BOWP Not an Option Anymore - Help!

[Yakisoba_S]

Here is the situation, and I am desperately hoping that someone here can provide some feedback.

With a month left on my study/work permits (valid through November 30, 2013), I applied for CEC at the end of last October, sending work and study visa renewals in the same package. This, I stress, was done at the advice of a lawyer. All the fees were paid online the same day. In mid-December, CIC sent my package back because it was missing an IELTS score. They also sent back the work/study permit renewals, saying that they couldn't be processed in Sydney.

I took the IELTS the following weekend, got my score and then remailed the original package back to CIC, with a newly printed Document Checklist, since that seemed to be the only form that had been updated in the interim. I had assumed all this time that I was on implied status, but a quick call to CIC cleared that up. Now, in addition to having to refile these applications, I'm facing an additional $400 in restoration fees, with no guarantee that my status will actually be restored. The original work permit renewal application was to be a BOWP, but since the whole thing got sent back to me *after* my status had already expired, I understand that now I don't qualify for this type of work permit.

My employer is being super understanding about the situation (which followed a horrible year of family trauma), and though I stopped working immediately after the call to CIC and my position is secure in the meantime, I can't be unemployed indefinitely. Adding to the complication is that I have two daughters in school, one of whom is a Canadian citizen, and the school board is now emailing daily for updates that I can't provide.

The missing IELTS exam was clearly my fault, and I take ownership of that. However, the misdirected work permit renewal was done following legal advice. I'm waiting for my new passport to arrive before I apply for restoration, as the old one is valid only through mid-April and there's really no point in applying now for status that would expire in a couple months anyway under the best outcome. Has anyone been in this boat before (gee, I hope not)? Or something similar? I'd be really grateful for any suggestions, support or encouragement. I'm pretty shell-shocked and would like to handle this independently if I can, especially if additional legal fees won't change the outcome. Thanks in advance for any feedback.

 

[scylla]

Applying for CEC alone doesn't qualify you for a BOWP. You need AOR first. Even if your CEC had been correctly filed and had included IELTS, I still don't think you would have received AOR quickly enough to qualify to apply for a BOWP. So even without the misdirected work permit, you would still be out of status right now.

You need to apply for restoration of status within 90 days of the November 30 expiry of your work permit. I assume you'll have the new passport soon and be able to make this deadline?

To apply for a work permit, your employer will need to obtain an approved LMO. Is your employer working on this? It typically takes a few months.

 

[Yakisoba_S]

Thanks, Scylla (love your user name, BTW. I should have called myself Charybdis, since I'm pretty much stuck between a rock and a hard place right now). The short answer to your question is no. I'll ask my boss to get on it right away, but I don't know how the logistics of that would work. Do I apply for restoration separately, or together with the open work permit application I already submitted? Or do I apply for restoration now, wait for my passport to arrive, then submit that information along with the work permit and LMO if/when it arrives? What currently has me scared is that CIC is going to open up my newly-submitted PR application, look at it and say "Oops; out of status," and then I've got another returned application on my hands. The agent at CIC did assure me that, once an application for restoration is made, the information is system-wide, so there would be no need to update the folks in Sydney. Still, I really can't afford any more mistakes.

At this point I'm wondering if it might just be better to head back to the US for a while and ride out the PR process there. Taking my kids out of school mid-year obviously isn't the best solution, but then, neither is racking up a mountain of debt because I can't work until this is cleared up. Do you happen to know whether there's a case for compassionate grounds based on some extreme family circumstances? Or if there's a "face" to talk to rather than going through the call centre?

Once the dust from all this is settled, I'd love to get a petition going to remove the IELTS requirement for native speakers, particularly those with several graduate degrees in language and literacy education from a top-ranked Canadian university under their belt. Had I been asked to submit them then, the IELTS entrance requirements for my last program would have exceeded those I'm now required to submit for CEC. And that was just to get in the gate. I know, 'it is what it is,' and there's no point complaining about it now. I know lots of other people have many more hoops to jump through than I do. Still, it does seem redundant, not to mention expensive.

 

[Yakisoba_S]

Sorry, I forgot to mention that I'm expecting my new passport by the end of next week. I'd also like to share that, when I took my IELTS speaking test, I received an 8.5/9, from a non-native speaking interlocutor! LOL I keep wondering where I lost my .5

 

[JPMH_CEC_2013]

Hi,

After I read your initial post.I had a feeling that it would be the best to move out of Canada and head back to your home country.You can run the PR process from there.Given your,present situation and the financial conditions this would be the best to do.


Once you get your AOR,you can apply for a BOWP and return to Canada.Moreover,AOR takes just 30 to 45 days.This would also help you to have a breather from all these legal troubles.I understand your kids situation but still its better not to stay when you are out of status.


Good Luck....Pray to God...........

I wish you get out of this mess soon.........

 

[scylla]

Once the dust from all this is settled, I'd love to get a petition going to remove the IELTS requirement for native speakers, particularly those with several graduate degrees in language and literacy education from a top-ranked Canadian university under their belt. Had I been asked to submit them then, the IELTS entrance requirements for my last program would have exceeded those I'm now required to submit for CEC. And that was just to get in the gate. I know, 'it is what it is,' and there's no point complaining about it now. I know lots of other people have many more hoops to jump through than I do. Still, it does seem redundant, not to mention expensive.

This isn't going to happen unfortunately and I wouldn't waste your time with a petition. Making IELTS mandatory for all application was a recent change and I don't see CIC going back on this rule. It was implemented to make processing easier for visa officers and to take away the extra work and subjectivity that comes with confirming the applicant has the required language skills off education certificates. There was way too much grey area before when it came to language evaluation and CIC wanted to streamlinethe process. IELTS makes it easy for them. You either meet the minimum scores or you don't.

 

[scylla]

Thanks, Scylla (love your user name, BTW. I should have called myself Charybdis, since I'm pretty much stuck between a rock and a hard place right now). The short answer to your question is no. I'll ask my boss to get on it right away, but I don't know how the logistics of that would work. Do I apply for restoration separately, or together with the open work permit application I already submitted? Or do I apply for restoration now, wait for my passport to arrive, then submit that information along with the work permit and LMO if/when it arrives? What currently has me scared is that CIC is going to open up my newly-submitted PR application, look at it and say "Oops; out of status," and then I've got another returned application on my hands. The agent at CIC did assure me that, once an application for restoration is made, the information is system-wide, so there would be no need to update the folks in Sydney. Still, I really can't afford any more mistakes.

At this point I'm wondering if it might just be better to head back to the US for a while and ride out the PR process there. Taking my kids out of school mid-year obviously isn't the best solution, but then, neither is racking up a mountain of debt because I can't work until this is cleared up. Do you happen to know whether there's a case for compassionate grounds based on some extreme family circumstances? Or if there's a "face" to talk to rather than going through the call centre?

There is no process for requesting compassionate grounds and no one you can speak with face to face unfortunately. You can call the CIC help desk but their answers tend to be a bit dodgy when the situations are more complicated (like yours).

When you apply to restore your status, you should also apply to change your status to a visitor since the LMO won't be available soon enough for you to apply for a work permit. Where things get confusing for me is your non-Canadian daughter. Presumably her study permit was based on your work permit - so since you no longer have a work permit I don't know where that puts her in terms of getting a new / restored study permit.

To get an approved LMO, your employer will have to advertise your job for a minimum of a month to prove that no Canadian could be hired for the role. The LMO will then have to be submitted for processing which I believe takes around 2 months. So I would assume you're looking at 3+ months before an approved LMO will be available (assuming the LMO is approved - there's no guarantee) and only then will you be able to apply for a work permit. So this may very well make the decision for you regarding whether you stay here or return to the US. Good luck.

 

[Yakisoba_S]

Thanks again for the input, Scylla. We'll have to agree to disagree about the IELTS, as it's hard for me to see what's 'grey' or 'subjective' about two grad degrees from UBC. I also don't think it involves any extra work for an officer to notice that an applicant holds these qualifications, especially when that information was already in their system long before the PR app went in. But hey, this is probably years of international grad student tuition talking. The fact of the matter is, I'm hooped right now. At least I've got a bit of time to consider my options, and I'm truly fortunate to have the kind of job that allows me to work pretty much anywhere in the world.

 

[scylla]

Thanks again for the input, Scylla. We'll have to agree to disagree about the IELTS, as it's hard for me to see what's 'grey' or 'subjective' about two grad degrees from UBC.

You're misunderstanding. I wasn't expressing my opinion of the IELTS process. I was expressing CIC reason's for changing it.

 

[Yakisoba_S]

Thanks again, Scylla. No, I got what you meant, and I understand the rationale behind the IELTS rule. I just don't happen to agree with it, particularly in a category where applicants have already demonstrated that they can successfully live and work in Canada. All my Canadian friends are baffled by it, too, including several who work in other government offices. However, those friends also mentioned that the amount of paperwork they have to process every day is staggering, so I know that for my one pile of forms with a background story that's very meaningful to me, there's an officer sitting at a desk with about 100+ more piled up in front of him representing life situations that are just as meaningful (and as complex). That'd be a daunting task to say the least. Anyway, all this is a debate for another day as important decisions have to be made in a hurry, but none of it's life or death. I'm thankful for that, especially after the family situation of the past year. In a weird way, I'm also glad that I did have to take the IELTS test. I think very few native speakers will ever have to do that or come face to face with the sort of language politics that govern all of our lives whether we're aware of it or not. It was a sobering, humbling experience, and I hope it will make me a better teacher and a more compassionate person going forward.

Anyway, I truly appreciate the input and the people on this board who are willing to take the time to share their experiences, help other people out and provide information. To

Good Luck....Pray to God...........

I wish you get out of this mess soon.........

Thank you so much! I'm praying every day.

 

[LPS]

Sorry, I forgot to mention that I'm expecting my new passport by the end of next week. I'd also like to share that, when I took my IELTS speaking test, I received an 8.5/9, from a non-native speaking interlocutor! LOL I keep wondering where I lost my .5

Really? They're using non-native speakers as examiners?

I have to admit, the language testing requirement is fair as it applies equally to everyone, though I didn't appreciate paying the 300 clams or waiting ages to get an exam time.

 

[Yakisoba_S]

Okay, looking for some input from the senior members here. I know I need to apply for restoration by the end of this month, but now the question is, what category do I apply to restore to? Before was on a study permit with an accompanying off-campus work permit (which didn't require a LMO). I'm assuming I'd apply for restoration as a student? Or would that necessitate first applying for/being accepted by another course of study?

Trying to keep all my options open here, and hoping that at least my CEC application doesn't suffer because I (unknowingly) was out of status when I mailed it back in.

 

[jes_ON]

Okay, looking for some input from the senior members here. I know I need to apply for restoration by the end of this month, but now the question is, what category do I apply to restore to? Before was on a study permit with an accompanying off-campus work permit (which didn't require a LMO). I'm assuming I'd apply for restoration as a student? Or would that necessitate first applying for/being accepted by another course of study?

Trying to keep all my options open here, and hoping that at least my CEC application doesn't suffer because I (unknowingly) was out of status when I mailed it back in.

Ah... well, this raises a lot of possibilities, some very good, some not good at all. So you had a study permit and an off-campus work permit... but you were working full-time for at least a year? Were you still studying? Did you graduate with a degree? If yes, when?

 

[Yakisoba_S]

Ah... well, this raises a lot of possibilities, some very good, some not good at all. So you had a study permit and an off-campus work permit... but you were working full-time for at least a year? Were you still studying? Did you graduate with a degree? If yes, when?

Thanks for responding. I have over a year of full-time work experience, counting from when I fulfilled the requirements of my Master's program (July 2012, with letter of completion from UBC). So, I know that I meet the CEC benchmark for work, and this was confirmed by an immigration lawyer. I convocated in November 2012, with visas good through November 30, 2013.

 

[jes_ON]

Thanks for responding. I have over a year of full-time work experience, counting from when I fulfilled the requirements of my Master's program (July 2012, with letter of completion from UBC). So, I know that I meet the CEC benchmark for work, and this was confirmed by an immigration lawyer. I convocated in November 2012, with visas good through November 30, 2013.

Oh dear, I hope this is a misunderstanding, otherwise, I've some bad news. Here's the problem - your OCWP is only valid for 90 days after you leave the program (graduate/stop registering as a full-time student). You are required to either surrender the OCWP or apply for a Post-graduate work permit (PGWP). Once you complete your degree program, you have a maximum of 3 months to apply for the PGWP. It sounds like you didn't do that...? The implications are, that most of your work experience was unauthorized.

Eligibility for OCWP
http://www.cic.gc.ca/english/study/work-offcampus-who.asp

Surrendering the OCWP
http://www.cic.gc.ca/english/study/work-offcampus-surrender.asp

Post graduation
http://www.cic.gc.ca/english/study/work-postgrad.asp

See also the OP 12 - pp 21-30
www.cic.gc.ca/english/resources/manuals/op/op12-eng.pdf