URGENT: BOWP Rejected; Paper-Based PR in Process but didn't get AOR yet!

[farazisa]

Hello everyone,

Life is amazing! Gotta be more grateful.

I applied for PR thru the OINP (Ontario Immigration Nominee Program): Masters Stream.

I got the OINP certificate in Nov 2016. I applied for a BOWP in Nov 2016 and PR in Dec 2016.

I wrote an explanation letter saying that as the Paper-Based PR takes 18 weeks to deliver the AOR, I cant have it when I apply for BOWP.

My PGWP expired in Dec 31st 2016. My BOWP got rejected yesterday and I had to stop working although I was hired full-time.

Now I called them and told em the situation, they said as I couldn't provide the AOR I won't get the BOWP. But they know that the AOR takes 18 weeks to process (~ April 24, 2017) after I submit the PR application. Now I'm given 90 days before I take a restoration of status (till April 6, 2017); and the status restoration is not possible as I cannot get the LMIA from my employer.

Given my situation, what are some of your suggestions? I'm talking to lawyers and trying to find a way. I can't work in Canada from yesterday and I can stay at max 90 days.

- If I apply for a regular WP now with the PR Proof of Payment as well as the Canada Post Tracking document showing that my PR Application is delivered & signed in Sydney, Nova Scotia... does that help in my application?

Please let me know and have a great day!

 

[K4n4d4WS]

Hello everyone,

Life is amazing! Gotta be more grateful.

I applied for PR thru the OINP (Ontario Immigration Nominee Program): Masters Stream.

I got the OINP certificate in Nov 2016. I applied for a BOWP in Nov 2016 and PR in Dec 2016.

I wrote an explanation letter saying that as the Paper-Based PR takes 18 weeks to deliver the AOR, I cant have it when I apply for BOWP.

My PGWP expired in Dec 31st 2016. My BOWP got rejected yesterday and I had to stop working although I was hired full-time.

Now I called them and told em the situation, they said as I couldn't provide the AOR I won't get the BOWP. But they know that the AOR takes 18 weeks to process (~ April 24, 2017) after I submit the PR application. Now I'm given 90 days before I take a restoration of status (till April 6, 2017); and the status restoration is not possible as I cannot get the LMIA from my employer.

Given my situation, what are some of your suggestions? I'm talking to lawyers and trying to find a way. I can't work in Canada from yesterday and I can stay at max 90 days.

- If I apply for a regular WP now with the PR Proof of Payment as well as the Canada Post Tracking document showing that my PR Application is delivered & signed in Sydney, Nova Scotia... does that help in my application?

Please let me know and have a great day!

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

this is your only chance to get a work permit + restoration of status

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

and do it as soon as possible

 

[ashuindian]

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

this is your only chance to get a work permit + restoration of status

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

and do it as soon as possible

Hello dear K4N, how r u? Belated new year wishes to u.

 

[canuck_in_uk]

Given my situation, what are some of your suggestions? I'm talking to lawyers and trying to find a way. I can't work in Canada from yesterday and I can stay at max 90 days.

- If I apply for a regular WP now with the PR Proof of Payment as well as the Canada Post Tracking document showing that my PR Application is delivered & signed in Sydney, Nova Scotia... does that help in my application?

You need to apply to restore your status as a visitor.

Without an LMIA, you don't qualify for a regular work permit and as you no longer hold a valid work permit, you don't qualify for a BOWP.

 

[farazisa]

Hey guys,

Thank you for your replies. I appreciate the effort.

I’m trying to see if the following option works. What if my employer offers a new contract and I leave Canada and then apply for a Work Visa from abroad with that offer? If a Canadian employer offers me an opportunity to work then I should be able to apply for a Work Visa and come back and work for my designated employer.

Would that be a viable option? Please let me know thanks!

 

[canuck_in_uk]

Hey guys,

Thank you for your replies. I appreciate the effort.

I’m trying to see if the following option works. What if my employer offers a new contract and I leave Canada and then apply for a Work Visa from abroad with that offer? If a Canadian employer offers me an opportunity to work then I should be able to apply for a Work Visa and come back and work for my designated employer.

Would that be a viable option? Please let me know thanks!

The employer still requires an approved LMIA.

 

[K4n4d4WS]

The employer still requires an approved LMIA.

that is not correct

not if farazisa have a support letter from the province

 

[Georgesand]

Agreed. I have read CIC and confirmed with a consultant. You DON'T need an LMIA to extend your work permit. You will need a nomination letter and support letter from PNP and some fee.

 

[bskap]

Agreed. I have read CIC and confirmed with a consultant. You DON'T need an LMIA to extend your work permit. You will need a nomination letter and support letter from PNP and some fee.

My friend is applying for BOWP paper based application , BC PNP International student. He has already received AOR. There are 4 options, which one he has to select:

• A work permit with same employer
• An initial work permit or a work permit with a new employer
• Restoration of your status as worker
• Temporary resident permit

Which one has to be selected. The form is APPLICATION TO CHANGE CONDITIONS, EXTEND MY STAY OR REMAIN IN CANADA AS WORKER
[/list]

 

[farazisa]

Hey guys, so I talked to CiC & they gave me 3 different options? When I applied before I gave the PNP Letter & Certification as well as my Employment Contract ... and they still rejected me as I dont have the AOR. Would you please look at the 3 options & lemme know what you think?


1) Employer Portal - Employer compliance fee

Since October 26, 2015, all employers under the International Mobility Program (IMP) wishing to hire foreign nationals who are exempt from the Labour Market Impact Assessment (LMIA), are required* to:

• Submit the Offer of employment form and pay the employer compliance fee using the Employer Portal,
  please consult our website (Employer Portal Enrolment Guide) for instructions on how to fill out this form, and Provide the offer of employment ID number to the foreign national for inclusion in the work permit (WP) application.
  

Foreign nationals will not be able to obtain an employer-specific, LMIA-exempt WP if one of the following was not included with the WP application:

• The offer of employment ID number, or
  A copy of the completed Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) (IMM 5802) form for applications submitted before November 21, 2015 (including a valid receipt number, unless exempt).
  

Please note that the employer compliance fee will be refunded in the following cases:

• The WP application is refused, or
  The employer withdraws the offer of employment before the WP is issued.
  

2) Labour Market Impact Assessment exemption - Provincial nominee

Generally, if you want to apply for a work permit, you need a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada and a job offer letter from your future employer.

As an exception, you can apply for a work permit in Canada without a LMIA if you are a provincial nominee and if you have* a:

• Letter from the provincial government (with a certificate number) confirming that you were nominated for permanent residence by the province,
  Job offer from an employer based in that province, and
  Statement from the province that it has determined that all factors required for the issuance of a work permit as per its agreement with Canada have been met, and identifying the occupation and employer information.
  

It is not necessary that your application for permanent residence be received by CIC for the work permit to be issued without a LMIA.

Quebec-selected skilled workers are not part of that category.

For more information, please visit our website.

*This list is not exhaustive. Please refer to the Document Checklist.


3) Restoration - Worker

In some cases, if you are still within the 90-day period following the expiry of your status, you can apply to restore your status.

To apply for a restoration you can:

• Apply online on our website, or
  Send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta,
  the application is available on our website.
  

On the form, you must ask for restoration of status and give the details on why you stayed in Canada longer than permitted.

You have to pay $200 per person to restore your status, in addition to the cost for the work permit.

You must stop working right away and wait until you get additional instructions.

There is no guarantee that your application will be approved.

 

[K4n4d4WS]

Hey guys, so I talked to CiC & they gave me 3 different options? When I applied before I gave the PNP Letter & Certification as well as my Employment Contract ... and they still rejected me as I dont have the AOR. Would you please look at the 3 options & lemme know what you think?


1) Employer Portal - Employer compliance fee

Since October 26, 2015, all employers under the International Mobility Program (IMP) wishing to hire foreign nationals who are exempt from the Labour Market Impact Assessment (LMIA), are required* to:

• Submit the Offer of employment form and pay the employer compliance fee using the Employer Portal,
  please consult our website (Employer Portal Enrolment Guide) for instructions on how to fill out this form, and Provide the offer of employment ID number to the foreign national for inclusion in the work permit (WP) application.
  

Foreign nationals will not be able to obtain an employer-specific, LMIA-exempt WP if one of the following was not included with the WP application:

• The offer of employment ID number, or
  A copy of the completed Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) (IMM 5802) form for applications submitted before November 21, 2015 (including a valid receipt number, unless exempt).
  

Please note that the employer compliance fee will be refunded in the following cases:

• The WP application is refused, or
  The employer withdraws the offer of employment before the WP is issued.
  

2) Labour Market Impact Assessment exemption - Provincial nominee

Generally, if you want to apply for a work permit, you need a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada and a job offer letter from your future employer.

As an exception, you can apply for a work permit in Canada without a LMIA if you are a provincial nominee and if you have* a:

• Letter from the provincial government (with a certificate number) confirming that you were nominated for permanent residence by the province,
  Job offer from an employer based in that province, and
  Statement from the province that it has determined that all factors required for the issuance of a work permit as per its agreement with Canada have been met, and identifying the occupation and employer information.
  

It is not necessary that your application for permanent residence be received by CIC for the work permit to be issued without a LMIA.

Quebec-selected skilled workers are not part of that category.

For more information, please visit our website.

*This list is not exhaustive. Please refer to the Document Checklist.


3) Restoration - Worker

In some cases, if you are still within the 90-day period following the expiry of your status, you can apply to restore your status.

To apply for a restoration you can:

• Apply online on our website, or
  Send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta,
  the application is available on our website.
  

On the form, you must ask for restoration of status and give the details on why you stayed in Canada longer than permitted.

You have to pay $200 per person to restore your status, in addition to the cost for the work permit.

You must stop working right away and wait until you get additional instructions.

There is no guarantee that your application will be approved.

you have not 3 options its more like 3 requirements to get the new work permit
because as far as i know you have to do all 3 parts of the things which you listed above
(in this case i am not sure)

 

[farazisa]

Hey guys,

So can I apply for an open work permit after I apply for the restoration of status? One of my friends on the same boat and he told me his lawyer told him that this is an option.

I thought there was no such way. Please let me know what you think.

I