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please help for my friend depature from canada but he applied bowp

R

rajjj

Hero Member
Oct 12, 2010
305
3
TORONTO
Category........
Visa Office......
cpp ottawa
NOC Code......
6211
Job Offer........
Pre-Assessed..
App. Filed.......
19-02-2013
Doc's Request.
FEE PAID ONLINE
Nomination.....
NO
AOR Received.
05- 04-2013
IELTS Request
yes
hi all my friends please my friend need help from u guys ...he got letter from CIC vulantry departure from Canada ...but he applied for bow p..because he got aor from CIO Sydney in implied status and he guide by cic to applied for bow .but his file of bow p is under process king and he is waiting decsion ...but he can do .......is any chance to appeal against this letter..
 
may i ask why did your friend got the Voluntary Departure letter from CIC? Does it mean, that CIC asked him to leave Canada?
 
InfoSeeker12 said:
may i ask why did you friend got the Voluntary Departure letter from CIC? Does it mean, that CIC asked him to leave Canada?
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What were the outlined reasons for him being asked to leave ? Has he overstayed? Worked illegally?
 
jsm0085 said:
What were the outlined reasons for him being asked to leave ? Has he overstayed? Worked illegally?
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....or been found criminally inadmissable, or misrepresented himself?
 
jsm0085 said:
What were the outlined reasons for him being asked to leave ? Has he overstayed? Worked illegally?
[/quote
he on implied status .he did not overstay and illegally work in canada because if he did that he could not get aor from Cio. actually he applied cec application before work permit expired and vy mistake he applied study visa.and implied status he applied bowp.so his study visa denied and bowp file in process
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rajjj said:
jsm0085 said:
What were the outlined reasons for him being asked to leave ? Has he overstayed? Worked illegally?
[/quote
he on implied status .he did not overstay and illegally work in canada because if he did that he could not get aor from Cio. actually he applied cec application before work permit expired and vy mistake he applied study visa.and implied status he applied bowp.so his study visa denied and bowp file in process
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he did not worked after visa expired. in implied status he applied cec
application and got aor .and he applied bowp
Click to expand...
 
Maybe they saw through the study visa application to have implied status. It'd be a bummer but it's not very likely to apply for a study visa by mistake so I don't think they buy that excuse. Normally BOWPs are given when you already have a work permit but it is due to expire or it is a closed permit. I'm not sure if there's a way round it when he's been only on implied status for a visa he falsely applied for.

It comes down to how long he's been here since his permit expired because he may now have actually overstayed under false pretence which might not look good for the open permit, or they might not even notice. How long ago was the BOWP application? It pays to be careful at this stage of the game. Applying for a study visa just to get implied status is a dangerous move.
 
Applying for a study visa itself it not a crime nor is it considered false pretense. However, an applicant must satisfy the officer he/she will leave at the end of their authorized stay. Did the friend have an admission letter and adequate funds to pay tuition? If the officer did not believe he was a bona fide student, it would be grounds for rejection.

As I understand it:
- friend had a work permit which was due to expire soon
- he applied for CEC before work permit expired. This does NOT give "implied status".
- it appears friend eventually received AOR and applied for BOWP; was his work permit still valid at this time? If work permit had expired, the BOWP will be rejected eventually.
- to retain legal status, friend applied for a study permit, thinking this will give "implied status". Not possible because this is a change in conditions(i.e. worker to student).
- If friend did not apply for BOWP before current work permit expired, he was expected to stop working once it expired. Did he continue to work?
- officer who rejected study permit application, could probably see that he no longer had legal status to remain in Canada, hence the voluntary departure letter.

What to do:
- assuming he did not apply for BOWP or any other type of work permit before his current work permit expired, he did not have legal status from the time it expired.
- has it been 90 days since work permit expired?
a) if yes, he has no option but to obey the voluntary departure and check in with CBSA, to ensure they are aware he left Canada.
b) if no, then he still has time to apply for restoration status AND change conditions to visitor OR restoration AND change conditions to worker(if he has a LMO).
I do not know whether one can apply for restoration AND a BOWP, might be a good question to confirm with the CIC call centre or immigration lawyer.
 
Agree with SenoritaBella, 100% complete and correct - there was no implied status, the friend has overstayed and is not eligible for the BOWP...
 
jes_ON said:
Agree with SenoritaBella, 100% complete and correct - there was no implied status, the friend has overstayed and is not eligible for the BOWP...
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I agree as well. He is not eligible for the BOWP and there is nothing to appeal.
 
SenoritaBella said:
I do not know whether one can apply for restoration AND a BOWP, might be a good question to confirm with the CIC call centre or immigration lawyer.
Click to expand...

Not according to the rules, but I recall one person being successful with this. Again, it would have to be within 90 days from the expiry of the original permit, but it might be worth a gamble.

However - once a departure notice has been given, I don't know if restoration is even an option, I would think not.
 
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