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Refused BOWP

Apr 24, 2013
7
0
Guys, We sent off our PR application (CEC) mid September and were informed by the bank that it was cashed on the 18th December, needless to say we were over the moon as we thought this was an early Christmas present and thought getting the actual AOR would take care of itself over the coming weeks.

We had also applied for a BOWP on the 14th November as our current permits were due to expire 2 days later on the 16th, we had been advised to leave it as late as possible so that the PR application could be processed and hopefully with the addition of a cover letter explaining this, it might fall in to place together, So as i said, we were over the moon when we got advised that the PR bank draft had been cashed and were advised in a call to the CIC on Monday 22nd that they were only working on BOWP on-line applications from 5th November, said it would still take roughly 2 to 3 weeks to process ours.

Sadly all of the above went right out the window and we received an email on the 24th December stating that we had been refused, for what I can only think is because we didn't have a physical copy of the AOR yet ?

We have now been advised that my kids have to stop School and we have to stop work instantly, we can apply to have our status reinstated at additional cost, however there is no guarantee and from what people are saying this is not an easy option, So it looks like were going to have to give up everything we have built up over the past 2 years and move home, this has been totally devastating to me, my wife and the 3 kids, even more so at this time of the year.

Just wondered if anyone can shed any light on our options or is it indeed a case of we will probably have to return home, we don't have a mass amount of funds and probably can't afford a big lawyers bill, so that may not be an option, as we will have lots to pay here as we still have 4 months left on our apartment lease, mobile phones and credit cards, all will need to be paid.

Any advice that anyone can give would be gratefully appreciated.

I have attached the letter we got, seems they used the wrong template as we applied for CEC, not that it will make a difference, No, is no ?

This letter refers to your application for work permit and the documents for your family
members.

Your application as requested is refused.

[X] Foreign Nationals currently in Canada who have submitted an application for permanent
residence (PR) under the Provincial Nominee Program (PNP) 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 this bridging open WP, the following must be met:

- You must have valid status on a work permit that is due to expire within four months

- You must currently be in Canada and have made an application for an open Work
Permit

- You have received a positive eligibility decision on your PR application
(Acknowledgement of Receipt letter or e-mail has been sent to you by the Centralized
Intake Office)

- You must submit a letter from the province that nominated you under the Provincial
Nominee Program that DOES NOT stipulate conditions or restrictions indicating you
must work for a Specific Employer, or work Under a Specific National Occupational
Classification Code. (If these stipulations exist on your Nomination, you are NOT eligible
for a bridging open work permit)

[X] We also wish to advise you that your temporary resident status expires on 2014/12/24.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status
you submit:
 

scylla

VIP Member
Jun 8, 2010
94,974
21,582
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It's correct that you must stop working immediately (hopefully you've done that) and your children must stop attending school since technically you have no status in Canada at this time.

Applying to restore your status back to a valid work permit will only be feasible if you have an approved LMIA from your employer. At this point your AOR is of no help since your work permit has expired (you must have a valid work permit to qualify for the BOWP). Does one of your employers have an approved LMIA or is it feasible for them to obtain one in the next two months? At this point an approved LMIA is mandatory to restore your status back to worker and enable your children to start attending school again. Note that you won't be able to work / attend school until the application to restore your status has been processed and approved.

An alternative would be to restore your status to visitors. However as visitors, you obviously won't be allowed to work and your children won't be able to attend school.
 
Apr 24, 2013
7
0
Thanks for the prompt reply, just on the reinstating of the work permits, Can I ask, do you need a LMIA to do this, as we input all our details on-line and it does not ask for this in the list of required documents ??
 

scylla

VIP Member
Jun 8, 2010
94,974
21,582
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - you absolutely need an approved LMIA. Without an LMIA the restoration back to a work permit will be refused since you have no grounds for your work permit to be restored.
 
Apr 24, 2013
7
0
OK, If I wanted to stay less than 6 months as a visitor just sort out the house and such, am i still applying to restore my status or just a new application for a visitors permit ???
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,200
Visa Office......
London
App. Filed.......
06/12
Steve42scotland said:
OK, If I wanted to stay less than 6 months as a visitor just sort out the house and such, am i still applying to restore my status or just a new application for a visitors permit ???
You must still apply to restore your status as a visitor.