extend work permit when 90 days passed

[Ninfo]

Hi,

Could anyone please answer.

If waiting for PNP decision on visitor visa. Workpermit expired and its been more than 90 days of work permit expiration. now if I get PNP approval, can I apply for BOWP or is there any other way for this ?

Like what happens if 90 days are gone after work permit expiration and PNP approved while on visitor Visa. Can I apply for workpermit ? if yes then How (which forms) ?

 

[scylla]

In order to apply for the BOWP, you must be holding a valid work permit. You can apply for a BOWP if you're just holding a visitor visa.

 

[canuck_in_uk]

You can apply for a BOWP if you're just holding a visitor visa.

I believe that scylla meant to say: You CANNOT apply for a BOWP if you're just holding a visitor visa.

 

[Ninfo]

Yeah I get that, but does that mean even if I get PNP nomination, I can't apply for a work permit if 90 days gone after work permit expiration ?

 

[Ninfo]

Could anyone please answer the question above

 

[ragluf]

Yeah I get that, but does that mean even if I get PNP nomination, I can't apply for a work permit if 90 days gone after work permit expiration ?

Reading through what you have posted also earlier.

Considering you have a PNP application and waiting for approval (LoA).
1. If your WP expired and you did not extend it or does not have any current pending application to extend it, then you can apply to restore status within 90 days.
2. If you did not restore it within 90 days, then you are out of status
3. If you did not extend it within 90 days, but have a pending application to extend as a visitor or successfully extended your stay as a visitor, then you have visitor status, but you cannot work.
4. If your PNP approval came while you are on visitor status
- you are not eligible to apply for a BOWP
- you can only apply for a new work permit on basis of PNP approval if there is an included letter of support/work support letter from the provincial nominee board. This letter can be used to apply for a work permit in lieu of an LMIA

You cannot apply for a work permit on the basis of PNP approval only. You need a letter of support or an LMIA to apply for a work permit.

.../hth

 

[Ninfo]

Thanks a ton ragluf for information.

 

[aquarius1]

Reading through what you have posted also earlier.

Considering you have a PNP application and waiting for approval (LoA).
1. If your WP expired and you did not extend it or does not have any current pending application to extend it, then you can apply to restore status within 90 days.
2. If you did not restore it within 90 days, then you are out of status
3. If you did not extend it within 90 days, but have a pending application to extend as a visitor or successfully extended your stay as a visitor, then you have visitor status, but you cannot work.
4. If your PNP approval came while you are on visitor status
- you are not eligible to apply for a BOWP
- you can only apply for a new work permit on basis of PNP approval if there is an included letter of support/work support letter from the provincial nominee board. This letter can be used to apply for a work permit in lieu of an LMIA

You cannot apply for a work permit on the basis of PNP approval only. You need a letter of support or an LMIA to apply for a work permit.

.../hth

Hi

Can I ask you when anyone got nomination after expiration of work permit but within 90 days of after expiration then can anyone get BOWP ?

I mean in this situation this work permit will be closed or open?


Thanks very much for your time.

 

[ragluf]

Hi

Can I ask you when anyone got nomination after expiration of work permit but within 90 days of expiration then can anyone get BOWP ?

Thanks very much for your time.

Unfortunately no. Those who need to restore temporary resident status (worker/student etc.) are not eligible for a BOWP. See here: http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

Excerpts:
It should be noted that the following foreign nationals do not qualify for a bridging work permit:

foreign nationals in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt) situations;
foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status;
foreign nationals whose work permits are valid for longer than four months and/or who already have a new LMIA that can be used as the basis for new work permit application;
foreign nationals applying for a bridging work permit at the port of entry;
spouses and dependants of the principal permanent resident applicant;
provincial nominees who have not submitted a copy of their nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions.

.../atb

 

[susana]

If you get your nomination under the BC PNP program, you will get a letter from the province to support your application for a work permit. You will need to apply for it at the border, make sure if you require a TRV to enter Canada, you have a valid multiple entry visa.
You cannot apply within Canada (restoration of status).

 

[Hopee]

Hi ragluf,
Thank your for your information. Can you help me with a question similar to this topic? I m on a post gradation WP which expires at beginning of Nov, 14. Bc Pnp app was submitted in 3 months ago. I'm planning to be on implied status by sending the WP extension in a week to cic in paper to buy more time. Cic most likely declines my app end of Dec, 2014. Can I apply leave the country afterwards and apply restoration status outside of Canada? If my bc pnp comes thru around February 2015, can I apply the work permit outside of Canada too?

Your help is greatly appreciated.

 

[Hopee]

If I leave Canada after cic rejects my extension due to absence of bc pnp support letter, I guess I don't need to restore my status, right? However, if my pnp app is approved in February 2015, can I come back apply a new work permit w the support letter at a visa office outside of Canada?

Thank you again for your help..

 

[ragluf]

Can I apply leave the country afterwards and apply restoration status outside of Canada?

No - see here: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp
Excerpt:
Leaving Canada

Restoration of status cannot be granted at the POE. Individuals who have failed to comply with the conditions imposed under R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.

If my bc pnp comes thru around February 2015, can I apply the work permit outside of Canada too?

Yes, provided you get a letter of support from BCPNP and use that to apply for a WP outside of Canada. Otherwise, to get a new WP, you need an LMIA (if you do not have that work support letter).

If I leave Canada after cic rejects my extension due to absence of bc pnp support letter, I guess I don't need to restore my status, right? However, if my pnp app is approved in February 2015, can I come back apply a new work permit w the support letter at a visa office outside of Canada?

Yes - if your WP extension is rejected, and without any other documentation that you can use to apply for a WP, you are out of status and:
1) Need to leave immediately and wait for the results of the BCPNP application, and if approved and a work support letter is issued, apply for a WP outside of Canada. In this case, no restoration is needed.
2) May try to restore your temporary resident status and change/extend as a visitor - added this as this is a possibility,
http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration
http://www.cic.gc.ca/english/information/applications/visitor.asp

.../hth

 

[Hopee]

No - see here:
Leaving Canada

Restoration of status cannot be granted at the POE. Individuals who have failed to comply with the conditions imposed under R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.
Yes, provided you get a letter of support from BCPNP and use that to apply for a WP outside of Canada. Otherwise, to get a new WP, you need an LMIA (if you do not have that work support letter).

Yes - if your WP extension is rejected, and without any other documentation that you can use to apply for a WP, you are out of status and:
1) Need to leave immediately and wait for the results of the BCPNP application, and if approved and a work support letter is issued, apply for a WP outside of Canada. In this case, no restoration is needed.


You're incredible! The reply was crystal clear and informative.. You have eased my concerns in many aspects.