Travel outside of Canada right before WP expires, waiting for PR

[zwirson]

Hey everyone!

Been reading this forum for a while now and now in need of advice.

I applied for PR CEC on Sep 2/2014. They received my application on Jan 15/15. I was suppose to fly home for Christmas on Dec 8th. Bought my tickets way back in Feb since I figured I will have a PR by this time. Looks like I won't. My flight back to Canada is on Jan 7th 2016 and my WP expires on Jan 9th 2016.

I know that if I stay and apply for a BOWP I'm good and can legally stay and work in Canada under implied status, but what if I decide to take chances and go home anyway? Will they let me in so I can apply for BOWP on Jan 8th right before my WP expires, which technically everything would be done by a letter of law...

What's your opinion on this?

TIA for any help and advice

 

[sonnenstern]

Why don't you apply for a BOWP before you fly out for christmas? With the work permit processing times of right now almost 140 days (4.5 months!!!) I'd strongly advise you to do so!

 

[sonnenstern]

By the way: You cannot lose implied status while you are still on your old work permit. Only if you travel outside of Canada WHILE you are on implied status, you will lose it. So as long as you return to Canada before your current permit runs out you are fine and that is your plan anyway. But that shouldn't stop you from applying for BOWP WAY BEFORE the january 8th. Guess if your travel becomes delayed and for some reason you don't have internet access or are missing a document... you'll be in big trouble if you don't apply before your current WP runs out!

 

[zwirson]

By the way: You cannot lose implied status while you are still on your old work permit. Only if you travel outside of Canada WHILE you are on implied status, you will lose it.

I was not aware of that!! I thought once I'm on implied status I can't leave Canada...
So you're suggesting I apply before I fly out and then just present all my documents while coming back?

 

[sonnenstern]

Yes you should apply before you fly out. But you have to come back why your old work permit ist still valid, so before the 9th of january. After the 9th of january you will be on implied status, IF you have applied for a BOWP before the expiry of your old work permit, so before the 9th.
And yes, if you travel after the 9th, while you are on implied status, you will loose implied status. So after the 9th of january you can't leave Canada, as long as your new work permit has not been given to you.

 

[sonnenstern]

I think you are confusing what implied status means. Implied status starts on the day after your current work permit expires (after the 9th of january), but you get implied status only after you have applied for a BOWP. You can apply for a BOWP 4 months before your current WP expires, so on the 9th of september of this year. With the current processing times for BOWP, you should apply for BOWP right away!!! That way you minimize the time you are on implied status.

 

[Tonimir]

Just to add to sonnenstern comments ...

Consider also the "Paper Application" processing time. Looks like right now it is faster in terms of timeline.
http://www.cic.gc.ca/english/information/times/temp.asp

I would suggest you to apply for BOWP ASAP! Don't delay it!