Bridging Open Work permit
Dear Sir/Madam
I have recently faced a problem in my application.
I have recently received an ITA from express entry and submitted my PR application. In the PR confirmation letter it states that
"... If you are currently working in Canada on a work permit that is about to expire, and you meet all other
requirements, you may use this letter to apply for a bridging open work permit. ..."
Since I am currently working in Canada I have applied for the "open work permit". In the "determine your eligibility" inquiry, I have stated that I have already applied for a PR and I have a valid job offer.
In fact I worked as a Postdoc for the last 3 years, and am currently working with the same employer.
When I apply for an open work permit, the online submission does not ask me to upload the "PR application confirmation letter". It only asks, the filled online form (IMM5710E), photo, passport copy and medical report. And there was an optional part "Optional Documents". In this, I have uploaded only the "postdoc job offer" that I have got from my employers.
Note that here I did not provide any explanation letter stating that I have already applied for a PR, nor uploaded the "PR application confirmation letter". My reason for this is that, the officer have my UCI number and can check if I have already applied for a PR.
Unfortunately, however, my open work permit application has been refused. And the reason for this is as follows
This letter refers to your application for an open work permit.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
You are not eligible for an open work permit at this time under any of the available programs.
You have provided supporting documentation for Post-Doctoral employment. On February 21, 2015, regulations pertaining to employers hiring Labour Market Impact Assessment exempt foreign nationals under the International Mobility Program (IMP) came into effect: before the foreign national makes their application for a work permit, the employer must submit an Offer of Employment to the Minister using the electronic system made available by the Department for that purpose; employers must pay the employer compliance fee of $230.00, unless they are exempt from the fee requirement under subsection R303.1(5).
As you have not provided the Offer of Employment (Labour Market Impact Assessment [LMIA] -exempt) ID number with your work permit application which includes the $230.00 employer compliance fee, your application has been refused under R200(3)(f.1).
Please note that I have checked my PR application and it still says "Review in progress" (I applied two months ago).
Then, I went to the international students adviser/lawyer of my school. And she told me that they are confused because you have uploaded "job offer" which was not required.
1. My first question is does the officer refuses the application just because I uploaded the "job offer"?
2. My second question is does the officer is not aware of my PR application since I did not submit the "PR application confirmation letter"?
What I think is that the officer definitely knows my PR application since he is using the phrase "... at this time ..." in his decision.
And in the letter the officer states that my status is expired on the same day. This forces me to take an action on the same day.
For this reason, I ask the same lawyer what to do. She advice me to reapply again on the same "open work permit". And she told me just to upload only the "PR application confirmation letter" and "refusal decision letter" and provide explanation about the confusion.
My suggestion was to get my employer pay the "employer compliance fee of $230.00" and upload the receipt as suggested in the decision letter. However, when I ask the university lawyer, she advice me to reapply again on the same "open work permit". And she told me just to upload only the "PR application confirmation letter" and "refusal decision letter" and provide explanation about the confusion. And she explain me that if the university pay the "employer compliance fee of $230.00", I may need to apply for a LMIA exempt postdoc application category. And I just go ahead with her suggestion since I did not get time to think about all possibilities.
Now I am worried whether I make the right decision or not?
After thinking for three days, however, I thought that it is safe if I ask my university pay the "employer compliance fee of $230.00" and submit the receipt through the IRCC form to answer the concern of the Officer's decision. However, when I suggest this option, she insist me not to pay this fee, and told me that the submission of this receipt will create another "confusion" on my application.
And then, I suggest to withdraw the "open work permit" application and apply for a normal LMIA-exempt work permit (with a status restoration fee). She is also telling me that such an action will create unnecessary "suspicious" to my application.
And she told me to be patience until the outcome of the "open work permit" application.
The other more complicated stuff is as follows:
I am working for two employers: One employer which I get advice told me that I can still continue working since I did not make any mistake. On the other hand, my other employee inform me that they cannot make a payment since my "open work permit" application is refused.
Old work permit expiry date: Dec. 15, 2016
Refusal decision date: January 20, 2017.
Status expiry date: January 20, 2017 (same day as the refusal decision)
And they mention that since my work permit is refused (on January 20, 2017) after the expiry date of my old work permit (i.e., Dec. 15, 2016), I am not in the "implied status" and not allowed to work, is this correct? or am I still under the implied status?.
I am highly worried on facing such a complicated situation, and I am not totally ready to live without payment and work. And I do not know how to deal with such a situation. I am again worried about the outcome of the new "open work permit" application. And if refused it again, does it hurt my PR application and possibly future LMIA-exempt application?
Please note that I do not like to escalate the situation since I am the one paying the price. Rather would prefer to resolve the situation smoothly, but do not know how?
In this regard, I would appreciate to get an advice on how to proceed?
Thank you for your help.
