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legalfalcon

VIP Member
Sep 21, 2015
18,729
9,671
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
Dear @legalfalcon, I would appreciate it if you could advise me what's the best thing to do in my situation.

I am fsw-outland applicant, AOR 10 August.
I moved to Canada on employer specific work permit early September, and started my job 4 weeks later, early October, when I completed my quarantine and got SIN, etc. I update my address to IRCC. My eligibility was passed in September, criminality and security not started, and no updates after that. Also, I have not claimed any points regarding my job offer.

My initial job offer was for one year. My current work permit expires early Sept 2021, and my visa in passport expires on 28 July 2021.
Now I have got an extension to my job offer, until Oct 2022.

My question is:
1. Is it better to apply for work permit extension, or BOWP?
2. I need to travel out of Canada for about 1.5-2 months around June-July (my current visa expires 28 July). The trip is absolutely necessary, so I can't postpone. But I can make sure I return before 28 July.

Based on this, when is the best time to apply for Work Permit extension or BOWP? I'm concerned if it gets approved very close to my departure from Canada, or when I am outside of Canada.

Could you please let me know what you suggest me to do?
1. You can do either, it would not matter for your current job. However, with a BOWP, since it is a open work permit, you can work for any employer in Canada, since you did not claim any points for arranged job offer. Also, if your PR application is pending, you can extend your BOPW, but your WP will depend on your employer and how long they want to keep you in the job.

2. If you have a valid visa and WP, you can travel and return.
 
 

Traveller@world

Full Member
Jul 17, 2020
24
3
1. You can do either, it would not matter for your current job. However, with a BOWP, since it is a open work permit, you can work for any employer in Canada, since you did not claim any points for arranged job offer. Also, if your PR application is pending, you can extend your BOPW, but your WP will depend on your employer and how long they want to keep you in the job.

2. If you have a valid visa and WP, you can travel and return.
Thanks a lot. So if I apply for BOWP before going on my trip, and it gets approved when I’m outside of Canada, it won’t impact my return or validity of my current visa?
 

mnukkiral

Star Member
Jan 14, 2019
82
69
Anyone who recently called IRCC and gotten the information/status update as ALL STAGES PASSED? Asking to gauge the timeline. Most of the July applicants are either ALL PASSED or have gotten COPR.
 
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legalfalcon

VIP Member
Sep 21, 2015
18,729
9,671
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 a lot. So if I apply for BOWP before going on my trip, and it gets approved when I’m outside of Canada, it won’t impact my return or validity of my current visa?
If you have a valid visa and WP, then it will not be an issue, however, if your WP expires, and you are on an implied status, then see this below:



Implied status and travelling outside Canada
A temporary resident with implied status who has left Canada may be allowed to

  • re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
    They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
    It should be noted that this applies to foreign nationals who are TRV exempt, as per paragraph R190(3)(f), and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration);
  • apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
    Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.

If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
 

Traveller@world

Full Member
Jul 17, 2020
24
3
If you have a valid visa and WP, then it will not be an issue, however, if your WP expires, and you are on an implied status, then see this below:



Implied status and travelling outside Canada
A temporary resident with implied status who has left Canada may be allowed to

  • re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa (TRV)-exempt, as per section R190, or on a multiple-entry visa.
    They may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support.
    It should be noted that this applies to foreign nationals who are TRV exempt, as per paragraph R190(3)(f), and to those with multiple-entry visas. Temporary residents from TRV-required countries who have implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are still considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). In this case, their period of authorized stay is extended, pending a decision. This interpretation of the legislation is consistent with the Federal Court decision of De Brito v. Canada (Minister of Citizenship and Immigration);
  • apply for a new work or study permit at the port of entry (POE), provided they have a right to do so under the IRPR.
    Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon may apply for a new or subsequent work permit at the POE, as they fall under the exception of subsection R198(1).
Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.

If the foreign national must resume work or study, they can apply for a new work or study permit at the POE, but only if they are authorized to do so under the IRPR.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html
I understand. Thank you for the explanation.
 
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