BOWP - Express Entry for candidates residing in Canada

[pziegler1986]

I am struggling to find a definitive answer to this:

I am currently working in Canada on the working holiday visa (IEC) which will expire in May 2015. Now that Express Entry has kicked in, I am struggling to find any dialogue from the CIC or immigration experts about candidates in Non-LMIA work permits and their options to remain and work in Canada while their applications are being processed (and permits have subsequently expired). This is/was covered by the BOWP however as stated above, however I have not found anything to confirm that it will still be available under the Express Entry system.

If still available, how would eligibility be determined? I'm assuming from an ITA? (Previously AOR for CEC);
If not available anymore, then this appears to be a gross oversight by the CIC and puts candidates in this bracket under a huge disadvantage.

 

[doubleym]

I am struggling to find a definitive answer to this:

I am currently working in Canada on the working holiday visa (IEC) which will expire in May 2015. Now that Express Entry has kicked in, I am struggling to find any dialogue from the CIC or immigration experts about candidates in Non-LMIA work permits and their options to remain and work in Canada while their applications are being processed (and permits have subsequently expired). This is/was covered by the BOWP however as stated above, however I have not found anything to confirm that it will still be available under the Express Entry system.

If still available, how would eligibility be determined? I'm assuming from an ITA? (Previously AOR for CEC);
If not available anymore, then this appears to be a gross oversight by the CIC and puts candidates in this bracket under a huge disadvantage.

BOWP still exists, but you cannot apply for one until you have received an ITA, submitted your application and I'm guessing, received your AOR.

I'm in the same boat and it does suck, but this is just how it is. Under EE, even if you qualify for one of the programs you still need to overcome the initial hurdle of selection.

If your current permit is running out in May I'd immediately start looking into your employer getting an LMIA and/or provincial nomination to help ensure you get drawn in an early draw. Make sure you have everything ready to file a PR application so you can submit that as soon as you receive an ITA and then just hope that AOR arrives fast and you can apply for your BOWP.

 

[pziegler1986]

Thanks for the information - I'm meeting with an immigration lawyer on Wednesday and that's one of the first questions I'll ask but I don't doubt what you've said.

At least it's still available, all my documents are ready to go, just waiting on the IELTS result which will be made available online on the 23rd of January (or so I'm led to believe). Worst case scenario for me is that I reapply for IEC visa as I am still under 30 (turn 29 in February) which will give me another two years in Canada.

IMO 99% of employers won't bother with a LMIA - especially in Accounting + Finance - how are you supposed to build a business case to say there are no Canadians who can do the job?

 

[doubleym]

Thanks for the information - I'm meeting with an immigration lawyer on Wednesday and that's one of the first questions I'll ask but I don't doubt what you've said.

At least it's still available, all my documents are ready to go, just waiting on the IELTS result which will be made available online on the 23rd of January (or so I'm led to believe). Worst case scenario for me is that I reapply for IEC visa as I am still under 30 (turn 29 in February) which will give me another two years in Canada.

IMO 99% of employers won't bother with a LMIA - especially in Accounting + Finance - how are you supposed to build a business case to say there are no Canadians who can do the job?

They employer has to advertise the role for 4 weeks, then they can apply for an LMIA, they have to show they advertised, how many Citizens/PRs applied, why they weren't suitable etc.

 

[pziegler1986]

I know how the process works - very few employers will be willing to go through this, further, they will have a hard time trying to argue that a Canadian couldn't have done the job.

 

[doubleym]

I know how the process works - very few employers will be willing to go through this, further, they will have a hard time trying to argue that a Canadian couldn't have done the job.

Which is what the government wants. They need to put Canadians first, so if a company can find a suitable Canadian for a role then there is no need for a foreign worker and as such they will not get an LMIA.

It isn't supposed to be easy for an employer to get an LMIA, there purpose is for specialized roles that they haven't found a Canadian citizen or permanent resident for.