BOWP was denied while on implied status (closed work permit expired) due to employer restriction
(I was unaware of the BOWP rule change Aug, 2014)
CIC phone receptionist and website questions both led me to BOWP. Receptionist said the application would result in a closed work permit if not meeting the requirements for open, but I got refusal.
Inland PR application is in the final stages of processing.
Loss of status caused by BOWP denied due to employer restriction
QUESTION:
What's WORSE for the processing of inland PR (based on PNP employer sponsorship)?
-Being out of status applying/awaiting restoration
OR
-Leaving Canada and returning (TO GET RID OF “OUT-of-status” ASAP) as:
a) Visitor status (From a visa exempt country)
b) With a new work permit issued at POE
Does the leave of Canada without status during inland PR app in process have any negative affect?
CIC said PR application keeps processing no matter where you are (inside/outside the country)
SINP said losing status awaiting restoration shouldn't affect the PR application
How would this information pertain to a VISA EXEMPT person getting visitor status and my situation:
"Temporary residence applicants with in-Canada applications for permanent residence in progress"
cic.gc.ca/english/resources/tools/temp/visa/processing/pr.asp
SPECIFICALLY:
"Who is inadmissible?
All in-Canada class applicants, except those in the spouse and common-law partner in Canada class (IP 8 ) and the permit holder class, must not be inadmissible at the time of their PR application. Therefore, if these TRV applicants return to Canada on temporary resident permits (TRP), they are, by definition, inadmissible and their applications for permanent residence from within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the application is at the CPC-Vegreville or at an inland CIC office. In-Canada officers have no option but to refuse these applications.”
------------------------
72. (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that
(e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,
(i) they and their family members, whether accompanying or not, are not inadmissible,
---------------------------
AND
“In-Canada applicants who have travelled outside of Canada (asylum seekers, members of the in-Canada protected persons (PP) classes and persons who have applied for humanitarian and compassionate (H&C) considerations in Canada)
If such an applicant has travelled outside Canada, this may have an impact on the in-Canada case processing of their application. This means that consultation with the processing office in Canada will normally be required (via e-mail using the the CPC-Vegreville mailbox to communicate with the CPC-V).
Visa officers are advised to contact the office in Canada responsible for the applicant's in-Canada case processing to verify whether the fact that the applicant is now outside Canada has any bearing on the case in process in Canada, and whether the office in Canada has any other information that might be relevant to the application at hand.
The response of the responsible office in Canada should be inserted into the CAIPS notes/GCMS of the TRV file.
In assessing a TRV application in relation to R179, visa officers should take into consideration the information provided by the in-Canada processing office."
=====================================================
thank you so much for your help.
Any input will be appreciated.
Is there any easy way to appeal a decision… as CIC phone receptionist and internet questions both guided me to the wrong application
Also, since I was unaware of the new rule change.
I just want my closed work permit back as CIC receptionist said I would be granted that at least when telling me to do BOWP based on my pre-loss situation.
lastly, my last entry to Canada has a stamp on the passport (in January 2015) but no handwriting
I’m told that the stamp without handwriting ensures 6 months of temporary resident status.
But since my closed work permit was still active at that time, the entry stamp fails to have any significance?
MY MAIN CONCERN IS TO HAVE THE PR APPLICATION KEEP PROCESSING
Thanks
(I was unaware of the BOWP rule change Aug, 2014)
CIC phone receptionist and website questions both led me to BOWP. Receptionist said the application would result in a closed work permit if not meeting the requirements for open, but I got refusal.
Inland PR application is in the final stages of processing.
Loss of status caused by BOWP denied due to employer restriction
QUESTION:
What's WORSE for the processing of inland PR (based on PNP employer sponsorship)?
-Being out of status applying/awaiting restoration
OR
-Leaving Canada and returning (TO GET RID OF “OUT-of-status” ASAP) as:
a) Visitor status (From a visa exempt country)
b) With a new work permit issued at POE
Does the leave of Canada without status during inland PR app in process have any negative affect?
CIC said PR application keeps processing no matter where you are (inside/outside the country)
SINP said losing status awaiting restoration shouldn't affect the PR application
How would this information pertain to a VISA EXEMPT person getting visitor status and my situation:
"Temporary residence applicants with in-Canada applications for permanent residence in progress"
cic.gc.ca/english/resources/tools/temp/visa/processing/pr.asp
SPECIFICALLY:
"Who is inadmissible?
All in-Canada class applicants, except those in the spouse and common-law partner in Canada class (IP 8 ) and the permit holder class, must not be inadmissible at the time of their PR application. Therefore, if these TRV applicants return to Canada on temporary resident permits (TRP), they are, by definition, inadmissible and their applications for permanent residence from within Canada will be refused under R72(1)(e)(i), regardless of how close to finalization the application is at the CPC-Vegreville or at an inland CIC office. In-Canada officers have no option but to refuse these applications.”
------------------------
72. (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that
(e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,
(i) they and their family members, whether accompanying or not, are not inadmissible,
---------------------------
AND
“In-Canada applicants who have travelled outside of Canada (asylum seekers, members of the in-Canada protected persons (PP) classes and persons who have applied for humanitarian and compassionate (H&C) considerations in Canada)
If such an applicant has travelled outside Canada, this may have an impact on the in-Canada case processing of their application. This means that consultation with the processing office in Canada will normally be required (via e-mail using the the CPC-Vegreville mailbox to communicate with the CPC-V).
Visa officers are advised to contact the office in Canada responsible for the applicant's in-Canada case processing to verify whether the fact that the applicant is now outside Canada has any bearing on the case in process in Canada, and whether the office in Canada has any other information that might be relevant to the application at hand.
The response of the responsible office in Canada should be inserted into the CAIPS notes/GCMS of the TRV file.
In assessing a TRV application in relation to R179, visa officers should take into consideration the information provided by the in-Canada processing office."
=====================================================
thank you so much for your help.
Any input will be appreciated.
Is there any easy way to appeal a decision… as CIC phone receptionist and internet questions both guided me to the wrong application
Also, since I was unaware of the new rule change.
I just want my closed work permit back as CIC receptionist said I would be granted that at least when telling me to do BOWP based on my pre-loss situation.
lastly, my last entry to Canada has a stamp on the passport (in January 2015) but no handwriting
I’m told that the stamp without handwriting ensures 6 months of temporary resident status.
But since my closed work permit was still active at that time, the entry stamp fails to have any significance?
MY MAIN CONCERN IS TO HAVE THE PR APPLICATION KEEP PROCESSING
Thanks
