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Can i find a new job with a BOWP?

legalfalcon

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I agree what you said, but my point is if employment is still there just the name of employer is changing NOC and everything is same, in that situation what you think he will still loose 50 points, because IRCC is concerned that you should not be unemployed, which is not the case then you think they should bother if employer is MR. A or Mr.B
IRCC is not concerned about whether you are unemployed or not. What the criteria is listed here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

If you meet the above, i.e. even if you leave the current job, and the offer remains valid, which is highly unlikely, since if you no longer work for an employer, why would the employer extend you an offer, then you can surely claim points.

Also, all criteria for points has to be met when you create a profile and it is an applicant's responsibility to make sure that the same is met when the application is assessed.

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

  • the invitation to apply (ITA) was issued; or
  • the e-APR was received by IRCC.
When reviewing an application, processing offices must determine if

  • the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation; and
  • when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations.
Accordingly, officers should refuse an application under section A11.2 if it is determined that

 

scylla

VIP Member
Jun 8, 2010
93,047
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Toronto
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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
Yes new job offer should meet all criteria mentioned in my previous post to be valid, and as per this specific example if OP gets BOWP then open work permits have some advantage, like: An open work permit, on the other hand, lets foreign workers work in any position, for any employer, anywhere in Canada. Since open work permits are not restricted to an occupation or employer, they do not require an LMIA.

So requirement of LMIA will be fulfilled by BOWP and he just need new job offer which says employer will provide him employment after getting PR
We all know some work permits do not require LMIAs. That's not the point of the discussion here.

The point of this discussion is what constitutes a job offer under Express Entry. A job held under a BOWP with no LMIA does not constitute a job offer.

Suggest you re-read the posts above as it relates to what is classified as a job offer under Express Entry and is eligible for the 50 points. Once again, if the OP switches to a BOWP (which is an open work permit with no employer named), the only way the 50 job offer points can continue to be claimed is through the employer obtaining an approved LMIA.

It's an extremely well known rule that those on open work permits with no employer named can only qualify for a job offer under Express Entry with an approved LMIA.
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
We all know some work permits do not require LMIAs. That's not the point of the discussion here.

The point of this discussion is what constitutes a job offer under Express Entry. A job held under a BOWP with no LMIA does not constitute a job offer.

Suggest you re-read the posts above as it relates to what is classified as a job offer under Express Entry and is eligible for the 50 points. Once again, if the OP switches to a BOWP (which is an open work permit with no employer named), the only way the 50 job offer points can continue to be claimed is through the employer obtaining an approved LMIA.

It's an extremely well known rule that those on open work permits with no employer named can only qualify for a job offer under Express Entry with an approved LMIA.
You again and again saying the same thing. Like:

It's an extremely well known rule that those on open work permits with no employer named can only qualify for a job offer under Express Entry with an approved LMIA.

This is what I am asking where This Rule is mentioned about Open Work Permit. You are continuously ignoring right of open work permit. Yes approved LMIA is required but only when you dont have open work permit. If without approved LMIA a job offer is not valid than how come we do not need to reapply LMIA on expiry if we have BOWP and continue working.

I agree whatever is mentioned there which you are copy pasting, but read it carefully there is nothing mentioned about BOWP in case of switching jobs. BOWP also falls under Open Work Permit Category with all its rights, if you are only reading EE requirement than Plz also read advantages of having OWP. It is not just piece of paper. Even if your PR file gets refused you can continue working till your BOWP is valid.

@New_User101 I would suggest you to raise a webform to IRCC and ask them specifically or even on twitter
 

scylla

VIP Member
Jun 8, 2010
93,047
20,591
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
You again and again saying the same thing. Like:

It's an extremely well known rule that those on open work permits with no employer named can only qualify for a job offer under Express Entry with an approved LMIA.

This is what I am asking where This Rule is mentioned about Open Work Permit. You are continuously ignoring right of open work permit. Yes approved LMIA is required but only when you dont have open work permit. If without approved LMIA a job offer is not valid than how come we do not need to reapply LMIA on expiry if we have BOWP and continue working.

I agree whatever is mentioned there which you are copy pasting, but read it carefully there is nothing mentioned about BOWP in case of switching jobs. BOWP also falls under Open Work Permit Category with all its rights, if you are only reading EE requirement than Plz also read advantages of having OWP. It is not just piece of paper. Even if your PR file gets refused you can continue working till your BOWP is valid.

@New_User101 I would suggest you to raise a webform to IRCC and ask them specifically or even on twitter
I'll say this once more and then I completely give up.

You are confusing open work permit rules with what qualifies as a job offer under Express Entry. These are two entirely different things.

The rules about switching jobs when you have claimed the 50 points does in fact specifically state that the new job offer must meet all of the requirements of a job offer under Express Entry. This is in the section you yourself quoted.

Anyway - I give up and see no point in discussing further. Feel free to make up rules. That's your choice. I guess you're going to ignore what legalfalcon has said too.
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
IRCC is not concerned about whether you are unemployed or not. What the criteria is listed here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

If you meet the above, i.e. even if you leave the current job, and the offer remains valid, which is highly unlikely, since if you no longer work for an employer, why would the employer extend you an offer, then you can surely claim points.

Also, all criteria for points has to be met when you create a profile and it is an applicant's responsibility to make sure that the same is met when the application is assessed.

Under section A11.2, an officer may not issue a visa to an applicant who did not or does not meet the Express Entry minimum entry criteria (MEC) or did not or does not possess the qualifications for which they received their CRS score at the time when

  • the invitation to apply (ITA) was issued; or
  • the e-APR was received by IRCC.
When reviewing an application, processing offices must determine if

  • the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation; and
  • when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations.
Accordingly, officers should refuse an application under section A11.2 if it is determined that

How come you can say that IRCC is not concerned about if applicant is unemployed or not. check below in your post ( some of my symbol keys are not working on keyboard so cant use proper ones like question mark and all)

As per your post:
When reviewing an application, processing offices must determine if

  • the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation; and
  • when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations
Materially changed here means if you were unemployed at the time of applying then ITA would not have been issued to you, so unemployment is not acceptable. And again Plz check it is clearly mentioned to the degree which means slightly changes are acceptable but you should still performing the same duties which you mentioned at the time of application.
 

abhishek_p81

Hero Member
Oct 26, 2018
313
171
I'll say this once more and then I completely give up.

You are confusing open work permit rules with what qualifies as a job offer under Express Entry. These are two entirely different things.

The rules about switching jobs when you have claimed the 50 points does in fact specifically state that the new job offer must meet all of the requirements of a job offer under Express Entry. This is in the section you yourself quoted.

Anyway - I give up and see no point in discussing further. Feel free to make up rules. That's your choice. I guess you're going to ignore what legalfalcon has said too.
I am not confusing anything, when something is not mentioned clearly in law or against something then benefit of doubt goes to the applicant, and strange nothing is mentioned about BOWP. Same here I dont want to continue so requested that guy to ask IRCC directly, but definitely whatever response he gets I request him to share because this will help lots of us.

:) we all know legalfalcon definitely have more knowledge on IRCC issues than any of us, but counter questions make things more clear and I am just saying whatever I read and understand to my knowledge. I never said this is Rule rather wants to know what should happen in this case. Anyways take care
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
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Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
How come you can say that IRCC is not concerned about if applicant is unemployed or not. check below in your post ( some of my symbol keys are not working on keyboard so cant use proper ones like question mark and all)

As per your post:
When reviewing an application, processing offices must determine if

  • the applicant possesses the qualifications that they declared in their e-APR, as corroborated by the applicant’s supporting documentation; and
  • when the applicant submits their e-APR, the information provided in their Express Entry profile has not materially changed to the degree that the applicant would not have been issued an ITA in that round of invitations
Materially changed here means if you were unemployed at the time of applying then ITA would not have been issued to you, so unemployment is not acceptable. And again Plz check it is clearly mentioned to the degree which means slightly changes are acceptable but you should still performing the same duties which you mentioned at the time of application.
All applications are locked when you receive an ITA. Any changes to your application post ITA do not matter, unless you are required to have an ongoing requirement for them, such as a valid job offer, which is valid for one year after the applicant receives a PR.

For CEC applicants the requirement is:

Assessing work experience - Applications received on or after January 2, 2013
Applicants must have at least 12 months of full-time, Canadian skilled work experience (or the equivalent in part-time work experience) in one or more NOC 0, A or B occupations within the 36 months before the date of application receipt [R87.1(2)(a)].
In addition, during that period of employment, the applicant must have:
  • performed the actions described in the lead statement for the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(b)]; and
  • performed a substantial number of the main duties, including all the essential duties, of the occupation(s) as set out in the occupational description of the NOC [R87.1(2)(c)].
Any period of employment when the applicant was engaged in full-time study will not be included in calculating the period of qualifying work experience (e.g., work experience gained through co-op work permits, off-campus work permits while a full-time student and on-campus work permits). [R87.1(3)(a)]. Officers should verify the work permit information in GCMS.
For FSW the requirement is:

Skilled work experience
Skilled work experience means that you’ve worked in 1 of these National Occupational Classification (NOC) job groups:

  • Managerial jobs (skill type 0)
  • Professional jobs (skill level A)
  • Technical jobs and skilled trades (skill level B)
You must show that while working in your primary occupation, you performed the duties set out in the lead statementof the occupational description in the NOC. This includes all the essential duties and most of the main duties listed.

Your skilled work experience must be

  • in the same type of job (have the same NOC) as the job you want to use for your immigration application (called your primary occupation)
  • within the last 10 years
  • paid work (have been paid wages or earned commission—volunteer work or unpaid internships don’t count)
  • at least 1 year of continuous work or 1,560 hours total (30 hours per week)—you can meet this in a few different ways:
    • Full-time at 1 job: 30 hours/week for 12 months = 1 year full time (1,560 hours)
    • Equal amount in part-time: 15 hours/week for 24 months = 1 year full time (1,560 hours)
    • Full-time at more than 1 job: 30 hours/week for 12 months at more than 1 job = 1 year full time (1,560 hours)

An applicant gets points for the work declared, and not for the ongoing work. Also, there is no requirement that an applicant be employed throughout the application processing or even when initiating the process. You get points based on the work experience an applicant has in the last 10 years.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/criteria-comprehensive-ranking-system/grid.html

How applications are assessed for A11.2 see:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

As regards what is material, you can read the federal court judgments where they have discussed this extensively, and it is a fact based inquiry and not a one size fits all. http://canlii.ca/t/fr17x

Finally, instead of just going back and forth, do what best works for your application. The forum is meant for providing guidance and not legal advise.

If you need legal advise, then you should seek professional legal guidance.
 

roland1990

Star Member
Sep 2, 2019
55
11
I'm very glad to see this thread which exactly discusses the situation I'm in. I claimed 50 points for job offer while on a 2 year closed work permit with LMIA . At the time of AOR (Feb 2020), the closed work permit with LMIA still had almost 1.5 years left to expire. Due to the pandemic delay, its almost been a year since AOR and I do not think my PR outcome will be known anytime soon. So in order to not loose points for the job offer, can my employer/me go for and BOWP or should the employer procure an LMIA and reapply for a closed work permit again and reissue a new job offer letter. I do not have any intention of changing the employer.

I'm concerned about taking the BOWP path because even if continue to work for the same employer, would the conditions highlighted in bold font be met for an applicant who is claiming 50 points for the job offer ? Does that mean for an applicant who has obtained 50 points due to job offer with LMIA (Closed Work Permit), bridging open work permit cannot be used even if the applicant works for the same employer mentioned in the closed work permit with LMIA valid at the time of the AOR ?

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR

Reference:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html


Again, I was really surprised and glad I found this thread. Not many might have landed up in this unfortunate and specific situation.

Anyone with a similar experience ? @legalfalcon @scylla your valuable input will be really appreciated.

Thanks
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
I'm very glad to see this thread which exactly discusses the situation I'm in. I claimed 50 points for job offer while on a 2 year closed work permit with LMIA . At the time of AOR (Feb 2020), the closed work permit with LMIA still had almost 1.5 years left to expire. Due to the pandemic delay, its almost been a year since AOR and I do not think my PR outcome will be known anytime soon. So in order to not loose points for the job offer, can my employer/me go for and BOWP or should the employer procure an LMIA and reapply for a closed work permit again and reissue a new job offer letter. I do not have any intention of changing the employer.

I'm concerned about taking the BOWP path because even if continue to work for the same employer, would the conditions highlighted in bold font be met for an applicant who is claiming 50 points for the job offer ? Does that mean for an applicant who has obtained 50 points due to job offer with LMIA (Closed Work Permit), bridging open work permit cannot be used even if the applicant works for the same employer mentioned in the closed work permit with LMIA valid at the time of the AOR ?

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR

Reference:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html


Again, I was really surprised and glad I found this thread. Not many might have landed up in this unfortunate and specific situation.

Anyone with a similar experience ? @legalfalcon @scylla your valuable input will be really appreciated.

Thanks
If you have filed a PR application, you are eligible for a BOWP. If you want to continue on LMIA, that is between you and your employer. You can apply for a BOWP and continue with the same job it does not matter. However, the employer will prefer you going on BOWP, as they will not have to pay for LMIA.

BOWP / LMIA is your status in Canada that allows you to work in Canada, that has nothing to do with the points you claimed. You cannot work in Canada unless you have a work permit. If you have a BOWP you can work for any employer, and if you have a closed WP, you can only for for the employer who filed your LMIA.

Whether you work for the same employer with a BOWP or LMIA, you will still be eligible to claim points for your job offer.
 
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roland1990

Star Member
Sep 2, 2019
55
11
If you have filed a PR application, you are eligible for a BOWP. If you want to continue on LMIA, that is between you and your employer. You can apply for a BOWP and continue with the same job it does not matter. However, the employer will prefer you going on BOWP, as they will not have to pay for LMIA.

BOWP / LMIA is your status in Canada that allows you to work in Canada, that has nothing to do with the points you claimed. You cannot work in Canada unless you have a work permit. If you have a BOWP you can work for any employer, and if you have a closed WP, you can only for for the employer who filed your LMIA.

Whether you work for the same employer with a BOWP or LMIA, you will still be eligible to claim points for your job offer.
@legalfalcon, thank you very much for the response. Understood that I would at least have to either apply for BOWP or closed Work Permit with new LMIA to get the implied status until the work permit is approved or PR is approved (which ever happens earlier). However, if I take the BOWP path and if my PR application is subject to a final review / assessment, then at that point of time, it will not satisfy these two highlighted conditions for the Job offer points I claimed even if I'm working for the same employer listed on the work permit at the time of AOR right ? Am I understanding these conditions correctly ? I have not seen the BOWP document, but I'm assuming, it will not have an employer name or LMIA. Under these circumstance, while being under BOWP, will I be able to claim the points because there is no employer name nor LMIA in the work permit, hence the job offer becomes irrelevant right. I know I must be misunderstanding the requirements, just trying to understand and get my head around these clauses. Thank you again for helping.

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
 
Last edited:

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@legalfalcon, thank you very much for the response. Understood that I would at least have to either apply for BOWP or closed Work Permit with new LMIA to get the implied status until the work permit is approved or PR is approved (which ever happens earlier). However, if I take the BOWP path and if my PR application is subject to a final review / assessment, then at that point of time, it will not satisfy these two highlighted conditions for the Job offer points I claimed even if I'm working for the same employer listed on the work permit at the time of AOR right ? Am I understanding these conditions correctly ? I have not seen the BOWP document, but I'm assuming, it will not have an employer name or LMIA. Under these circumstance, while being under BOWP, will I be able to claim the points because there is no employer name nor LMIA in the work permit, hence the job offer becomes irrelevant right. I know I must be misunderstanding the requirements, just trying to understand and get my head around these clauses. Thank you again for helping.

if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
Any condition that you have to meet is when you file the application. When you filed that application you did meet the condition. Subsequently, you can move to the BOWP while working for the same employer. Also, if your employer does not provide you a LMIA but keep the offer open, you will still be eligible for claiming the points even if you no longer work in Canada and have no work permit, but your arranged job offer is valid for at least 1 year from the date your PR application is approved.
 

roland1990

Star Member
Sep 2, 2019
55
11
Any condition that you have to meet is when you file the application. When you filed that application you did meet the condition. Subsequently, you can move to the BOWP while working for the same employer. Also, if your employer does not provide you a LMIA but keep the offer open, you will still be eligible for claiming the points even if you no longer work in Canada and have no work permit, but your arranged job offer is valid for at least 1 year from the date your PR application is approved.

Thanks @legalfalcon. I'm gradually getting the picture here. So that mean these clause should be interpreted like

if you’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive LMIA, and: (this condition need be met at the time of AOR only)
(One among the following three should be met till the time of issuing PR)
  • you’re working for an employer listed on your work permit (like continuing to work for the same employer either under BOWP or closed WP based on LMIA)
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued (like if you have a BOWP and loose your job but you still do not loose the points for job offer because the BOWP give you authorization to work)
  • your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR (wondering what situation this would be like ? Is this clause talking about the job offer the employer at the time of AOR ? how would a person end up in a situation like this ? )
Should these three bulleted sub clauses be treated with an "OR" or and "AND" in between and it is not necessary for all three of the sub clauses to be met ?
My employer is ramping down and I thought if I'm let go then even if I have BOWP, the job offer provided at the time of AOR will be meaningless and I would loose the 50 points which would bring my score below the cut off and I will have to apply all over again based on the Canadian experience only. If my job offer points will not drop if I loose the job while on a BOWP, then I can breath a sign of relief. This is starting to look like great news !
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thanks @legalfalcon. I'm gradually getting the picture here. So that mean these clause should be interpreted like

if you’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive LMIA, and: (this condition need be met at the time of AOR only)
(One among the following three should be met till the time of issuing PR)
  • you’re working for an employer listed on your work permit (like continuing to work for the same employer either under BOWP or closed WP based on LMIA)
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued (like if you have a BOWP and loose your job but you still do not loose the points for job offer because the BOWP give you authorization to work)
  • your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR (wondering what situation this would be like ? Is this clause talking about the job offer the employer at the time of AOR ? how would a person end up in a situation like this ? )
Should these three bulleted sub clauses be treated with an "OR" or and "AND" in between and it is not necessary for all three of the sub clauses to be met ?
My employer is ramping down and I thought if I'm let go then even if I have BOWP, the job offer provided at the time of AOR will be meaningless and I would loose the 50 points which would bring my score below the cut off and I will have to apply all over again based on the Canadian experience only. If my job offer points will not drop if I loose the job while on a BOWP, then I can breath a sign of relief. This is starting to look like great news !

  • you’re working for an employer listed on your work permit (like continuing to work for the same employer either under BOWP or closed WP based on LMIA) YES.
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued (like if you have a BOWP and loose your job but you still do not loose the points for job offer because the BOWP give you authorization to work) This is not correct. The job offer has to be valid for at leat 1 year from the day you become a PR. So the jib offer has to remain valid.
  • your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR (wondering what situation this would be like ? Is this clause talking about the job offer the employer at the time of AOR ? how would a person end up in a situation like this ? ) It simply means that you are continuing in the same NOC.
 

roland1990

Star Member
Sep 2, 2019
55
11
  • you’re working for an employer listed on your work permit (like continuing to work for the same employer either under BOWP or closed WP based on LMIA) YES.
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued (like if you have a BOWP and loose your job but you still do not loose the points for job offer because the BOWP give you authorization to work) This is not correct. The job offer has to be valid for at leat 1 year from the day you become a PR. So the jib offer has to remain valid.
  • your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR (wondering what situation this would be like ? Is this clause talking about the job offer the employer at the time of AOR ? how would a person end up in a situation like this ? ) It simply means that you are continuing in the same NOC.
Thanks @legalfalcon. When you say the job offer has to remain valid, do you mean job offer should have any job start and end date ? As we don't know when the PR would be issued, the employer would not be able to fill in a date I guess. My job offer letter has a line which says the employment is expected to continue "at least one year after obtaining permanent residency". This was in Jan 2020, but now almost a year has passed since my AOR Feb 2020 and eligibility stage has passed. The situation has changed due to the pandemic. Neither the employer nor me thought this would drag on for this long. Although, I'm employed with the same employer (touch wood),

1) will the BOWP help in any way, if the employer let go of me ?
2) Is there any benefit for the applicant to go for a BOWP (instead of renewing closed WP with a new LMIA)
 

legalfalcon

VIP Member
Sep 21, 2015
19,040
9,897
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thanks @legalfalcon. When you say the job offer has to remain valid, do you mean job offer should have any job start and end date ? As we don't know when the PR would be issued, the employer would not be able to fill in a date I guess. My job offer letter has a line which says the employment is expected to continue "at least one year after obtaining permanent residency". This was in Jan 2020, but now almost a year has passed since my AOR Feb 2020 and eligibility stage has passed. The situation has changed due to the pandemic. Neither the employer nor me thought this would drag on for this long. Although, I'm employed with the same employer (touch wood),

1) will the BOWP help in any way, if the employer let go of me ?
2) Is there any benefit for the applicant to go for a BOWP (instead of renewing closed WP with a new LMIA)

The line you that states "at least one year after obtaining permanent residency" meets the requirement for arranged employment.

Definition of arranged employment

  • 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in any of subparagraphs 200(3)(h)(i) to (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

1. BOPW is not dependent on your employer and you can continue to work anywhere with any employer. However, if you claimed points for arranged employment, that above has to be met at all times.

2. see 1