Urgent Help Needed, Restore your status as a visitor

[Raj710]

Hi Friends, Thanks In advance for your help.

My SOWP expired on Nov 30th 2018, I stopped working from Dec 1st 2018, I was planned to go India, so I applied for Visitor visa IMM5708E ( Restore your status as a visitor ) On Dec 29 2018, CIC website shows processing time for visitor visa is only 7 Business days, so i applied.
Its been almost a month still I did't received any updates on my application, Now cic is processing Jan 3rd 2019 applications. Mean time today(23rd Jan 2019) I received invitation for express entry.
I'm planning to submit documents my EXPRESS ENTRY application in couple of days. Once my PR is in process I'm eligible for Bridging Open Work Permit (BOWP), My Question is, can I apply for BOWP While my restoration is under process??

Please help me out

 

[bellaluna]

Hi Friends, Thanks In advance for your help.

My SOWP expired on Nov 30th 2018, I stopped working from Dec 1st 2018, I was planned to go India, so I applied for Visitor visa IMM5708E ( Restore your status as a visitor ) On Dec 29 2018, CIC website shows processing time for visitor visa is only 7 Business days, so i applied.
Its been almost a month still I did't received any updates on my application, Now cic is processing Jan 3rd 2019 applications. Mean time today(23rd Jan 2019) I received invitation for express entry.
I'm planning to submit documents my EXPRESS ENTRY application in couple of days. Once my PR is in process I'm eligible for Bridging Open Work Permit (BOWP), My Question is, can I apply for BOWP While my restoration is under process??

Please help me out

You checked the time for the wrong application type. You did not apply for a visitor visa. Restoration is a different process all together. It's definitely going to take much longer than 7 business days.

As far as I understand, you are currently out of status and cannot apply for PR inside Canada or a BOWP until your status is restored. Someone will please correct me if my assumption is wrong.

 

[Raj710]

Why did you not apply for SOWP extension? Sorry, but your visitor visa will most likely be rejected because you are not really visiting and hoping to stay longer and work(I hope I am wrong).
About BOWP, you probably won't qualify for it if I am reading correct as it says you need to have valid work permit to apply for BOWP.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

The good news however is that all of this has no effect on your PR application and you should submit it asap.
I am no expert and above is just my opinion from reading information publicly available. Good luck!

I was planned to apply for SOWP but My wife just started work, and I need 3 pay stubs so

 

[Raj710]

Why did you not apply for SOWP extension? Sorry, but your visitor visa will most likely be rejected because you are not really visiting and hoping to stay longer and work(I hope I am wrong).
About BOWP, you probably won't qualify for it if I am reading correct as it says you need to have valid work permit to apply for BOWP.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

The good news however is that all of this has no effect on your PR application and you should submit it asap.
I am no expert and above is just my opinion from reading information publicly available. Good luck!

I comes under ""Canadian Experience Class,"" so i would qualify for BOWP right.. my question is can I apply for BOWP while my restoration visa in progress please let me know???

 

[Raj710]

OP can definitely apply for PR without status in Canada. BOWP, probably not as they have lost status and requested a change from worker to visitor

Once I file PERMANENT RESIDENT Application then as ""Canadian Experience Class"" Im eligible for BOWP Right?? my question is can I apply for BOWP while my restoration visa in progress please let me know???

 

[Bryanna]

OP is not eligible and cannot apply for a BOWP as his SOWP has already expired

 

[Raj710]

Yes but I think you need to have a valid work permit to apply for a bowp. In your case, you are out of status and have applied for a visitor Visa to remain in Canada. I could be wrong but I don't think you qualify for a BOWP at all .

lets stay If im qualified, can I apply for BOWP while visa restoration is under process???

 

[Raj710]

OP is not eligible and cannot apply for a BOWP as his SOWP has already expired

so what are my options now?? By these month ending my wife gets 3 pay-stubs from her employer, can I apply for SOWP ??

 

[Bryanna]

lets stay If im qualified, can I apply for BOWP while visa restoration is under process???

No, you cannot. You're not eligible.

You could have applied for a BOWP if your SOWP was still valid + you had received your ITA and more importantly, if you had applied for EE PR if you still had valid status on your work permit

 

[Bryanna]

so what are my options now?? By these month ending my wife gets 3 pay-stubs from her employer, can I apply for SOWP ??

Do wait for the decision from IRCC. Hopefully, your status will be changed to visitor. Stop working (you already have). And, apply for your PR

 

[Raj710]

No, you cannot. You're not eligible.

You could have applied for a BOWP if your SOWP was still valid + you had received your ITA and more importantly, if you had applied for EE PR if you still had valid status on your work permit

so what are my options now?? By these month ending my wife gets 3 pay-stubs from her employer, can I apply for SOWP ??

 

[Bryanna]

Your best bet is to leave Canada as once your visitor visa is rejected, you will be considered living without status in Canada from the date of expiration of your SOWP. You should wait for your PR to get processed and regain entry.

Like I said from the beginning, only thing you can do right now is applying for PR while being out of status in Canada.

OP is currently on implied status. He does not have to leave just yet.

Whether or not he has to leave the country would depend on the decision he gets for the restoration to visitor application. I believe he will be allowed to stay as a visitor

 

[Bryanna]

so what are my options now?? By these month ending my wife gets 3 pay-stubs from her employer, can I apply for SOWP ??

It does not make sense to have three applications in parallel:
1. Change/restore to visitor

2. EE PR

3. Applying for a new SOWP


Take it easy. Apply for your PR instead.... and take it from there

 

[Bryanna]

Let's hope he's allowed to stay.

I think he wants to get back to working asap

 

[Bryanna]

True! I can't tell you how happy I am to be back home. It's funny but I had tears rolling when we touched down at Seattle and could finally breathe when I got here! It was unreal, I guess that's what freedom is. I honestly thought I will spend 5 years there! Haha. Thanks again!

So so wonderful to know. Truly happy for you

The tears were probably because of the huge sense of relief you felt.... that sense of fear was completely gone.... sort of like you escaped

It was a learning experience for you I'm sure. And, glad it's now in past