Please help! BOWP refused without reason -- next steps?

[laloona]

Hi guys.

I applied for a BOWP on Aug 5 (my PGWP expired Aug 10 + I had received AOR Jul 29) and it was refused. However they did not tell me WHY it was refused. From here I am wondering what to do. The letter suggested applying for restoration + work permit, but I thought I can't apply for a BOWP if my original WP expired. Are they trying to get me to waste money on these applications? Should I just apply for a TRV and do I need restoration for that as well?

I really just don't know what to do. I don't know why I was rejected and I cannot appeal it or find out what happened. I fit all the criteria for a BOWP. Here is the letter CIC sent:

September 2, 2014

UCI: xxxxxxxx
Application: xxxxxxxxxx

This letter refers to your application for work permit.

Your application as requested is refused.

Foreign nationals currently in Canada who have submitted an application for permanent
residence (PR) under the Federal Skilled Worker Program (FSWP), the Canadian Experience
Class (CEC), the Provincial Nominee Program (PNP) or the Federal Skilled Trades Program
(FSTP) and who meet program eligibility requirements, may be considered for a bridging open
Work Permit (WP) if their current WP will soon expire.

To be eligible for a bridging open WP, the following parameters must be met:

- The foreign national is currently in Canada;
- They have valid status on a WP that is due to expire within 4 months;
- They have received a positive eligibility decision on their PR application under one of the
Economic Class programs above; and
- They have made application for an open WP.

We also wish to advise you that your temporary resident status expired on 2014/09/02.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status
you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s) in the amount of
$355.00. Payments should be made online. When
you are finished, you must print the receipt of payment and include it with your
application. If you are unable to pay online, please contact the Immigration Call Centre,
toll free, at 1-888-242-2100.
 all required documents in support of your application.

Please consult the section “Restoration of status” in the application guide: “Applying to
change conditions or extend your stay in Canada”. Restoration applies to each member
who has lost his or her status. Please note that there is no guarantee your application will be
accepted.

Should you choose not to apply for restoration of your status, you will remain a person
without legal Temporary Resident Status and as such will be required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken
against you.

 

[astasi]

Did you call CIC at 1888-242-2111 and explain your situation? It is a clear case of an error on part of the case officer.

 

[JMGRL]

Do you have a PR application in process?

 

[laloona]

Yes, JMGRL. I have a PR application in process since May and have already done medicals!

I can call CIC but they say on the website that they cannot give information about specific cases, so I don't know what they can tell me.

 

[karenv]

I just have a question. You received AOR on July 29. How come you can complete your medical in May? Are you provincial nominee? which PR program did you apply for?

 

[laloona]

No KarenV, I got my AOR July 29 and had my medicals done and send the next day (Jul 30). I had submitted my PR application May 15.

 

[astasi]

You are not calling CIC regarding the progress of your PR application so I suggest you go ahead and make that call and discuss the refusal of your BOWP application.

 

[ragluf]

Yes, JMGRL. I have a PR application in process since May and have already done medicals!

I can call CIC but they say on the website that they cannot give information about specific cases, so I don't know what they can tell me.

Hi,

Right now, what is pressing at hand is you do not have status, so the recourse for you - extend/change your stay to a visitor. There is no guarantee it will be approved, but the objective here is if you wish to remain in the country while trying to find out ways to get a reason on your refusal, get a new WP or wait out the PR application, then you buy time with that application. You get implied status until a decision is made on your visitor application, as long as you apply within the 90-day period giving to you for restoration.

Some may view it as a waste of money - but it all depends on what your immediate plans are - buy added time now or fly back to your home country and wait out the results of the PR application.

.../atb

 

[karenv]

I think ragluf is right. You may apply for BOWP again. Write an explanation letter to them and state that you are eligible for the BOWP.

As long as you apply, you will have implied status and can continue working until the result is out.

 

[ragluf]

I think ragluf is right. You may apply for BOWP again. Write an explanation letter to them and state that you are eligible for the BOWP.

As long as you apply, you will have implied status and can continue working until the result is out.

@karenv,
To clarify -
1. The OP (laloona) already has a refusal for the BOWP, for what unknown reason - the result has been given. This is unfortunate, but right now, it is a refusal, and the OP should try to get a tangible reason for the refusal.

2. A result of the refusal, at this time, the PGWP has expired, so the OP has no status right now and cannot continue to work. You can't restore status to an expired permit, and you cannot get implied status on this also. Also, the OP is ineligible for applying for a BOWP - the PGWP has expired at this time.

- the recourse is to apply for restoration and to change conditions to a visitor to still get temporary status (as a visitor). Whether this application is successful or not is not relevant if the intention is to get status NOW - because by applying - the OP gets implied status (as a visitor) and can stay (but not work) until the results are received. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

@laloona,

You have 90 days to apply for restoration, as you have no status. You cannot continue to work right now, as the PGWP has expired. While you seek answers to the BOWP refusal, keep in mind you have no-status and be mindful of the time given for you to file a restoration application.

...Good luck and all the best

 

[Ed_nia]

Oh my friend why did you allow the PGWP to nearly expire (just 5 days remaining) before applying for BOWP? Besides, from CIC's reply you can see that a BOWP candidate must satisfy ALL the conditions listed there and not just some. By this I mean your PR application must have at least progressed to IP or DM......I don't think simply doing medicals will qualify for this (especially if the medical result hasn't yet been uploaded as RECEIVED in your Ecas).
Bottom-line, try and normalize your status ASAP by getting restoration of status and then think of other ways to get a new WP. Good luck!

Hi guys.

I applied for a BOWP on Aug 5 (my PGWP expired Aug 10 + I had received AOR Jul 29) and it was refused. However they did not tell me WHY it was refused. From here I am wondering what to do. The letter suggested applying for restoration + work permit, but I thought I can't apply for a BOWP if my original WP expired. Are they trying to get me to waste money on these applications? Should I just apply for a TRV and do I need restoration for that as well?

I really just don't know what to do. I don't know why I was rejected and I cannot appeal it or find out what happened. I fit all the criteria for a BOWP. Here is the letter CIC sent:

 

[laloona]

Oh my friend why did you allow the PGWP to nearly expire (just 5 days remaining) before applying for BOWP? Besides, from CIC's reply you can see that a BOWP candidate must satisfy ALL the conditions listed there and not just some. By this I mean your PR application must have at least progressed to IP or DM......I don't think simply doing medicals will qualify for this (especially if the medical result hasn't yet been uploaded as RECEIVED in your Ecas).
Bottom-line, try and normalize your status ASAP by getting restoration of status and then think of other ways to get a new WP. Good luck!

My medicals have been updated as received in ECAS. I waited so long to apply for BOWP because I had not yet received AOR (positive eligibility) on my PR application. Otherwise BOWP would probably have been refused anyway!

Astasi: I tried calling CIC but they said call volume was too high. I will try again later continue to see if I can find the reason it was rejected.

Immigration is not fun!

 

[astasi]

Hi laloona,

I was in a similar situation 2 years ago and I successfully got my work permit by calling CIC and sending a letter to Vegreville.

I had applied for a closed work permit without the LMO by using a file number as my employer had just applied for LMO and I needed implied status to continue working and maintain my status.

However the case office without bothering to see that my LMO had already been approved like a week before he rejected my work permit application I called CIC and also sent a letter by Xpresspost. It took me another month but at the end I got a new work permit and I didn't had to apply for restoration either.

I advise sending a letter addressed to The Team Leader and explaining that the case officer had made an error in rejecting your BOWP application and attach the copy of the AOR email received for your PR application.

I will PM the address for sending the letter.

Hope everything works out for you.

A.

 

[moonbow2010]

From what I can see, the biggest reason for ur rejection is:

a) they have valid status on a work permit that is due to expire within four months;

Your WP was to expire within five days. By the time they reviewed ur case, probably after several days of ur submission, it already passed Aug 10.

The second possible case could be: they have received a positive eligibility assessment on their permanent residence application under one of the Economic Class programs above.

They made it really vague what is a positive eligibility.

Foreign nationals in the PNP are eligible if they have provided a copy of the nomination letter issued by the nominating province or territory with their application and there is no indication that employment restrictions exist as conditions of the nomination.

For PNP applications, the status of the Eligibility EC-QC/PNP activity has been set to “Passed” or the Acknowledgment of Receipt letter or e-mail has been sent by the Centralized Intake Office (CIO).

Seriously, are u in some employer-driven PNP? or ON PNP?

 

[laloona]

Moonbow2010, once you apply, even if it is 1 day before the expiry of your last WP, they have to treat it as normal. This is how/why you have implied status until they make a decision on your application.

I applied for PR under QSW, and my CSQ & PGWP are both open to any employer.