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Urgent: Would CIC issue BOWP?

canada.msn

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Hi Experts,

I wanted to reach out to you and seek your suggestion/opinion -

Facts:
1. I am currently working with original closed WP for Employer A which is due to expire in 2 months
2. I got a Job offer and processed another closed WP for Employer B which is valid until end of 2014.
3. Prospective Employer B is not offering Job anymore
4. Already applied for BOWP in Dec using my original permit details, however it was rejected citing 2 reasons - first that I have not provided evidence that I have recieved positive eligibility decision on my PR application and second that my status in Canada is not expiring in next 4 months and is valid until end of 2014.
5. I already recieved AOR email i received from CIO, not sure why the VO did not see the same.

Need Help:
1. If I explain the situation that the prospective eomplyer is not offering Job anymore and that I will be stranded if a BOWP is not issued - would CIC issue a BOWP or they would refuse my application again as I do not met one of the criteria that my status in canada is not expiring in next 4 months from the date of application?

Do you guys see any other option?

Thanks and happy New year!!
 

gladaki

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canada.msn said:
Hi Experts,

I wanted to reach out to you and seek your suggestion/opinion -

Facts:
1. I am currently working with original closed WP for Employer A which is due to expire in 2 months
2. I got a Job offer and processed another closed WP for Employer B which is valid until end of 2014.
3. Prospective Employer B is not offering Job anymore
4. Already applied for BOWP in Dec using my original permit details, however it was rejected citing 2 reasons - first that I have not provided evidence that I have recieved positive eligibility decision on my PR application and second that my status in Canada is not expiring in next 4 months and is valid until end of 2014.
5. I already recieved AOR email i received from CIO, not sure why the VO did not see the same.

Need Help:
1. If I explain the situation that the prospective eomplyer is not offering Job anymore and that I will be stranded if a BOWP is not issued - would CIC issue a BOWP or they would refuse my application again as I do not met one of the criteria that my status in canada is not expiring in next 4 months from the date of application?

Do you guys see any other option?

Thanks and happy New year!!
I have one
few question for u. Did you recieved your AOR prior to applying for BOWP ?..Whats ur current WP Expiry date ? what was reason they stated when rejected for BOWP?
 

canada.msn

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gladaki said:
I have one
few question for u. Did you recieved your AOR prior to applying for BOWP ?.. Hi Gladaki... Yes, I had received my AOR prior to applying for BOWP...

Whats ur current WP Expiry date ? my current WP expires end of Feb

what was reason they stated when rejected for BOWP? I mentioned this already - it was rejected citing 2 reasons - first that I have not provided evidence that I have recieved positive eligibility decision on my PR application and second that my status in Canada is not expiring in next 4 months and is valid until end of 2014
Let me know if you could suggest on this.
 

lpc19800

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nptfdo said:
Can you transfer your WP for Employer B to WP for Employer A?
not usually

if you have your aor and your current work permit is due to expire in February 2014 then you qualify for BOWP - just apply again and be sure to attach everything. be sure to notify CIC that the new work permit is void and ask employer b to cancel it.

btw, an employer cancelling a job this late in the process is extremely bad practice - I'm pretty sure you have grounds for legal action.
 

canada.msn

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lpc19800 said:
not usually

if you have your aor and your current work permit is due to expire in February 2014 then you qualify for BOWP - just apply again and be sure to attach everything. be sure to notify CIC that the new work permit is void and ask employer b to cancel it.

btw, an employer cancelling a job this late in the process is extremely bad practice - I'm pretty sure you have grounds for legal action.
Hi Ipc19800....I called CIC call center and asked if I could withdraw the new WP, they said once the WP is issued, it cannot be withdrawn. Can the employer cancel the Work permit issued with them? I do not have much time, so need to act fast... as if i dont see anything I may be forced to go back to my home country end of this month as my contract is expiring soon.
 

nptfdo

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You can stay in Canada as long as your WP is valid but in this case since your employment has been cancelled, ideally the WP should not be valid anymore. Maybe you can request your Employer B to get the WP cancelled. I am not sure how would they do that.
And as far as I understand, you can transfer your WP from one employer to another .. there is an option to change the conditions on an existing WP
 

lpc19800

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canada.msn said:
Hi Ipc19800....I called CIC call center and asked if I could withdraw the new WP, they said once the WP is issued, it cannot be withdrawn. Can the employer cancel the Work permit issued with them? I do not have much time, so need to act fast... as if i dont see anything I may be forced to go back to my home country end of this month as my contract is expiring soon.
the employer should call CIC to let them know that the LMO and work permit arent to be used.

under what terms are you leaving your current employment? were you let go or did you resign? if it's the former then you can use your new work permit to stay in the country and apply for EI. you can then use this time to find another employer - you may also be able to apply to change the terms of your work permit. this is something worth looking in to.
 

lpc19800

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byrwus said:
to cancel a work permit? are experts still drunk after the new year's eve?
yet another helpful and valuable contribution from Byrwus.............. :-X
 

canada.msn

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lpc19800 said:
yet another helpful and valuable contribution from Byrwus.............. :-X
guys please help.... as I am in a very tricky situation...
 

lpc19800

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I replied already.

one thing I forgot to add is that you should speak to a lawyer asap
 

canada.msn

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lpc19800 said:
the employer should call CIC to let them know that the LMO and work permit arent to be used.

under what terms are you leaving your current employment? were you let go or did you resign? if it's the former then you can use your new work permit to stay in the country and apply for EI. you can then use this time to find another employer - you may also be able to apply to change the terms of your work permit. this is something worth looking in to.
thanks Ipc.... I am on Intra company trf and am supposed to go back to my home country at the end of my project tenure... I can resign and use my new wp to stay here but the issue is I would be without Job... would I be eligible for EI in such case? I could find another employer but going through LMO process and obtaining another WP might take upto 5-6 months...
 

gladaki

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canada.msn said:
thanks Ipc.... I am on Intra company trf and am supposed to go back to my home country at the end of my project tenure... I can resign and use my new wp to stay here but the issue is I would be without Job... would I be eligible for EI in such case? I could find another employer but going through LMO process and obtaining another WP might take upto 5-6 months...
If ur WP is closed then they dont approve u for EI...u already have a AOR.....I dont understand why they didnt issued u BOWP..probably because of ur close WP....THere are few users here who were on closed wp but due their AOR they got BOWP...I suggest u to apply again with a explanation ...150 $ is at risk but worth if u get a open BOWP.....remember cover letter is the key...contact the users who got it if u need a template for cover letter

(ALSO GUYS PLZ CORRECT ME IF BOWP IS NOT ISSUED BECOZ OF CLOSED WP or BECOZ work permit is getting expired in 2014 end..)..in whatever case write a cover letter with explaination.....

When u received ur AOR ? if its been 6 months u can even see ur eligibility in gcms notes
 

lpc19800

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gladaki said:
If ur WP is closed then they dont approve u for EI...u already have a AOR.....I dont understand why they didnt issued u BOWP..probably because of ur close WP....THere are few users here who were on closed wp but due their AOR they got BOWP...I suggest u to apply again with a explanation ...150 $ is at risk but worth if u get a open BOWP.....remember cover letter is the key...contact the users who got it if u need a template for cover letter..

When u received ur AOR ?
I have a closed WP and I got approved for EI - it is possible and I know of a couple of others who also got approved despite having a closed WP - I submitted my AOR and my BOWP application (which was rejected due to having more than 4 months on my WP)