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Application rejected, Work Permit expires 15th Oct 2018

asd1985

Hero Member
Nov 27, 2015
221
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Yes - you can apply for a regular (closed) work permit provided your employer has obtained an approved LMIA for your role.
Thanks for answering that.
Yes this wont happen, i had this conversation with my employer today. This is a 3 -4 month process so yeah, bad luck.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for answering that.
Yes this wont happen, i had this conversation with my employer today. This is a 3 -4 month process so yeah, bad luck.
Yes - it's a very long process. I was hoping they may have started months ago and you were closed to the finish line. If not, that's a no go. The advertising requirement alone takes a month to complete.
 
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asd1985

Hero Member
Nov 27, 2015
221
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Whatever happens, i'll keep everyone posted. Hopefully, people in the future can learn from my mistake. I'm about to lose a unionized, full time , permanent 80k + job over a technicality.
 

asd1985

Hero Member
Nov 27, 2015
221
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One of the immigration lawyers i talked with suggested filling out the CIC webform (once i get the new AOR) and explaining my situation, before my BOWP file gets opened. I know you can do this with change of address or updating your IELTS score. Seemed like a last ditch effort.

Could this possible work?
Thanks!
 
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movais

Hero Member
Sep 10, 2018
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One of the immigration lawyers i talked with suggested filling out the CIC webform (once i get the new AOR) and explaining my situation, before my BOWP file gets opened. I know you can do this with change of address or updating your IELTS score. Seemed like a last ditch effort.

Could this possible work?
Thanks!
Yeah i think so, just hope the BOWP person have a good heart lol. Its just upto discretion of the officer, so you never know.
 
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asd1985

Hero Member
Nov 27, 2015
221
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You would have to stop working as soon as your BOWP is rejected. In terms of grace periods, technically there is none. However best practice says you should leave within 30 days.

Your best case scenario isn't accurate unfortunately. You need to be holding a valid work permit at the time you apply for a BOWP - being on implied status is not the same as holding a valid work permit. So if you want to continue working without stopping, you would have to submit a new BOWP application before your current work permit expires (not before your BOWP / extension is refused).
Update: This ^^ was incorrect. I got my BOWP extended last week, while being on implied status, even though my PR application was rejected. Bumping my comment here as i know many people will come across this situation in the future.

Also, most agents don't know shit. They make money by using your lack of knowledge about the subject.

TL;DR:
A) Your BOWP application wont get rejected , just because the associated PR application got rejected. Ideally, try to apply for PR again asap and fill out IRCC online form to explain this update to them.
B) You can apply for PR while being on implied status. Period.
 
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priscabowman

Star Member
Sep 25, 2015
88
34
Canada
Category........
CEC
App. Filed.......
03-10-2018
AOR Received.
20-10-2018
Med's Done....
13-09-18
Update: This ^^ was incorrect. I got my BOWP extended last week, while being on implied status, even though my PR application was rejected. Bumping my comment here as i know many people will come across this situation in the future.

Also, most agents don't know shit. They make money by using your lack of knowledge about the subject.

TL;DR:
A) Your BOWP application wont get rejected , just because the associated PR application got rejected. Ideally, try to apply for PR again asap and fill out IRCC online form to explain this update to them.
B) You can apply for PR while being on implied status. Period.
I can remember reading ur case a couple of weeks back. Glad it worked out well at the end
 

Sparta02

Star Member
Oct 1, 2018
91
11
Hi guys, first off congrats asd1985 for your BOWP. I have a question if anyone can give some advice:

My Post-grad work permit expires Jan 4th, 2019 but my 1-full year of canadian employment would be completed on January 29th, 2019. So there is a gap of approx 3 weeks. My employer is willing to file an LMIA application for me and they advertised the job on December 6th, 2018.
The full 30-days for the advertisement would be completed on January 5th (my work permit expires on Jan 4th). I know that we need to provide proof that LMIA has been applied WITH the work permit application which needs to be on January 4th at the latest but the 30-day advertisement period completes on Jan 5th. Any suggestions advice would help!

Thanks!!
 

jessy87

Hero Member
Sep 18, 2018
270
94
Update: This ^^ was incorrect. I got my BOWP extended last week, while being on implied status, even though my PR application was rejected. Bumping my comment here as i know many people will come across this situation in the future.

Also, most agents don't know shit. They make money by using your lack of knowledge about the subject.

TL;DR:
A) Your BOWP application wont get rejected , just because the associated PR application got rejected. Ideally, try to apply for PR again asap and fill out IRCC online form to explain this update to them.
B) You can apply for PR while being on implied status. Period.
I am so glad for u!!!! you are right..most agents and officers are of no use.
 
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asd1985

Hero Member
Nov 27, 2015
221
29
Hi guys, first off congrats asd1985 for your BOWP. I have a question if anyone can give some advice:

My Post-grad work permit expires Jan 4th, 2019 but my 1-full year of canadian employment would be completed on January 29th, 2019. So there is a gap of approx 3 weeks. My employer is willing to file an LMIA application for me and they advertised the job on December 6th, 2018.
The full 30-days for the advertisement would be completed on January 5th (my work permit expires on Jan 4th). I know that we need to provide proof that LMIA has been applied WITH the work permit application which needs to be on January 4th at the latest but the 30-day advertisement period completes on Jan 5th. Any suggestions advice would help!

Thanks!!
Thanks!
Your case is as unique as mine was, so you might be better served if you create a new thread perhaps.
Good luck!
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,420
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
My Post-grad work permit expires Jan 4th, 2019 but my 1-full year of canadian employment would be completed on January 29th, 2019. So there is a gap of approx 3 weeks. My employer is willing to file an LMIA application for me and they advertised the job on December 6th, 2018.
The full 30-days for the advertisement would be completed on January 5th (my work permit expires on Jan 4th). I know that we need to provide proof that LMIA has been applied WITH the work permit application which needs to be on January 4th at the latest but the 30-day advertisement period completes on Jan 5th. Any suggestions advice would help!
It's not just the advertising that has to be completed before your employer can apply for the LMIA. They have to evaluate the applications, interview potential applicants, and then make a determination that there is no Canadian who can do the job. Then they can submit an LMIA application.

So, in other words, it will not be possible for your employer to submit a valid LMIA application in time to allow you to keep working under implied status. You will likely either have to change to visitor status, orleave Canada while the LMIA and work permit applications are pending.

What is your country of citizenship? You could look into IEC permits, it may be a faster way to come back and start working than waiting for the LMIA (But the LMIA, if approved, will allow you to claim 50 pts for a valid job offer...)
 
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