Urgent: CIC refused my work permit application, ITA already received!

[ujont]

thank you very much for your concern, yes, i stopped my employment right away. however right now i am just trying to figure out why they rejected me:

2015 Oct: i submitted work permit extension application;
Nov: my 3-yr post graduation work permit officially expired;
2016 Jan: ITA and AOR, no LMIA, no PNP;
2016 Feb 1: my BOWP got rejected, on the rejection letter, it says: you have failed to meet the eligibility requirements for bridging open work permit because positive eligibility assessment on your APR is not passed yet.

so i am highly confused, which is the reason they rejected me:
1) when I applied, i was not invited by EE yet?
2) the officer did not know that i am currently invited?? ---- i did not add the fact that i am invited by EE on my submitted BOWP; and the department work on BOWP application has no access to see I am invited by EE
3) the BOWP officer did see that I got invited however I havent passed yet, what they might refer to as R10, so they decided to reject me?

in Chinese Immigration forum, one person said restoration can actually get the BOWP back, but then he did not any of my question further. I am just wondering does anyone here know about this situation, thanks my friends!

My advice is get a very good lawyer to look at this and see if the refusal is in order or if a reconsideration is possible. Alternatively if you just go ahead and apply for restoration its most likely to visitor status and no guarantee you will get it. All the best!

 

[Gregor.Samsa]

If you want to try BOWP again it's up to you, but CIC information provided before says you're not eligible.

First apply for visitor (and TRP perhaps) and them try BOWP if you want.

You're running out of time, don't let Restoration Period expires without proper action, you can't stay in Canada illegally, that could affect your PR application

 

[daomingli]

If you want to try BOWP again it's up to you, but CIC information provided before says you're not eligible.

First apply for visitor (and TRP perhaps) and them try BOWP if you want.

You're running out of time, don't let Restoration Period expires without proper action, you can't stay in Canada illegally, that could affect your PR application

thanks for your concerns, yes I will apply ASAP and it gives me 90 days from Feb 1 2016.... so i really try to figure out why it turned out to be like this! People on a Chinese immigration forum said there was once a guy restorated his status for BOWP, so it really is possible. I am trying to figure out how can someone get it. I really dont just want to be a visitor, my work really needs me.... it is not even on a personal level any more, I feel so horrible that my own personal situation will affect my company in such a way.

 

[Gregor.Samsa]

thanks for your concerns, yes I will apply ASAP and it gives me 90 days from Feb 1 2016.... so i really try to figure out why it turned out to be like this! People on a Chinese immigration forum said there was once a guy restorated his status for BOWP, so it really is possible. I am trying to figure out how can someone get it. I really dont just want to be a visitor, my work really needs me.... it is not even on a personal level any more, I feel so horrible that my own personal situation will affect my company in such a way.

You can try but don't let BOWP restoration be your only chance, even if you apply tomorrow you won't get an answer in 90 days so if the answer is negative you'll be in a worse situation.

I recommend to apply too for visitor or/and TRP.

A professional advice could be useful for you.

Some provinces have inmigration services that can provide some help.

Please, let us know how it works.

 

[Gregor.Samsa]

I hope this can help:

Restoration of Status.
A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.

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

I'm not sure them are talking about BOWP.

Except you're no longer holding a valid WP and you're in Restoration Period, you meet other conditions for BOWP.

 

[vcastela]

Sorry to hear about this! I was in a similar situation. I'll describe mine first, and then I'll give you my best guess about what you should do.

I applied for a BOWP on the grounds that I had already applied for PR (before Express Entry), but the AOR was taking ages. I was hoping there was some leniency. I was working as a lecturer and I was in the middle of a term!

When they started processing my BOWP, they looked at my file, saw no AOR, and refused my BOWP. I had to stop working immediately, and I had 3 months to restore my status. At this point I could still restore my status as:

a) a worker - I would need an LMIA.
b) BOWP - if in the meantime I got the AOR
c) a visitor

I couldn't get an LMIA (many universities don't even want to hear about them), and my PR application was rejected due to a quota being reached, so I had to get my status restored as a visitor.

In your case, if within the 3 months of the status restoration period you get the AOR (I believe that with Express Entry you just need to submit a PR application online and you get the AOR immediately - I did), then you should be able to restore your status with a BOWP, and you're good.

 

[SSLEE]

Without LMIA, can I restore my status back to when I first started to submit BOWP, like right before my work permit expire in NOV 2015?? I just happened to not let them know in time that I already got the invitation and my PR application is being processed. When restore status, it can only be restored as a visitor?? without LMIA. Were anyone being invited and restore and renew their work permit. not a visitor？？？？？？

No, you need LMIA to restore your status as a worker. since you don't have LMIA, you can only restore it as a visitor.

 

[daomingli]

Sorry to hear about this! I was in a similar situation. I'll describe mine first, and then I'll give you my best guess about what you should do.

I applied for a BOWP on the grounds that I had already applied for PR (before Express Entry), but the AOR was taking ages. I was hoping there was some leniency. I was working as a lecturer and I was in the middle of a term!

When they started processing my BOWP, they looked at my file, saw no AOR, and refused my BOWP. I had to stop working immediately, and I had 3 months to restore my status. At this point I could still restore my status as:

a) a worker - I would need an LMIA.
b) BOWP - if in the meantime I got the AOR
c) a visitor

I couldn't get an LMIA (many universities don't even want to hear about them), and my PR application was rejected due to a quota being reached, so I had to get my status restored as a visitor.

In your case, if within the 3 months of the status restoration period you get the AOR (I believe that with Express Entry you just need to submit a PR application online and you get the AOR immediately - I did), then you should be able to restore your status with a BOWP, and you're good.

thanks for your reply. so what did you do then? A restoration applicaiton takes so long.... by that time, my PR might have issued... very similar to you, my job has lots of responsibilities, my sudden leave caused so much to the company, i feel really horrible.

 

[daomingli]

No, you need LMIA to restore your status as a worker. since you don't have LMIA, you can only restore it as a visitor.

i think you are right, but how long did it take from the day you submitted your restoration application ( is it online for by paper) until you actually get the visitor visa ( do you require your passport or not)

 

[vcastela]

thanks for your reply. so what did you do then? A restoration applicaiton takes so long.... by that time, my PR might have issued... very similar to you, my job has lots of responsibilities, my sudden leave caused so much to the company, i feel really horrible.

Sorry for the late reply.

I did restore my status successfully, and stayed as a visitor in Canada for a few months more, living off my savings. I couldn't get an LMIA because many universities don't issue them for temporary lecturers, so I had lost my job and that was it. As a last resort, I decided I would study for a while, but having residence only in Canada, they didn't give me a study permit either (you're supposed to go back to your country after studying, and I had no home away from Canada). So basically staying in Canada for years made me lose rights, rather than gain them. After 7 years in Canada, with a PhD, and almost 3 years of experience as a lecturer in Canada, I had to leave the country, move back to Europe... I have been unemployed for 1 year, and I am still trying to return to Canada. Pretty arbitrary how I had to lose my full-time job, while other friends of mine, some unemployed and collecting employment insurance, others earning 3 times less than me, got PR without any problems.

 

[Gaurav.Projekt]

Hello,
In my case,
- my closed ICT work permit is going to expire on Sep 28th
- company has filed an extension on May 1st and I have extension application acknowledge & payment receipt from IRCC
- Still my work permit is valid (not expired and not on implied status)
- I received an ITA on June 25th and have 90 days to submit documents
So my question is,
if I accept an ITA and submit for PR application what will happen to my work permit extension that's already filed? will it be rejected after I apply for PR?
and what will happen if I go on implied status? Do I have to file BOWP after my work permit expires?