Applying for BOWP without AOR

[RickD]

Hey Everyone,

I am in a situation where my IEC work permit expires on 26th December, my CEC application was returned to me for declined payment as my CC was compromised while my application was in the waiting pile. My paperwork has all the ticks on it stating that everything is OK. I will be sending it in today with a money order to avoid any further complications and risks.

I understand that I can apply for BOWP without my AOR by post and it will take 2-3 months to process, but have a few questions regarding this;

Do I need to do anything to gain implied status except for have proof that I have applied for BOWP?
Who might I need to show this to and in what situations?
Do I need to inform Service Canada or CIC of my situation / status?
Should i include a letter of explanation as to why there is no AOR on my BOWP application?
How do I prove to my employer that I have sent in my application for AOR, is proof of posting sufficient
Is there anything else I should consider or need to know?

Thanks

Rick

 

[PMM]

Hi

Hey Everyone,

I am in a situation where my IEC work permit expires on 26th December, my CEC application was returned to me for declined payment as my CC was compromised while my application was in the waiting pile. My paperwork has all the ticks on it stating that everything is OK. I will be sending it in today with a money order to avoid any further complications and risks.

I understand that I can apply for BOWP without my AOR by post and it will take 2-3 months to process, but have a few questions regarding this;

Do I need to do anything to gain implied status except for have proof that I have applied for BOWP?
Who might I need to show this to and in what situations?
Do I need to inform Service Canada or CIC of my situation / status?
Should i include a letter of explanation as to why there is no AOR on my BOWP application?
How do I prove to my employer that I have sent in my application for AOR, is proof of posting sufficient
Is there anything else I should consider or need to know?

Thanks

Rick

1. Last things first. Your IEC is not extendable, so you can't continue to work once it expires, as there is no implied status.
2. CIC doesn't require or care about an explanation, when they receive your BOWP and there is no AOR on file, then it will be refused and you will be requested to leave.
3. Read #1 you can't continue to work.

 

[jes_ON]

RickD, so sorry, in the previous thread you did not indicate that you were on an IEC work permit. As PMM indicates, there's no "implied status" for that particular class of work permits.

As for the BOWP, doing it that way is a gamble. Sometimes works, sometimes doesn't. It only works if the AOR is issued before the work permit application is processed.

Lousy turn of events, all because of the credit card...

 

[RickD]

RickD, so sorry, in the previous thread you did not indicate that you were on an IEC work permit. As PMM indicates, there's no "implied status" for that particular class of work permits.

As for the BOWP, doing it that way is a gamble. Sometimes works, sometimes doesn't. It only works if the AOR is issued before the work permit application is processed.

Lousy turn of events, all because of the credit card...

No worries, you were just trying to help. Out of interest, where does it state that IEC work permits are not eligible for implied status, I can't find it anywhere

I have resent my application with a bank draft and covering letter but there's no chance of it being taken care of now, I guess I have no choice but to pack up my stuff and GTFO of Canada while the government take their sweet ass time to process my whole application. Can't believe this is happening because of Credit Card fraud, totally ridiculous.

Do you think its worth going to my local immigration office to see if they can help (they haven't been much help in the past!)

 

[RickD]

I read the below quote in another thread, now I'm super confused because it seems people are applying for and receiving BOWP without AOR even if they are on IEC permit. Is there anywhere I can read information to clarify this.... http://www.canadavisa.com/canada-immigration-discussion-board/got-my-bowp-approved-without-submitting-aor-t153061.45.html <<< thats the thread I read it in if anyone is interested, page 4

I applied by mail, without AOR, but with an explanation letter, proof of my mailing of my CEC application, and a copy of my CEC application.

The package was received in Vegreville on July 2.
My work permit (IEC) expired on July 8.
I received AOR July 14.
I received my work permit September 3 (dated August 26). It is valid until the expiry of my passport.

Good luck to you all.

 

[jes_ON]

BOWP eligibility is based on your application for permanent residence, not the type of temporary resident permit you have (although you do have to have valid permit, since being in Canada is a requirement.).

If you have a valid work permit (any time) that is due to expire within 4 months, and have received the AOR (for CEC class) then you are eligible for the BOWP.

That is different from having implied status, which allows you to continue to work between the expiry of the old permit and the response from CIC on the new work permit application.

 

[jes_ON]

Can't believe this is happening because of Credit Card fraud, totally ridiculous.

It's happened to me 3 times since I've been in Canada... but never with such severe consequences. Plenty of others on this forum have felt your pain, tho.

Do you think its worth going to my local immigration office to see if they can help (they haven't been much help in the past!)

No. They really have no choice but to apply the rules as written, which for some reason never foresee consequences like this. It doesn't help you much now, but under the new system starting in January, I believe payment will be electronic, so there won't be this 2-3 month lag time between submitting the application and having the payment processed. So, it will be "fixed." Just too late for you ...

 

[RickD]

BOWP eligibility is based on your application for permanent residence, not the type of temporary resident permit you have (although you do have to have valid permit, since being in Canada is a requirement.).

If you have a valid work permit (any time) that is due to expire within 4 months, and have received the AOR (for CEC class) then you are eligible for the BOWP.

That is different from having implied status, which allows you to continue to work between the expiry of the old permit and the response from CIC on the new work permit application.

Jes - Thanks for trying to explain but I'm still confused. Is there somewhere on CIC website that states the type of work permit that you have to have or cannot have to gain implied status. The only thing I can find is http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17 which states that if you apply for a work permit and your current permit expires while that application is in progress then you can continue working until a decision is made.
Now if I apply for BOWP using the paper route with an explanation letter asking for them to reference my UCI record for my AOR, then hopefully my the time they come to processing my BOWP my AOR will come through, and can be added to my application by the officer. That's what the person in I quoted in my above post seems to have done successfully, along with a number of others in the thread I linked above

 

[jes_ON]

A) When PMM says something, you need to take it seriously.

B) Implied status comes in if you apply to extend your work permit. To have implied status, you have to submit an application to EXTEND your existing work permit. IEC work permits are NOT EXTENDABLE. You have to apply for a new work permit. Hence, no implied status for IEC work permits. Here's a treatise on the topic : )

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

IEC work permits are the only ones I know of that are not extendable. This is based on the bilateral agreements between Canada and your home country. (Actually, to my knowledge, PGWPs cannot be extended either, but this "no implied status" interpretation has not been applied to them. I really don't want to start a riot, though.)

If you decide to apply for the BOWP, there's a 90 day grace period after your work permit expires during which you can stay in Canada (but not work) to try and get your status restored. You should have a response to the BOWP application by then (Although AORs seem to be taking longer). But if the BOWP is refused, then you've waited without work for a couple of months, and still can't work. I know for me that wouldn't be an option.

The only other thing I can think of is - when the new EE program starts in January, supposedly there will be an LMIA for employers who want to give a permanent job offer in support of a PR application. There will be no fee, but the details are not available yet.

 

[RickD]

A) When PMM says something, you need to take it seriously.

B) Implied status comes in if you apply to extend your work permit. To have implied status, you have to submit an application to EXTEND your existing work permit. IEC work permits are NOT EXTENDABLE. You have to apply for a new work permit. Hence, no implied status for IEC work permits. Here's a treatise on the topic : )

http://britishexpats.com/wiki/Implied_Status_after_an_IEC_Work_Permit_ends

IEC work permits are the only ones I know of that are not extendable. This is based on the bilateral agreements between Canada and your home country. (Actually, to my knowledge, PGWPs cannot be extended either, but this "no implied status" interpretation has not been applied to them. I really don't want to start a riot, though.)

If you decide to apply for the BOWP, there's a 90 day grace period after your work permit expires during which you can stay in Canada (but not work) to try and get your status restored. You should have a response to the BOWP application by then (Although AORs seem to be taking longer). But if the BOWP is refused, then you've waited without work for a couple of months, and still can't work. I know for me that wouldn't be an option.

The only other thing I can think of is - when the new EE program starts in January, supposedly there will be an LMIA for employers who want to give a permanent job offer in support of a PR application. There will be no fee, but the details are not available yet.

Thanks for the explanation and the link to British Expats, it makes sense from reading that (even though its stupid!). It's not that I don't take PMM seriously, I just prefer to read and understand stuff myself. I really appreciate the advice as I was about to go ahead and and continue working, possibly putting my whole PR application at risk

Given that continuing to work is not an option I have 3 alternatives. If I apply for BOWP in the hope that my AOR comes through before it gets processed I can either;

1. Stay in Canada with friends under the 90 day grace period in the hope of restoring my status
2. Flagpole on December 26th and re-enter Canada on my UK passport, stay in Canada with friends, flagpole again when my BOWP gets approved
3. Leave Canada and come back if and when my BOWP is approved.

Will any of these 3 options invalidate my BOWP application?