CEC/Bridging Open Work Permit and timescales/implied status under IEC

[badniks]

Hi guys,

I'm new to the forum, and I was hoping you'd be able to offer some advice on what is currently mine and my partner's plan to attempt to stay in Canada. We're both from England.

Like a lot of people, my partner and I are currently both on our final IEC work permits, and they expire in mid-September.

I will be applying for PR through the CEC as the principal applicant, with my partner as my common-law spouse. As far as the CEC is concerned, I am fairly confident of a positive outcome; I am currently going to be eligible in late May, and plan to have all the materials amassed, my language test results in and everything.

The important thing to us now is keeping our jobs and status in the meantime, as losing employment and waiting it out as visitors isn't financially viable for us.

As a result, I'm planning on applying for the Bridging Open Work Permit, and, assuming I keep my skilled job, submitting an application for a Spousal permit at the same time for my partner. An ideal situation would be for us both to be eligible for BOWPs, however an agent when I last called CIC seemed very unsure of this when I asked about it, and urged the more conventional method.

My main concern with this plan is the timescales: since I will likely only receive my AOR for the CEC application in the weeks preceding the expiry of my IEC visa, whilst I will have all the materials together to submit, it will likely take longer than the time I have left to be issued the BOWP/spousal visa, unless we get incredibly lucky with times. At first I thought perhaps we could flagpole once we got the AOR through, but it seems this isn't possible.

I haven't been able to come across any definitive information regarding implied status in these circumstances, especially regarding IEC permits. In the posts and articles I've found, there seems to be a lot of contradictory information as to whether IEC permit holders can have implied status when waiting on decisions from CIC.

I have two questions I was hoping you guys might be able to help me with:

a) does anyone have word on whether IEC permit holders can hold implied status in the interim, assuming we send everything off well in time to be received? It appears as if you can only apply for a BOWP apply 4 months before your permit expiry, but then there's around a 3 month processing time, which seems fairly harsh without some form of interim arrangement. On the face of it, the conditions seem to be satisfied but the IEC seems like a uniquely tricky beast to tame when it comes to conditions that wouldn't matter for other permits.

b) is there anything glaringly wrong with this plan that you guys see but I don't? It seems like every time I find a solution to a problem, it comes along with another problem that could threaten the whole thing.

Thanks very much guys, I'd really appreciate any input you might have.

 

[Citrus]

I am in the exact same position - CEC application went in April 2nd and my IEC work permit expires July 8th. Even if I recieve confirmation that my application is eligible by the end of this month (very unlikely from what I have read), I will then only have 2 months to get my BOWP in and approved before my IEC work permit expires, unless I am eligible for implied status?

Any answers regarding my eligibility for implied status would be much appreciated!

 

[broiler]

I'm pretty sure you're eligible for implied status as it does say, you can't have implied status unless you've applied for another work visa. Applying for another IEC does not count therefore giving you Implied status, you would have to be a tourist and not be allowed to work. However applying for BWOP does count as it's a different work visa compared to the IEC.

That's what I confidently assume anyways.

 

[YoungJC]

I am in the exact same position - CEC application went in April 2nd and my IEC work permit expires July 8th. Even if I recieve confirmation that my application is eligible by the end of this month (very unlikely from what I have read), I will then only have 2 months to get my BOWP in and approved before my IEC work permit expires, unless I am eligible for implied status?

Any answers regarding my eligibility for implied status would be much appreciated!

You will be eligible for implied status as long as you place an application for your BOWP before your initial work permit expires. Now, keep in mind the rules for BOWP.
I was on implied status earlier this year when my old work permit expired as well, its not a big deal as long as you follow the rules. Whatever rules governed you under your old work permit will govern you until you get a response from CIC.
Good luck

 

[Citrus]

Is anyone aware of any risk of me applying for a BOWP without my AOR and working under Implied Status (presumably for approx. 3 months if done by mail) until I get rejected? And chance this would have a negative impact on my CEC application?

In addition, assuming I get my AOR prior to my BOWP application being reviewed by a CIC officer, what odds of me being issued the work permit?

Thanks.

 

[LCM21]

Is anyone aware of any risk of me applying for a BOWP without my AOR and working under Implied Status (presumably for approx. 3 months if done by mail) until I get rejected? And chance this would have a negative impact on my CEC application?

In addition, assuming I get my AOR prior to my BOWP application being reviewed by a CIC officer, what odds of me being issued the work permit?

Thanks.

Hi Citrus,

I am in that exact situation right now. I applied for the BOWP without AOR, as my work permit was about to expire. I have now received my AOR and I want to contact CIC tomorrow to see if I can have my email added to the file (or sent separately). Forum member 'aand' is supposed to receive her BOWP some time this week, she went the same route. If she can get the BOWP, we'll know whether it works this way or not.

I assume there won't be a problem as long as the application has received the AOR by the time they open the BOWP application. The only tricky thing is that we don't know for sure whether they'll double-check in the system. I did include a letter with the application though.

 

[Citrus]

Hi Citrus,

I am in that exact situation right now. I applied for the BOWP without AOR, as my work permit was about to expire. I have now received my AOR and I want to contact CIC tomorrow to see if I can have my email added to the file (or sent separately). Forum member 'aand' is supposed to receive her BOWP some time this week, she went the same route. If she can get the BOWP, we'll know whether it works this way or not.

I assume there won't be a problem as long as the application has received the AOR by the time they open the BOWP application. The only tricky thing is that we don't know for sure whether they'll double-check in the system. I did include a letter with the application though.

Thanks, it's good to know I'm not the only one in this situation! Based on what seems to be the 6-week AOR rule, I would receive it the day my current visa expires - too much stress.

I'm considering doing as you have by mail the week before my visa is up (July 8) to ensure Implied Status and IF I receive my AOR before visa expiry sending an online BOWP application including the AOR.

My only concern is that, although seemingly legal, this will be viewed negatively and impact my CEC application (which I refuse to jeopardize in any way)... I'd rather go home and wait it out if this is even remotely risky.

Please advise if anyone has any concerns with this approach.

Many thanks.

 

[PMM]

Hi

Hi guys,

I'm new to the forum, and I was hoping you'd be able to offer some advice on what is currently mine and my partner's plan to attempt to stay in Canada. We're both from England.

Like a lot of people, my partner and I are currently both on our final IEC work permits, and they expire in mid-September.

I will be applying for PR through the CEC as the principal applicant, with my partner as my common-law spouse. As far as the CEC is concerned, I am fairly confident of a positive outcome; I am currently going to be eligible in late May, and plan to have all the materials amassed, my language test results in and everything.

The important thing to us now is keeping our jobs and status in the meantime, as losing employment and waiting it out as visitors isn't financially viable for us.

As a result, I'm planning on applying for the Bridging Open Work Permit, and, assuming I keep my skilled job, submitting an application for a Spousal permit at the same time for my partner. An ideal situation would be for us both to be eligible for BOWPs, however an agent when I last called CIC seemed very unsure of this when I asked about it, and urged the more conventional method.

My main concern with this plan is the timescales: since I will likely only receive my AOR for the CEC application in the weeks preceding the expiry of my IEC visa, whilst I will have all the materials together to submit, it will likely take longer than the time I have left to be issued the BOWP/spousal visa, unless we get incredibly lucky with times. At first I thought perhaps we could flagpole once we got the AOR through, but it seems this isn't possible.

I haven't been able to come across any definitive information regarding implied status in these circumstances, especially regarding IEC permits. In the posts and articles I've found, there seems to be a lot of contradictory information as to whether IEC permit holders can have implied status when waiting on decisions from CIC.

I have two questions I was hoping you guys might be able to help me with:

a) does anyone have word on whether IEC permit holders can hold implied status in the interim, assuming we send everything off well in time to be received? It appears as if you can only apply for a BOWP apply 4 months before your permit expiry, but then there's around a 3 month processing time, which seems fairly harsh without some form of interim arrangement. On the face of it, the conditions seem to be satisfied but the IEC seems like a uniquely tricky beast to tame when it comes to conditions that wouldn't matter for other permits.

b) is there anything glaringly wrong with this plan that you guys see but I don't? It seems like every time I find a solution to a problem, it comes along with another problem that could threaten the whole thing.

Thanks very much guys, I'd really appreciate any input you might have.

1. There is no implied status for IEC work permit holders as it is can't be extended
2. You can't apply for the BOWP until you have received confirmation from CIC that your permanent resident application is eligible under one of the four economic classes (FSWP, CEC, PNP and FSTP)
3. If you don't receive confirmation that you are eligible for one of the economic classes before your IEC expires, you are not eligible for BOWP.

 

[Citrus]

Hi


1. There is no implied status for IEC work permit holders as it is can't be extended
2. You can't apply for the BOWP until you have received confirmation from CIC that your permanent resident application is eligible under one of the four economic classes (FSWP, CEC, PNP and FSTP)
3. If you don't receive confirmation that you are eligible for one of the economic classes before your IEC expires, you are not eligible for BOWP.

For anybody else in the same situation, I called CIC this morning and this is what they had to say:

If you apply for a BOWP before the expiry of your current IEC work permit, you are considered to be under Implied Status until a decision is made on your BOWP application. If you apply by mail, you will receive the decision by mail.

If you have not yet received your AOR, you can still apply for the BOWP. The officer recommended you include a letter outlining your situation and that you are expecting to receive the AOR imminently. She also made it clear that she could not advise whether or not the application would be considered by the processing officer.

IF the officer approves your BOWP application then you are set. If the officer refuses your application then you have 90 days to apply for restoration of status.

I hope this helps!

 

[LCM21]

For anybody else in the same situation, I called CIC this morning and this is what they had to say:

If you apply for a BOWP before the expiry of your current IEC work permit, you are considered to be under Implied Status until a decision is made on your BOWP application. If you apply by mail, you will receive the decision by mail.

If you have not yet received your AOR, you can still apply for the BOWP. The officer recommended you include a letter outlining your situation and that you are expecting to receive the AOR imminently. She also made it clear that she could not advise whether or not the application would be considered by the processing officer.

IF the officer approves your BOWP application then you are set. If the officer refuses your application then you have 90 days to apply for restoration of status.

I hope this helps!

I was told the exact same thing when I called them last month. It is definitely nice to know that different officers say the same thing. I can't see why they wouldn't process the BOWP if you explain that you have applied for PR and are expecting your AOR shortly.

 

[lrow]

Hi PMM and others..

I want to apply for bridging work permit and will continue working with same employer. My FSW 2 application is in process (Medicals sent for this PR) .

Question1: What does it mean when they say below in the document checklist (http://www.cic.gc.ca/english/pdf/kits/forms/IMM5556E.pdf)

... Job offer letter or contract from employer ...
Is it really needed for open work permit ??
Can I give the original offer letter from my employer when I came to canada (in 2009) .


Question2: Where exactly I indicate that I want to apply for a bridging open work permit . There is nothing in the form which states that .