Will I have to leave Canada or my job? Please advise and provide input! Thanks!

[SFKAS]

Visitor status is just a tourist visa, you can't work of course. You can apply online and you have implied status as soon as you have submitted the application online.

Say you apply on Friday, that's Nov 14. That gives you about 65-70 days until you need to send off the BOWP application in January. BOWP applications take about 60 days to process by mail; let's say 50 days for a 'worse' case scenario. So by the time CIC look at your BOWP it will likely be about 120 days after you first submitted your CIC PR application and therefore you have 120 days to get your AOR. Current time to get an AOR is about 90 days.

I've chosen to ignore the possibility of processing times increasing due to the Christmas period. Ive done that because I figure it would affect both the BOWP and the CEC PR application and is therefore irrelevant.


In my opinion, it's your best option and very doable. Whilst it always sounds like a poisoned chalice, I think you will be fine.

I am a little confused. Why would I apply for visitor status when my PGWP is still valid. I'll be applying for visitor status for e.g. God forbid if my BOWP application is refused based on the fact that I did not have AOR with it. So that would be a month or two after my PGWP expires when I have got the decision on BOWP. Am I right?

 

[arowberry]

I never said that you should get a visitor/tourist visa. You asked a couple of questions about them further up in the thread.

 

[canadacec123]

I am a little confused. Why would I apply for visitor status when my PGWP is still valid. I'll be applying for visitor status for e.g. God forbid if my BOWP application is refused based on the fact that I did not have AOR with it. So that would be a month or two after my PGWP expires when I have got the decision on BOWP. Am I right?

Certainly, you can apply for the Visitor visa if BOWP got negetive decision. Because you will be given 90 days to leave or restore your status. I know one of my friend applied for the study permit after 80 days and he got the study permit.

Hope this would help.

 

[SFKAS]

I really appreciate your responses..

No no.. I am just trying to understand what you said..

So am I correct in saying that it is then that I'd applying for visitor status and it would be the worst case scenario..

 

[arowberry]

Worst case scenario, either the CEC or BOWP application is declined. In that situation you can still apply for a visitor permit as you are granted 90 days to restore your status.

 

[SFKAS]

Certainly, you can apply for the Visitor visa if BOWP got negetive decision. Because you will be given 90 days to leave or restore your status. I know one of my friend applied for the study permit after 80 days and he got the study permit.

Hope this would help.

Oh so your friend's application was declined and 80 days after he applied for a study permit meaning he got admission in a college/university..

Which reminds me of another question..

What would be an option in terms of school to get in to on a rush/emergency basis to change your status to student..Because most universities take time obviously to go through the admission process..

 

[canadacec123]

Oh so your friend's application was declined and 80 days after he applied for a study permit meaning he got admission in a college/university..

Which reminds me of another question..

What would be an option in terms of school to get in to on a rush/emergency basis to change your status to student..Because most universities take time obviously to go through the admission process..

Yes. He applied for the work permit without any aor or lmo and it was rejected. He just applied to buy some time. He knew that it will reject. Once it was rejected then he was given 90 days. During that time he got the offer letter from college and applied for the student visa.

Fyi, college don't care about one's status at the time they give offer letter. But in any case, if college ask, one would have the rejection letter.

 

[SFKAS]

Yes. He applied for the work permit without any aor or lmo and it was rejected. He just applied to buy some time. He knew that it will reject. Once it was rejected then he was given 90 days. During that time he got the offer letter from college and applied for the student visa.

Fyi, college don't care about one's status at the time they give offer letter. But in any case, if college ask, one would have the rejection letter.

What was his timeline of BOWP application if you don't mind sharing.

No I know college doesn't care about status etc. What I meant was that for a person to go through the admission process etc it takes time so in terms of that which college would be good because its just done to buy time till a decision or your CEC application and getting the AOR.

And what is his status now?

 

[SFKAS]

Worst case scenario, either the CEC or BOWP application is declined. In that situation you can still apply for a visitor permit as you are granted 90 days to restore your status.

Thanks arowberry for all your input..Hopefully it all goes well and doesn't come to all the worst case scenarios..

Hopefully we'll keep in touch on this forum

 

[SFKAS]

And yeah one of the original questions got sidetracked during all this discussion

Should I actually ask my employer to get LMIA to be on the safe "SAFE" side..

(I think the employer will be hesitant based on the fact that its not LMO anymore, its a lot more work..)

Btw for LMIA does the employer have prove that the job was advertise before the candidate was hired or before the LMIA application was processed..

So for example Ive been working for a year - of course the job was advertised before I was hired but will the employer have to show that or show the advertisement before LMIA which is now..

I am highly skeptical of the employer getting LMIA considering the employer knows that I have an open WP and an option of BOWP

Should I make all the effort of asking for LMIA and explaining the whole situation..

 

[canadacec123]

What was his timeline of BOWP application if you don't mind sharing. I don't know. He lives in Winnipeg and out of touch for long time.

No I know college doesn't care about status etc. What I meant was that for a person to go through the admission process etc it takes time so in terms of that which college would be good because its just done to buy time till a decision or your CEC application and getting the AOR.
I think, Seneca is good among other community colleges

And what is his status now? As per last update, four month ago, he was student in Winnipeg.

 

[canadacec123]

And yeah one of the original questions got sidetracked during all this discussion

Should I actually ask my employer to get LMIA to be on the safe "SAFE" side.. Sure. Why not.

(I think the employer will be hesitant based on the fact that its not LMO anymore, its a lot more work..)

Btw for LMIA does the employer have prove that the job was advertise before the candidate was hired or before the LMIA application was processed..
Yes they need to do advertisement.
So for example Ive been working for a year - of course the job was advertised before I was hired but will the employer have to show that or show the advertisement before LMIA which is now.. Yes they do.

I am highly skeptical of the employer getting LMIA considering the employer knows that I have an open WP and an option of BOWP

Should I make all the effort of asking for LMIA and explaining the whole situation.. It is up to you. I did that but at my time it was LMO (in December 2013). I got the one year BOWP then I got the two year Closed work permit. Now, I am holding two BOWP and closed work permit and that is legal too.

 

[Mr.Big]

Hi mesumrizvi, I applied for a paper work permit on sep 15 and i still did not receive my work permit can you please give me details of your application when you applied and when you got the work permit.

Thanks.

 

[mesumrizvi]

Ok so I applied for my PR on 23rd july 2014 and it reached CIC on 25th july 2014. My work permit was going to expire on August 20th 2014. I applied for paper based BOWP on 19th August 2014, couriered my application on 19th. So concurrently my PR application was also in process 4 weeks ahead of my BOWP application.

Then I got my AOR on 1st October 2014 and later on 27th October 2014 they approved my BOWP.

The caveat is.. When they start processing your BOWP, they need to see AOR on your file with CIC. So even if you don't provide AOR with the BOWP, as long as they issue it to you before the BOWP application is processed you should be fine.

About providing them additional docs, i meant bank draft for my CEC PR application and delivery proof of my application. Even if your employer knows your wp has expired, you are eligible to work on implied status thus that shouldnt be an issue.

Thanks for the response. Not sure what you mean when you say pay order for CEC.

I think by courier print you mean the the proof of delivery. This all sounds good.

When you say "don't share it with my employer" how do you mean because my employer is fully aware that my PGWP is expiring on a certain date. Obviously when you get hired you submit various documents including the PGWP photocopy.

Do I ask/explain to employer about the implied status or just assume that he will be ok with it or even know about it. Because I am not sure the employer would know or be ok. As I mentioned in my first post I am tensed and confused. Don't know :S

Also please give your timeline of applying without AOR

 

[mesumrizvi]

Hi Mirza,
I sent in my paper based BOWP application on 19th August 2014 and it was received at the processing office on 22 August.

The BOWP was approved on 27th October which is approx 66 days it took them to process my application.

Since you sent in your application almost a month after me, i assume it would take another week or so before you get to hear from them.

Regards,
Mesum.

Hi mesumrizvi, I applied for a paper work permit on sep 15 and i still did not receive my work permit can you please give me details of your application when you applied and when you got the work permit.

Thanks.