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Critical Siutation - Advice/Suggestion/Help

SFKAS

Hero Member
Jul 27, 2014
591
97
I need all your Advice/Suggestion/Help on the situation I am in.

My PGWP expired last week of January 2015. 2 days before it expired I applied for BOWP by paper.

I had applied for CEC in the first week of Nov 2014. I hadn't got the AOR yet when I applied for BOWP and was hoping that by the time the application for BOWP will be processed I would have the AOR. I did attach supporting documents with my application for BOWP such as explanation letter, employment letter etc.

Only to find a a couple of weeks later that my application for CEC was returned due to CAP being filled. At this point Express Entry scores hadn't come down to where they are now and it looked impossible to get an ITA.

I was certain that my BOWP application will now be refused.

As the situation stands today the score is come down to 453. My score is 410. I am hopeful of an ITA within the next month but you never know.

The problem is that checking the CIC processing times currently they have started processing January applications for work permits. This means that I might be getting the refusal any day now.

I am working on implied status and the day I get the refusal I will have to stop working.

I am trying to think what I should do in this situation.

Below are the scenarios possible.

1) I might get the refusal and ITA roughly at the same time. According to my understanding I won't be able to get a BOWP after refusal as one has to have a valid work permit to get extension (bridging).
What will I do in this situation. Will I be able to restore my status to work permit rather than visitor or something else?

2) Can I send an e-mail to vegriville explaining my situation and asking them to hold their decision stating the reason that scores have come down and I will be getting ITA soon. Or asking them to give me a work permit for a couple of months by which time the situation will be resolved. I know this sounds ridiculous but that is the kind of desperate situation I am facing.
Does anyone know if there is an e-mail address for vegriville?

3)Any other situation any one can suggest? Its just a timing issue now as stopping work will change everything for me. I am quite hopeful that the ITA will come. Its a question of when and how I will handle the situation with my employer.


Please comment. Thank you!
 

nick.rwth

Hero Member
Oct 7, 2014
231
7
Ontario
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Ottawa
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EE 474 points (6th draw)
Unfortunately only way here is to wait.
I would suggest you to file a new application for BOWP - this will buy you another 2 month of work permit.
And after 2 month you have to apply for change of status as a visitor.

1) File new BOWP application - to extend your work permit.
2) Gather all documents for EE except PCC, for PCC you can file papers to receive them.
3) Prepair to apply for a visitors permit in 2 month.

Until you received refusal you can buy yourself additional time. (time to work officially)

Score of 410 on my estimation is somewhere in June
 

nick.rwth

Hero Member
Oct 7, 2014
231
7
Ontario
Category........
Visa Office......
Ottawa
Job Offer........
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Nomination.....
EE 474 points (6th draw)
When you will send new application for BOWP send it via Canada post surface mail tracked and keep the receipt. - it will buy you another week or 2
 

SFKAS

Hero Member
Jul 27, 2014
591
97
I am not sure I follow.

How can I apply for another BOWP when once application is already in process.

You can only apply for BOWP when your current WP is valid. My PGWP expired back in Jan 15.

What are you suggesting?
 

nick.rwth

Hero Member
Oct 7, 2014
231
7
Ontario
Category........
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Ottawa
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EE 474 points (6th draw)
SFKAS said:
I am not sure I follow.

How can I apply for another BOWP when once application is already in process.

You can only apply for BOWP when your current WP is valid. My PGWP expired back in Jan 15.

What are you suggesting?
Actually not correct, you can apply for a second permit of any kind while you on implied status.
Technically judge your current situation as you still on work permit.
 

nick.rwth

Hero Member
Oct 7, 2014
231
7
Ontario
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By doing so you will extend your work permit.
no any other advantage
 

scylla

VIP Member
Jun 8, 2010
95,715
22,023
Toronto
Category........
Visa Office......
Buffalo
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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
nick.rwth said:
By doing so you will extend your work permit.
no any other advantage
No - he can't. He's already on implied status and his work permit has expired. Once the first BOWP is refused - his implied status will end and he will be out of status.
 

scylla

VIP Member
Jun 8, 2010
95,715
22,023
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
SFKAS said:
1) I might get the refusal and ITA roughly at the same time. According to my understanding I won't be able to get a BOWP after refusal as one has to have a valid work permit to get extension (bridging).
What will I do in this situation. Will I be able to restore my status to work permit rather than visitor or something else?

2) Can I send an e-mail to vegriville explaining my situation and asking them to hold their decision stating the reason that scores have come down and I will be getting ITA soon.

1) You need a valid work permit in order to qualify for a BOWP. You can only restore your status back to a work permit with an approved LMIA.
2) Vegreville won't hold their decision
 

SFKAS

Hero Member
Jul 27, 2014
591
97
nick.rwth I think what you're saying is incorrect but thanks for your opnion.

Syclla I think you're absolutely correct.

You know I am just trying to find solutions when there aren't any in my opinion.

What do you think of this scenario.

I get the refusal. Then I get the ITA around same time or after. I submit my application and then get the AOR/review of eligibility passed. And all this happens while I still have time to restore my status. Can I request a work permit based on the fact that I have got the ITA and AOR. Maybe they will consider. I think it states somewhere on the CIC website that restoration to a different status might be considered.
 

mesumrizvi

Hero Member
Nov 7, 2014
680
35
Toronto - Canada
One of my friend is also under same situation.. she talked to her employer and they agreed to apply for LMIA even though it was a highly unlikely situation but she was fortunate.. she was not expecting them to agree for LMIA.
Talk to your employer and see if they are also willing to help.
As long as they apply for LMIA before a decision is made on your BOWP, you can still keep working.
Hopefully it works out for you :)
 

nick.rwth

Hero Member
Oct 7, 2014
231
7
Ontario
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
Nomination.....
EE 474 points (6th draw)
SFKAS said:
LMIA is not an option unfortunately.
Yes, I just noticed my mistake.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

2nd time application only related if original permit is till valid.
Apply for a visitors permit while you can. Explain your intentions!