return to Canada and apply for BOWP after a year in UK?

[jkgoulds]

hi all, would appreciate if anyone could shed some light on whether me and my CL could get back to Canada soon? We filed for our PR under CEC this month but we want to get back out there as soon as, we are currently in the UK - returned nearly a year ago however our work permits which are still valid (I think) until July 2014 (CL closed X company and mine OWP) I understand that we can't apply for BOWP as we are not residing in Canada? Although my parents live and are PR in AB could we 'visit' and have a residential address enabling BOWP? We really don't want to wait out of country for PR but don't want to jeopardise it either..

 

[lpc19800]

Re: is there anyway to get to Canada now after CEC filed? seniors help

If you both hold uk passports (or other visa exempt passports) you can enter as a visitor for 6 months and extend for another 6 but obviously you cannot work on a visitor's visa.
I am unsure also if you have to show intention of returning to your home country - I'll let others respond on that. You may also be asked to show proof of funds in order to support yourselves without working.

If you are a principle applicant, you could try coming in on your owp and using that to secure a BOWP once you land but again, coming in to the country with a short time left on your wp may raise questions at the border and I'm not sure how you'd address the gap in Canadian employment/living on your BOWP application.

Tbh I'd stay put or just visit

 

[canuck_in_uk]

Re: is there anyway to get to Canada now after CEC filed? seniors help

hi all, would appreciate if anyone could shed some light on whether me and my CL could get back to Canada soon? We filed for our PR under CEC this month but we want to get back out there as soon as, we are currently in the UK - returned nearly a year ago however our work permits which are still valid (I think) until July 2014 (CL closed X company and mine OWP) I understand that we can't apply for BOWP as we are not residing in Canada? Although my parents live and are PR in AB could we 'visit' and have a residential address enabling BOWP? We really don't want to wait out of country for PR but don't want to jeopardise it either..

You won't jeopardize your PR app in any way if you come back to Canada.

Your work permits are valid until they expire. If you return to Canada prior to them expiring, you can apply for a BOWP.

If you both hold uk passports (or other visa exempt passports) you can enter as a visitor for 6 months and extend for another 6 but obviously you cannot work on a visitor's visa.

They can't enter as visitors while their work permits are still valid.

 

[jkgoulds]

Re: is there anyway to get to Canada now after CEC filed? seniors help

thanks for your replies, so what are the ways to go about it? I thought that as my CL (who is the main applicant in CEC) wouldn't have right to return as left on own accord from LMO/closed work permit and the employers said they would notify CIC about that. I got given a OWP through my CL LMO/closed permit so we thought they would be void in a way.

How would we update CIC that we are (if we do) residing back in Canada as our case processing is London also not received AOR yet to eligable for BOWP.

How else could we get back and work?

 

[jkgoulds]

Re: is there anyway to get to Canada now after CEC filed? seniors help

Your work permits are valid until they expire. If you return to Canada prior to them expiring, you can apply for a BOWP.

How would we go about applying for BOWP, won't they question being out of Canada for a length of time? Also will we need a job offer?

 

[canuck_in_uk]

Re: is there anyway to get to Canada now after CEC filed? seniors help

thanks for your replies, so what are the ways to go about it? I thought that as my CL (who is the main applicant in CEC) wouldn't have right to return as left on own accord from LMO/closed work permit and the employers said they would notify CIC about that. I got given a OWP through my CL LMO/closed permit so we thought they would be void in a way.

How would we update CIC that we are (if we do) residing back in Canada

How would we go about applying for BOWP, won't they question being out of Canada for a length of time? Also will we need a job offer?

The work permits would not be voided. Though your partner's permit would still be valid, s/he wouldn't be able to work for anyone else with the closed WP. With an OWP, you could work for anyone as soon as you return.

You can email the London VO to update them with your new address in Canada.

I assumed you already had AOR. You will need to wait for AOR before applying for a BOWP. As I said, you can work anywhere until that time; your partner cannot. CIC won't question anything; if you are in Canada, have a work permit expiring and have AOR, you qualify for a BOWP, regardless of having been out of Canada. It is an BOWP, so you don't need a job offer.

 

[jkgoulds]

Thanks for your reply, its a great help! Glad to know that information, although I have done some digging and I found this on the CIC website:
l
Can I apply for a work permit from inside Canada?
Ony in some cases, You can only apply for a work permit from inside Canada if:

you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.

You may be eligible to apply for an open work permit if you are in one of the following situations

You are already working in Canada and your application for permanent residence has been approved under one of the following


I know this is from applying for WP from inside Canada but I am now worried because I applied for CEC PR outside of Canada that it won't get approved (even though at that point will be in Canada) as the PR initially was sent from UK and what are they referring to as already working in Canada

Sorry for all the questions, just I don't want to get that to find BOWP would be rejected therefore not being able to work and earn until PR descion is made therefore loss of money paying for flights back and forth.

 

[canuck_in_uk]

Can I apply for a work permit from inside Canada?
Ony in some cases, You can only apply for a work permit from inside Canada if:

you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.

You may be eligible to apply for an open work permit if you are in one of the following situations

You are already working in Canada and your application for permanent residence has been approved under one of the following

You are mixing and matching requirements for many different situations that don't apply to you. It doesn't matter where you sent the PR app from and you don't have to be working to qualify for a BOWP.

You should only be looking at the specific requirements to apply for a BOWP, as found here http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob485A.asp

 

[jkgoulds]

Sorry, just all new avenues and loop holes! So we land in Canada, I can work up til 16 July, CL cannot until he has applied for a extension on WP, then apply for an BOWP for himself as he is the principle applicant, I then would be in his new WP application therfore also receive a OWP? As I can't apply for one on my own, sound correct?

 

[canuck_in_uk]

Sorry, just all new avenues and loop holes! So we land in Canada, I can work up til 16 July, CL cannot until he has applied for a extension on WP, then apply for an BOWP for himself as he is the principle applicant, I then would be in his new WP application therfore also receive a OWP? As I can't apply for one on my own, sound correct?

You guys apply together; the CEC principal applicant gets a BOWP and the spouse gets an OWP.

You can work until your current OWP expires and provided you guys apply for your new permits before expiry, you can continue to work on Implied Status while waiting on the decision from CIC.

To be very clear, your partner cannot work until he actually receives the BOWP; applying for a BOWP or WP extension doesn't give him the right to work.

 

[jkgoulds]

brilliant, thank you so much

would you mind attaching the correct links/forms to what we actually apply for so we can see them as I can't see a BOWP application form anywhere?

 

[canuck_in_uk]

brilliant, thank you so much

would you mind attaching the correct links/forms to what we actually apply for so we can see them as I can't see a BOWP application form anywhere?

There is no specific BOWP application. It's basically just the standard work permit extension app, except you indicate that you are applying for a BOWP.

Have a look at this thread http://www.canadavisa.com/canada-immigration-discussion-board/tips-for-a-successful-bowp-application-t147650.0.html