Extending status to wait for AOR and apply for BOWP, then withdraw first application

[Mariel28]

Hello,

For context: my open work permit expires in a month. My NBPNP Non-express Entry PR Application has recently been submitted, but the AOR has not been sent to me. Fortunately, a work permit support letter has been given to me after getting nominated, which I can use to get a closed work permit. However, I prefer getting an open work permit through a BOWP using the AOR, if I receive it soon. The problem is I don't think I will receive it soon.

Now, I am planning on applying for an LMIA-exempt work permit using the work permit support letter, which should give me maintained status until I receive the AOR, at which point if a decision has not been made on the work permit application, I will apply for a BOWP and withdraw the first application. Is this strategy viable? Has anyone tried this before? Any advice is greatly appreciated.

 

[scylla]

Hello,

For context: my open work permit expires in a month. My NBPNP Non-express Entry PR Application has recently been submitted, but the AOR has not been sent to me. Fortunately, a work permit support letter has been given to me after getting nominated, which I can use to get a closed work permit. However, I prefer getting an open work permit through a BOWP using the AOR, if I receive it soon. The problem is I don't think I will receive it soon.

Now, I am planning on applying for an LMIA-exempt work permit using the work permit support letter, which should give me maintained status until I receive the AOR, at which point if a decision has not been made on the work permit application, I will apply for a BOWP and withdraw the first application. Is this strategy viable? Has anyone tried this before? Any advice is greatly appreciated.

Suggest posting to the PNP section of the forum. I don't think this exact plan is viable since withdrawing the first application will put you in Canada without status.

 

[Mariel28]

Suggest posting to the PNP section of the forum. I don't think this exact plan is viable since withdrawing the first application will put you in Canada without status.

Thanks for the reply. Could you tell me why you think I'd lose my status if I withdraw the first application? Since I would be applying for a BOWP before withdrawing, wouldn't that new application maintain my status even without the first one? Thanks so much, and I'll also try asking this in the PNP section.

 

[scylla]

Thanks for the reply. Could you tell me why you think I'd lose my status if I withdraw the first application? Since I would be applying for a BOWP before withdrawing, wouldn't that new application maintain my status even without the first one? Thanks so much, and I'll also try asking this in the PNP section.

No. The new application alone will not maintain your status. You will fall out of status if you withdraw the first application.

You only have maintained status if you submit an application before your original visa expires and as long as that first application continues to be processed. If you then withdraw that application, you lose maintained status. The second application will not give you maintained status since it will be submitted after your original visa expired.

 

[Mariel28]

No. The new application alone will not maintain your status. You will fall out of status if you withdraw the first application.

You only have maintained status if you submit an application before your original visa expires and as long as that first application continues to be processed. If you then withdraw that application, you lose maintained status. The second application will not give you maintained status since it will be submitted after your original visa expired.

I see, that makes sense. But what if I don't withdraw the application? The first one would give me a closed work permit once a decision has been made, but shortly after I should get my BOWP too, so I would have an open work permit anyway, right? I do believe multiple work permits are allowed, so I think this should work. Thanks again for answering!

 

[scylla]

I see, that makes sense. But what if I don't withdraw the application? The first one would give me a closed work permit once a decision has been made, but shortly after I should get my BOWP too, so I would have an open work permit anyway, right? I do believe multiple work permits are allowed, so I think this should work. Thanks again for answering!

I don't know the answer.

 

[scylla]

I see, that makes sense. But what if I don't withdraw the application? The first one would give me a closed work permit once a decision has been made, but shortly after I should get my BOWP too, so I would have an open work permit anyway, right? I do believe multiple work permits are allowed, so I think this should work. Thanks again for answering!

Also keep in mind that if your nomination is based on a job offer or employer support, you can't change employers until you have PR (unless the program allows employer changes and your new employer is able to support your application in the same way as your original employer).

 

[Mariel28]

I don't know the answer.

Ok, thanks for your time!

 

[Mariel28]

Also keep in mind that if your nomination is based on a job offer or employer support, you can't change employers until you have PR (unless the program allows employer changes and your new employer is able to support your application in the same way as your original employer).

Yeah, but my nomination certificate doesn't have employment restrictions, so I think I'm good.