BOWP got refused, need advice

[lpc19800]

Does anyone knows are the timelines same for restoration as they are for the extending the work permit

I believe you have 90 days after expiration in which to apply for restoration

 

[iam_toby]

I believe you have 90 days after expiration in which to apply for restoration

Correct:

However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offence (loss of status) or you must leave Canada.

[ Source: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp ]

 

[nevenj]

I believe you have 90 days after expiration in which to apply for restoration

I know it's 90 days, sorry I should have ask are the processing times same. I'm writing an application as we speak and I'll send it online tomorrow, I need to pay visit to some lawyer or something.

 

[LPS]

I still don't know where it says you need to send an AOR with the application.

 

[iam_toby]

I still don't know where it says you need to send an AOR with the application.

It doesn't say you need to send the AOR with your BOWP application.
But one of the requirements for BOWP is:

They have received a positive eligibility assessment on their PR application under one of the Economic Class programs above; and

Once the eligibility assessment is completed, CIC issues the AOR.
So whenever you get the AOR you qualify for the BOWP.

 

[LPS]

People say their applications have been declined for not enclosing the AOR, though.

If this is a specific requirement of the application process then it ought to be made plain.

The way I interpret the instructions is that the visa officer checks for a positive eligibility assessment using their own systems, and therefore the AOR has to have been issued at the time they process the application... perhaps it's this interpretation that varies between VOs.

 

[iam_toby]

People say their applications have been declined for not enclosing the AOR, though.

If this is a specific requirement of the application process then it ought to be made plain.

The way I interpret the instructions is that the visa officer checks for a positive eligibility assessment using their own systems, and therefore the AOR has to have been issued at the time they process the application... perhaps it's this interpretation that varies between VOs.

Yes, might be up to the VO.
But in theory, if you apply without having the AOR, you're not eligible
by the time you apply. So maybe that's why some applications get rejected.

 

[LPS]

Yes, might be up to the VO.
But in theory, if you apply without having the AOR, you're not eligible
by the time you apply. So maybe that's why some applications get rejected.

You think they might check that the positive eligibility assessment was made prior to the application date? It seems plausible but again the OB is silent on this matter.

I guess it's a coin toss for those of us who applied without an AOR - even if the AOR was due to arrive shortly after the application was submitted.

 

[nick_ind]

I too applied without AOR and chances are it may get rejected, fortunately I have received my AOR 3-4 days back and my current wp is expiring tomorrow, I have re-applied with AOR again. If they cancel earlier withour AOR, they don't have any reason to reject this one.

Naven,

I am so sorry to hear about your story....you went through a lot hell and still its going on....I spoke to CIC agents 2 days back and enquired about restoration and they told me restoration processing time is around 16 weeks .....I confirmed it twice...
I am not sure if you are eligible for BOWP now as your current wp is expired, you may have to find an employer who is ready to sponsor you.....

 

[broiler]

Ok what if I applied for my bowp a week after recieving my AOR but did not attach my AOR surely it would be in the system since I applied after recieving my AOR?

 

[lpc19800]

Ok what if I applied for my bowp a week after recieving my AOR but did not attach my AOR surely it would be in the system since I applied after recieving my AOR?

Those of us with common sense would agree that it would be ok for you to do that since it doesn't ask for AOR. However VO's are hit and miss. The good thing is that you can argue their decision but of course that adds time onto the case.

 

[iam_toby]

Those of us with common sense would agree that it would be ok for you to do that since it doesn't ask for AOR. However VO's are hit and miss. The good thing is that you can argue their decision but of course that adds time onto the case.

Agreed! But at least you can argue when you've had your AOR by the time you applied.

 

[SenoritaBella]

First, do not count on visa officers to do "favors" because they are not obligated to. If you read many appeal cases, this is often the first line of defense they use.
For those that apply without the AOR, always call the CIC call centre when you eventually get your AOR and give them the information/your file number. Get the agent's name and politely ask him/her if they can send you an email confirmation(give your email address) of it or about the nature of your call.

You can also email the AOR to the visa office(with your name, client ID, data of birth, etc) or fax it(if you find the contact info).

 

[LPS]

First, do not count on visa officers to do "favors" because they are not obligated to. If you read many appeal cases, this is often the first line of defense they use.
For those that apply without the AOR, always call the CIC call centre when you eventually get your AOR and give them the information/your file number. Get the agent's name and politely ask him/her if they can send you an email confirmation(give your email address) of it or about the nature of your call.

You can also email the AOR to the visa office(with your name, client ID, data of birth, etc) or fax it(if you find the contact info).

I doubt the effectiveness of getting them to attach information to my file that presumably came from my file in the first place. But for safety's sake I will probably give it a try anyway.

 

[SenoritaBella]

Eventhough CIC is one department, the work permit processing unit does not "talk" to the CEC/skilled worker/etc processing unit. If they did, there will be no need to submit your AOR in the first place. They can't "attach" anything, but can leave a message for the visa officer working on your file.

I doubt the effectiveness of getting them to attach information to my file that presumably came from my file in the first place. But for safety's sake I will probably give it a try anyway.