469 points with 3 weeks on PGWP, good advice needed!

[nasknihal]

Hi everyone,

I am one of the many international students who is finding himself on the wrong side of this process.

I have 469 points and my PGWP expires on April 25, 2016. I have all my documentation ready with medicals done as of last month in anticipation of that ever elusive ITA. I have been in Canada for more than 6+ years and never thought this day would come...

Now I have two options:

- Scenario 1:
If I miraculously get ITA in the next draw (April 20, 2016), I can submit my application right away and apply for BOWP before my PGWP expires and continue working!!

- Scenario 2:
I do not get the ITA before April 25th in which case I think the right thing to do is to apply for a visitor visa and take a leave of absence from work until my PR is processed under CEC (~ 3-4 months at least)

OR

I could apply for an extension of my work permit (without LMIA or AOR) and continue working under implied status. Hoping I can get the ITA soon before BOWP application gets looked at and I can attach my AOR sometime in May. Is this risk worth taking? Anyone have any experience with such a situation?

I feel so helpless being one point off and having just 3 weeks left on my PGWP...

Looking forward to some good advice from the forum members.

Thanks!

 

[Asivad Anac]

Some forum members claim to have successfully tried Option 3 but I imagine it would work only if there isn't a long gap (< 4 weeks probably) between your BOWP application and post ITA submission. That's because you wouldn't have submitted the e-APR along with your BOWP application (which is a mandatory requirement) but the officer might not get around to processing your application till later in the future and, if by that time you've submitted a post ITA application AND it has passed the R10 completeness check (positive program eligibility) then they would be able to issue BOWP. It's a risky strategy but that'll keep you on implied status till you get a refusal on said BOWP application. Going on visitor status is a good choice if you still don't have an ITA and aren't expecting one in the near future.

At 469, it does seem hard but I imagine that 470 isn't a 'hard' floor. The next draw could well see a 465 cutoff so hang in there.

All the best!

 

[twztedelegance]

I'm in a very similar boat brother, in fact little worse as I already had an ITA in December but my application got rejected for a PCC error and since then the quotas have been messed and I am sitting at 469 without an ITA and Work Permit expiring in July. Today was very disheartening but let's hope the 2nd draw of April drops by 1 point atleast for our sake (and by more than that for everyone else's sake)

If you don't get an ITA before the 25th, then I think you will unfortunately have to switch to visitor visa (I don't really understand how that whole process works and how the out of status thing works, maybe someone else can shed some light), chances are you will get ITA within next few months but just in case, you should apply for PNP and also see if your employer will get an LMIA, I am doing the same. If PNP or LMIA comes before a regular ITA, atleast you can then be sure to apply for PR and renew your work permit with LMIA.

Sure hope we don't have to leave Canada and all this goes through, this immigration process and last 1 year has been awful. In hindsight made many mistakes but oh well.

Btw random question does anyone know what happens to our tax status and SIN and things if we go from work visa to visitor visa? Is it frozen and will I no longer be able to access a direct investing account as that is tied to my SIN? I have a decent chunk of change in the stock market :-X

 

[nasknihal]

Some forum members claim to have successfully tried Option 3 but I imagine it would work only if there isn't a long gap (< 4 weeks probably) between your BOWP application and post ITA submission. That's because you wouldn't have submitted the e-APR along with your BOWP application (which is a mandatory requirement) but the officer might not get around to processing your application till later in the future and, if by that time you've submitted a post ITA application AND it has passed the R10 completeness check (positive program eligibility) then they would be able to issue BOWP. It's a risky strategy but that'll keep you on implied status till you get a refusal on said BOWP application. Going on visitor status is a good choice if you still don't have an ITA and aren't expecting one in the near future.

At 469, it does seem hard but I imagine that 470 isn't a 'hard' floor. The next draw could well see a 465 cutoff so hang in there.

All the best!

My only concern is that getting rejected on the BOWP application should not have a detrimental effect on my PR application going forward. I would be ok with not working for 3-4 months if it means getting a PR at the end of it.

 

[nasknihal]

I'm in a very similar boat brother, in fact little worse as I already had an ITA in December but my application got rejected for a PCC error and since then the quotas have been messed and I am sitting at 469 without an ITA and Work Permit expiring in July. Today was very disheartening but let's hope the 2nd draw of April drops by 1 point atleast for our sake (and by more than that for everyone else's sake)

If you don't get an ITA before the 25th, then I think you will unfortunately have to switch to visitor visa (I don't really understand how that whole process works and how the out of status thing works, maybe someone else can shed some light), chances are you will get ITA within next few months but just in case, you should apply for PNP and also see if your employer will get an LMIA, I am doing the same. If PNP or LMIA comes before a regular ITA, atleast you can then be sure to apply for PR and renew your work permit with LMIA.

Sure hope we don't have to leave Canada and all this goes through, this immigration process and last 1 year has been awful. In hindsight made many mistakes but oh well.

Btw random question does anyone know what happens to our tax status and SIN and things if we go from work visa to visitor visa? Is it frozen and will I no longer be able to access a direct investing account as that is tied to my SIN? I have a decent chunk of change in the stock market :-X

Sorry to hear about your situation too..

If my employer gets me an LMIA , can I get a work permit on the basis of that right away? How long are we talking from the point an LMIA is approved?

 

[zareef]

- Scenario 2:
I do not get the ITA before April 25th in which case I think the right thing to do is to apply for a visitor visa and take a leave of absence from work until my PR is processed under CEC (~ 3-4 months at least)

Unfortunately, a "leave of absence" (i.e. still employed, technically) is probably not legal after expiry of work permit.

 

[nasknihal]

Unfortunately, a "leave of absence" (i.e. still employed, technically) is probably not legal after expiry of work permit.

Yea what I meant by that is and I have discussed this with HR is that they will officially terminate my employment and rehire me after my PR is done so I don't think there will be any illegality in that respect.

 

[zareef]

Yea what I meant by that is and I have discussed this with HR is that they will officially terminate my employment and rehire me after my PR is done so I don't think there will be any illegality in that respect.

That should be perfectly fine.

 

[Asivad Anac]

My only concern is that getting rejected on the BOWP application should not have a detrimental effect on my PR application going forward. I would be ok with not working for 3-4 months if it means getting a PR at the end of it.

Two separate applications each being processed on their own merits shouldn't have a detrimental effect on each other. Except that the success of the BOWP application is certainly contingent on your PR application but not vice versa.

If you're fine with not working, going on visitor status makes a lot more sense and has a lot less uncertainty (barring the larger uncertainty of getting an ITA but I imagine you'll get that in April/May).

All the best!

 

[nasknihal]

Two separate applications each being processed on their own merits shouldn't have a detrimental effect on each other. Except that the success of the BOWP application is certainly contingent on your PR application but not vice versa.

If you're fine with not working, going on visitor status makes a lot more sense and has a lot less uncertainty (barring the larger uncertainty of getting an ITA but I imagine you'll get that in April/May).

All the best!

Yea, it is a decision I will have to take in 2 weeks which I hope I don't have to take...do you know how long is expected to take for an officer to review my BOWP on average? If it is more than 4 weeks I might be leaning towards taking that risk..

 

[av]

guys, i am on 465 and got WP till next year, I am bit worried after today draw as my score will get reduced to 460 in 2 months.

May I expect an ITA at 465 in next 3 draws or at 460 by end of year

 

[Asivad Anac]

Yea, it is a decision I will have to take in 2 weeks which I hope I don't have to take...do you know how long is expected to take for an officer to review my BOWP on average? If it is more than 4 weeks I might be leaning towards taking that risk..

Not having applied for that myself, I'm taking cues from forum members here and 4 weeks does seem to be a reasonable window. Others may chime in with their inputs on this.

 

[ee2015]

Hi nasknihal,

I am in the similar, or worse situation as well.

I am at 463 with my PGWP expiring in the middle of May. since the last year, I have been working my butts off to increase scores from 421. After getting two years of experiences and my language results above clb 9, finally broke 460 line... but such a great timing that CIC reduced quota per draw (speechless)... Probably you got all the components of language tests above clb 10?

Anyways, I talked to this lawyer (not an immigration consultant) and to some people who got ITAs during their implied status although their situation was a little different from mine.
The lawyer said I could apply to extend WP, knowing that it would be rejected, so that at least I can reduce the period of time without income. If I go on the visitor status, I know I am going to stop working at least 6 months, so if I could avoid that legally, I will definitely choose that option.

However, I had some other immigration consultants who said I couldn't apply to extend, because I don't have ITA or LMIA which is the requirement, although whether the extension would be approved or refused was not really my question, haha.
so still seems there is some uncertainty on going for this option.

But when the lawyer said I could, she also mentioned that there are many people do it (but still, there's possibility their cases are a bit different from mine)
I would suggest that you get an expert who could advise and help you if you choose to extend your WP.

By the way, do you mind sharing our process going forward and keep each other updated?

 

[wenfeizh]

I'm in a very similar boat brother, in fact little worse as I already had an ITA in December but my application got rejected for a PCC error and since then the quotas have been messed and I am sitting at 469 without an ITA and Work Permit expiring in July. Today was very disheartening but let's hope the 2nd draw of April drops by 1 point atleast for our sake (and by more than that for everyone else's sake)

If you don't get an ITA before the 25th, then I think you will unfortunately have to switch to visitor visa (I don't really understand how that whole process works and how the out of status thing works, maybe someone else can shed some light), chances are you will get ITA within next few months but just in case, you should apply for PNP and also see if your employer will get an LMIA, I am doing the same. If PNP or LMIA comes before a regular ITA, atleast you can then be sure to apply for PR and renew your work permit with LMIA.

Sure hope we don't have to leave Canada and all this goes through, this immigration process and last 1 year has been awful. In hindsight made many mistakes but oh well.

Btw random question does anyone know what happens to our tax status and SIN and things if we go from work visa to visitor visa? Is it frozen and will I no longer be able to access a direct investing account as that is tied to my SIN? I have a decent chunk of change in the stock market :-X

sorry to hear that man. but can i ask what kind of PCC error was that?

 

[andy108]

Option 3. IMO.