application and there is no indication that employment restrictions exist as conditions of the nomination.

 

[jes_ON]

1. How long does it generally take to receive a positive review for being eligible after you have applied under CEC?

I got my AOR on Dec 8 2015. and a msg that states "his refers to your application for permanent residence in Canada under the Provincial Nominee Class.

Upon review of the information you have provided, your application is considered complete based upon the requirements of the Instructions and Regulation 10 of the Immigration and Refugee Protection Act (IRPA)."

Need to apply for BOWP . does this means its a posotive

You can apply now for the BOWP, you have to include a copy of that AOR. However, it won't be issued until your application has passed the completeness review (I don't think CIC informs you when that happens), so it will take 2-4 months to get the BOWP, most likely... (assuming your application is found to be complete).

BOWP instructions were recently updated -
http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

 

[dlobo2]

but this is whats mentioned on the cic web site

they have received ****a positive eligibility assessment** on their paper APR submitted by mail under one of the economic classes above;

now i only got the aor on dec 3, afraid if i apply for the bowp it may get rejected. pls help and clarify this for me. or should i apply 1 week befoe my wp expires