What to do after BOWP under CEC is refused?

[Widget]

Hey guys. Here's my first question of 2015 for you - Happy New Years btw!
I'm expecting a decision to be made on my BOWP application by Jan 20 (when it makes 60 days since I mailed it). I haven't received the AOR letter yet and I doubt I'll receive it in time. They were catching up, but then came the Xmas holidays. I did everything I could. I included a cover letter in my BOWP application. I sent an additional letter basically begging them to put my application on hold until my CEC eligibility is verified, etc... but it's not in my hands anymore. I have to wait.

But I'm wondering, what should I do next if my BOWP is refused? I guess I'll have to stop working immediately and I'll have to apply for restoration of status, right? And then what? Should I then apply for LMIA, then apply for a regular work permit sponsored by my current employer, then apply for BOWP again? It's a rabbit hole, because in May 2015 it'll be four years since I started working on Canada as a temporary worker. Are they even going to bother to issue a work permit for a period shorter than six months?

I've read in this forum that once you obtain the LMIA you can just go to the border and obtain the work permit, but that seems a bit risky, isn't it? I probably should apply online, right?

I've seen people in this forum that got their BOWP refused and they just left the country. That's crazy. I can't afford to do that. I'd rather wait for a couple of months, though it sounds like a long time to me and it's totally undesirable!

Please, advise! Thank you in advance.

 

[jes_ON]

Well, one little missing detail - when does (did) your previous work permit expire?

If your work permit has already expired, and your BOWP application is refused, then, yes, you must immediately stop working until you are able to restore status.

You only have 90 days to apply to restore status (if you are refused for the BOWP). So if your employer is willing to apply for the LMO, then you should probably ask for that ASAP. If you are not able to restore status, you must leave Canada.

You can apply for a work permit at the border (if you are from a visa-exempt country), but since you would also have to apply to restore status, you cannot do that at the border.

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

As for the 4-year issue, CIC started counting 4 years on April 1, 2011 onwards (regardless of when you started working).
http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp

But it doesn't apply to all jobs, see the exemptions (NOC O and A, NAFTA...). So it's not entirely clear if it applies in your situation.

 

[tortau]

Well, if you are able to receive your AOR before applying for your restoration of status, you are eligible to exceed the four year limit.

Some workers will be exempt from the cumulative duration regulation.
....
TFWs who have applied for permanent residence and received:
- a Certificat de sélection du Québec (CSQ) if applying as a Quebec Skilled Worker;
- a Provincial Nominee Program (PNP) certificate if applying as a provincial nominee;
- an approval in principle letter if applying under the Live-in Caregiver Class;
- a positive selection decision if applying under the Federal Skilled Worker Class; or
- a positive selection decision if applying under the Canadian Experience Class.

 

[Widget]

Cool. My job is NOCA so I guess the 4yrs limit doesn't apply to me. It's funny, I didn't know that all this time.

Yes, my visa is expired and I'm still waiting for the decision on my BOWP application. I think I'll know by Jan 20th.

And yes, my employer is filling up the forms for a new LMIA as I speak. Just in case!