Work Permit Expiring prior to prior to receiving AOR

[bcstudent14]

Hi,

I'm just looking for some advice regarding the BOWP... I've applied under the CEC, but did so late into my Post Grad Work permit and that is likely to expire prior to my AOR. Is there any way I can apply for a BOWP before I receive the AOR? Will I have to go another route to continue working in the meantime and, last question, will I be ineligible for a BOWP once my AOR does go through.

Thanks for your help.

 

[scylla]

You need to still have a valid work permit and you also need AOR to apply for BOWP.

If you aren't going to receive AOR before your work permit expires, then you should ask your employer to apply for an LMO so that you can extend your current work permit.

 

[bcstudent14]

Thank you for your reply. It seems as though LMO's often have the same or longer wait times as the AOR and to extend a work permit the LMO must be submitted prior to the expiry date. Does this mean I am out of luck, or do I have to apply for a new work visa all together?

 

[LPS]

Is there any way I can apply for a BOWP before I receive the AOR?

Short answer is - yes. What's most important is that the positive eligibility decision (AOR) is present in their system when they open and process your application. I and others have successfully applied on this basis.

See this thread: Got my BOWP approved without submitting AOR

 

[bcstudent14]

Perfect, thanks so much. Mild panic was setting in.

 

[jes_ON]

See this thread: Got my BOWP approved without submitting AOR

This was last year, before CIC reissued clarifications about the BOWP program. Since then, we haven't seen people succeed with this (tho I'm not saying you won't).

As for applying for an LMO and work permit - If your employer applies for the LMO and you are still waiting for a response within the two weeks prior to the expiry of your current work permit, then you are permitted to apply for the TWP with the LMO pending.

See p. 88 of the foreign worker guide:
www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

Exception: For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks. The foreign national must provide CPC-Vegreville proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMO. The application will be initialized and the processing fee will be applied. Applications will be held by CPC-Vegreville for two months (possibly more if a Quebec CAQ is required), after which a determination regarding the work permit will be made.


In that case, you would be on "implied status" while waiting for the work permit application to be finalized.

Also, you should know that since you are currently on a PGWP, your employer is not required to demonstrate recruitment efforts to obtain the LMO - they should attach a copy of your BOWP with the application. See the advertisement section here:
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

 

[LPS]

This was last year, before CIC reissued clarifications about the BOWP program. Since then, we haven't seen people succeed with this (tho I'm not saying you won't).

To be clear: what is it that no longer succeeds?

While I and others who used this manoeuvre (applying prior to AOR, by mail) did so before OB485a, I can see at least one more recent example in that thread.

One reading of the OB might be that the officer goes to GCMS and asks, "Does the applicant have a positive eligibility decision?", and not, "Did the applicant have a positive eligibility decision on a certain date?" Perhaps there are other guidelines and practices and they are supposed to interpret it the second way. I'm not really sure.

 

[ljiljka007]

Well, that is the only way for myself to apply for BOWP too since my work permit expires on May31 and Im just about to send application for PR next week.

I guess I'll let you know in about 45 days does it work or not

 

[bcstudent14]

Just an update/request for more advice...

My BOWP application was rejected because I have not yet received my AOR. Now, my PGWP has expired as well. In the letter of rejection it says I have 90 days to apply for restoration of my status. I'm assuming I can't reapply for a BOWP because my PGWP is now expired, so do I just apply for a visitor visa of some sort? Or do I try for another work permit? I still have not received my AOR and don't want to break any laws by overstaying my time. I have also informed my employer and will stop working.

Any advice on how to proceed next? Thanks for your help.

 

[canadavisa13]

Hi bcstudent14,

sorry to hear about your situation,the most important thing is that you lodged a PR application that hopefully will get a positive outcome in a due course.
my first advice to you is to stop working IMMEDIATELY to avoid jeopardizing your situation.
second advice is to either apply for a restoration of status as a visitor or a work permit through the LMO route,you have 90 days to do so from the date of rejection letter.
please note that you are no longer eligible for BOWP at this time since your work permit has already expired.

good luck.

 

[bcstudent14]

Thanks for the quick reply. So it seems like LMO or wait it out as a visitor for a year...

Just to make sure I'm not jeopardizing my status in anyway, I'm allowed to stay in Canada for these 90 days correct? I will be applying well before the 90 days pass and I am stopping work immediately (have already contacted HR).

Thanks again for the help.

 

[canadavisa13]

you are welcome bcstudent14,

you are well within the rules.
and be positive PR under CEC takes around 8 months currently if everything is clear and no complications are found.
once again good luck.

 

[Hope1957]

Just to reconfirm, you had not received your AOR at the time they began processing your BOWP? Can you share your timelines (i.e. when did you apply for your BOWP, have you received your AOR, how did you apply for your BOWP, paper based or online)? thanks!

Just an update/request for more advice...

My BOWP application was rejected because I have not yet received my AOR. Now, my PGWP has expired as well. In the letter of rejection it says I have 90 days to apply for restoration of my status. I'm assuming I can't reapply for a BOWP because my PGWP is now expired, so do I just apply for a visitor visa of some sort? Or do I try for another work permit? I still have not received my AOR and don't want to break any laws by overstaying my time. I have also informed my employer and will stop working.

Any advice on how to proceed next? Thanks for your help.

 

[canuck_in_uk]

Thanks for the quick reply. So it seems like LMO or wait it out as a visitor for a year...

Just to make sure I'm not jeopardizing my status in anyway, I'm allowed to stay in Canada for these 90 days correct? I will be applying well before the 90 days pass and I am stopping work immediately (have already contacted HR).

Thanks again for the help.

Unless your employer has already applied for the LMO, there is very little chance that it will be processed within 90 days. I suggest you immediately apply to restore your status as a visitor.

You need to understand that you are now in Canada illegally. Yes, there is a 90 day window in which to restore your status and become legal again but at the moment, you have no legal status.

Once you've submitted the restoration application, you are allowed to remain in Canada until you receive a decision.

 

[canadavisa13]

Hi canuck_in_uk,

you are completely wrong the OP is not in canada illegaly he is OUT OF STATUS and he has a 90 days grace period to restore his status.
the two are different so do not confuse things and others unless you speak with a solid proof.
my advice to you is not to change your status to a visitor right away and wait a little bit in case you can find an employer with a pre approved LMO or someone willing to file an LMO for you,in this case if you do not get your LMO by the 90 days period you can apply for your restoration of status as a worker based on the LMO file number and forward your LMO once received....if you go this way make sure you apply do not apply for your work permit online but rather paper file since the later takes longer time and it will give you a room to hear from service canada about the LMO.
the worst scenario case is you will not find an employer who is willing to do LMO for you or one who has a pre approved LMO,in this case you can switch your status from a worker to a visitor.