Complicated case. Very stressed, please help.

[gks123]

That's great news - congrats.

Based on normal (pre-COVID rules), applying for the BOWP gives you implied status which allows you to contiue working under the conditions of your existing work permit. Your existing work permit is a closed work permit tied to our specific employer. So under implied status, you can only work for that existing employer. Once your BOWP is approved, you'll be able to work for any employer since you'll be holding an open work permit. I'm not familiar enough with the COVID-19 related exceptions to comment on whether this rule has changed.

Can you quote the full exemption here and provide the link to the IRCC web site?

Here it is... https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html

Any other suggestions come to mind which can allow us to legally stay and continue my wife's treatment?

- my wife has an Open work permit which is also linked to my work permit.
- she is currently employed ( any chance we could apply for her extension)
- I will be submitting my PR application this week.
- will be applying to for BWOP ( any idea on the realistic processing time for this)


Thanks so much for your time and help.

 

[gks123]

Congratulations!!!. The public policy exception is only applicable to you if you got an offer letter and apply for the new closed work permit or extension of existing (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html ). They will not approve it under PPE if you apply for the open work permit (mine was rejected). So as soon as you submit the PR application, apply for BOWP. I think, you cant start a new job until your BOWP is approved as that application is tied with your PR application.

Also a little unclear as to why your application was rejected..you applied under PPE for an open work permit without a job offer? Is that correct?

 

[lostinquebec]

Also a little unclear as to why your application was rejected..you applied under PPE for an open work permit without a job offer? Is that correct?

From what I understand, the COVID-19 public policy exception only allows you to renew an existing closed WP to a new closed WP, either with same employer or new employer, and if it´s a new employer you may be able to start working right away as soon as you get the confirmation from IRCC while new WP is still in process.

But this policy exception does not allow you to apply from existing closed WP to open WP (which I believe is what happened with khan001) nor is applicable when applying for BOWP. For BOWP same rule applies as before COVID-19, you have to wait until your new BOWP is fully approved before you can start working once your previous WP is expired or no longer valid. Implied status here allows you to stay legally in Canada with the same last status you had (closed WP but not yet open WP).

 

[Khan001]

So you were rejected under PPE because you applied for open work permit? If I apply for BWOP, then should I also write to IRCC under the PPE? Also, what makes you think I can start a new job on implied status ( just want to be sure if tahts legal. Although, several consultants have told me that I can). I am hoping to get an offer letter soon ( but that will not have LMIA)...with that and BWOP, should I be applying under PPE?
My wife's treatment is going on, and my permit ends on September 30. I will need to have a job for treatment to continue...will it continue under implied status?

Yes, earlier I applied for BOWP and requested PPE but the request was rejected. Then I applied for the closed work permit and requested PPE which was accepted and I got closed work permit approval within 3 days. My BOWP application is still under process. There is nothing wrong if you try to request PPE while you apply for BOWP (but the chances are it will be rejected). As soon as you got job offer, I would suggest to apply for closed work permit as well and request for PPE. My job offer was also LMIA exempt. My employer didn't allow me to work under implied status until I got the physical copy of work permit. All the best.

 

[Khan001]

From what I understand, the COVID-19 public policy exception only allows you to renew an existing closed WP to a new closed WP, either with same employer or new employer, and if it´s a new employer you may be able to start working right away as soon as you get the confirmation from IRCC while new WP is still in process.

But this policy exception does not allow you to apply from existing closed WP to open WP (which I believe is what happened with khan001) nor is applicable when applying for BOWP. For BOWP same rule applies as before COVID-19, you have to wait until your new BOWP is fully approved before you can start working once your previous WP is expired or no longer valid. Implied status here allows you to stay legally in Canada with the same last status you had (closed WP but not yet open WP).

Exactly!!!!

 

[gks123]

Yes, earlier I applied for BOWP and requested PPE but the request was rejected. Then I applied for the closed work permit and requested PPE which was accepted and I got closed work permit approval within 3 days. My BOWP application is still under process. There is nothing wrong if you try to request PPE while you apply for BOWP (but the chances are it will be rejected). As soon as you got job offer, I would suggest to apply for closed work permit as well and request for PPE. My job offer was also LMIA exempt. My employer didn't allow me to work under implied status until I got the physical copy of work permit. All the best.

So a new job offer will also need LMIA. I may be able to get a job offer but that will not be LMIA exempt or approved.
My situation is such that I might just have to write a letter of explanation with my work permit and request to expedite BWOP. With my wife treatment and new born baby, I think I can request as a vulnerable category. Can't travel back to India coz of the virus spread and can't afford to live in Canada without a job for an indefinite period of implied status. BWOP are also taking a lot longer than the processing time of 95 days.

 

[gks123]

Yes, earlier I applied for BOWP and requested PPE but the request was rejected. Then I applied for the closed work permit and requested PPE which was accepted and I got closed work permit approval within 3 days. My BOWP application is still under process. There is nothing wrong if you try to request PPE while you apply for BOWP (but the chances are it will be rejected). As soon as you got job offer, I would suggest to apply for closed work permit as well and request for PPE. My job offer was also LMIA exempt. My employer didn't allow me to work under implied status until I got the physical copy of work permit. All the best.

I'm in IT. 2174 is my code...any suggestions where I could search for LMIA exempt jobs. That seems like the only option.

 

[OnceMore]

Hi! Since you took out the time to reply on my question I wanted to update you and check with you again.
We declined that ITA mentioned in my original post to avoid the risk for not making the CRS score. So glad that we did. Because we luckily got through in the CEC specific draw of 445 point on 22 July.
Now my question is that we will be submitting our PR application by next week ( waiting for PCC). After that if I apply for BOWP, can I start a new job in the interim on implied status? [ I was on a closed work permit and my job was terminated..I read somewhere that on BOWP the conditions of original work permit need to stay. However, the new Covid specific exemption policies make me believe taht even if I was on an employer specific WP, if I apply for an open work permit and get a new job offer, I can join that and will be infact processed on priority( the new exemption policy mentions nothing about LMIA of the new job offer) Discussed with a few consultants who say we can start a new job while BOWP is in process. Kindly guide.

I am in a similar situation (in terms of a questionable 'offer letter' and its 50 pts), my only hope of a clean save is CEC specific draw with low cutoff, just like yours. At what point in time did you edit your EE profile to remove the Arranged Employer (offer letter) 50pts? Was it before you got your 2nd ITA for CEC specific draw or after (it gets locked after you get an ITA)? Or you still haven't edited or inform IRCC about you not being able to supply a 'valid offer letter'.

Hope your wife is doing better, it must be so tough dealing with all of this, best wishes for everything.

 

[gks123]

I am in a similar situation (in terms of a questionable 'offer letter' and its 50 pts), my only hope of a clean save is CEC specific draw with low cutoff, just like yours. At what point in time did you edit your EE profile to remove the Arranged Employer (offer letter) 50pts? Was it before you got your 2nd ITA for CEC specific draw or after (it gets locked after you get an ITA)? Or you still haven't edited or inform IRCC about you not being able to supply a 'valid offer letter'.

Hope your wife is doing better, it must be so tough dealing with all of this, best wishes for everything.

Hey, we declined the invitation based on 501 points and edited our profile ..which brought it down to 451. We recieved ITA at 452 points. We then had the federal draw of 478 and then a CEC specific draw in July which was 445. So we got a fresh ITA.
I think it's better to decline if you're I a similar situation...it's better to wait and get a fresh ITA or PNP nomination instead of living with fear for 6 months that PR with get rejected misrepresentation.. although we got both suggestions from lawyers and consultants

 

[gks123]

@Khan001 @lostinquebec @scylla just wanted to check with you guys.
Submitted my PR application and applied for BOWP. Got a new job offer ( does not have LMIA) but my job code (2174) is eligible for global talent stream. salary 80k+
I want to apply under the covid exemption policy for faster processing ( old closed WP expires on 30th September).
I already have a Bowp in process...should/can I also apply for a new closed work permit based on my new job offer?
Will my employer need to apply for LMIA for me to apply for closed WP?
Don't want to lose this job. What are my options? Pleaseee help..

 

[myfavworld]

Express entry Application in pool since November, 2019. Working in Canada since January 2019 on closed Work Permit- has been over 1.5 years now. Wife also in Canada on open work permit based on my Visa. Wife diagnosed with breast cancer in January and started treatment.
Accepted ITA at draw of 452 points in May draw. Profile points were at 501 ( including 50 points of assured employment ** remember this point is important**).
On May 20, also had a baby in Canada. ( Wife was diagnosed while pregnant)
On 1 July, the employer on my closed permit telephonically informed me of lay off/ termination but hasn't given an official termination letter yet and said that will give it when lockdown restrictions eases a little. meanwhile I had applied for my paternity LOA and was sanctioned 2 days after this call. So technically won't get my termination letter until september 20th, till atleast my LOA (furlough) expires.
My work permit expires on 30th September, 2020.
Now I plan to apply for bridging work permit. since I don't have an official termination letter yet, and i'm on furlough, Do I need to update my points on my profile informing that i will get laid off? If I do that I lose 50 points and it will come to 451 points and I accepted ITA at 452 points. Damn 1 point!
Or should I submit my profile with the existing points and update IRCC when I officially get a termination letter?

Also, if I get Bridging work permit, then can I accept a job from a different employer? How will I got about updating IRCC?

OR can I accept and explain my case to IRCC on humanitarian grounds?
I can not go back in September with a 3 month old baby and between my wife's chemo sessions.

Also, Is PNP for Ontario an option? Since I have 1 year of work experience in Canada.
Pleaseeeee help!

how did it go for you? did you withdraw. I believe if your eligibility clearance would have had happened without updating cic you could get copr.

 

[Danish4210]

Congratulations!!!. The public policy exception is only applicable to you if you got an offer letter and apply for the new closed work permit or extension of existing (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html ). They will not approve it under PPE if you apply for the open work permit (mine was rejected). So as soon as you submit the PR application, apply for BOWP. I think, you cant start a new job until your BOWP is approved as that application is tied with your PR application.

I have CSQ and a closed work permit and I applied for an open work permit under public policy. My new employer requires an open work permit, submitted the application on 21 July..still waiting for an open work permit to join my new employer, is anyone in similar condition?

 

[Danish4210]

Congratulations!!!. The public policy exception is only applicable to you if you got an offer letter and apply for the new closed work permit or extension of existing (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html ). They will not approve it under PPE if you apply for the open work permit (mine was rejected). So as soon as you submit the PR application, apply for BOWP. I think, you cant start a new job until your BOWP is approved as that application is tied with your PR application.

you had closed work permit with LIMA or CSQ? i guess it was under LIMA therefore IRCC rejected it. In my case I was asked to submit CSQ.