BOWP refused even after attaching AOR

[luvcanvisa]

Applied onine Apr 3, got refusal Apr 29. I got refused today stating that they did not receive my AOR. I did attach before submitting online. They also said that my current WP expires on Sep 26 and hence its not within 4 months. I wrote them an email - attached the original explanation letter, AOR and asked them to reconsider. I got an automated email yesterday that application has been updated but no updated in myCIC account. I hope they will approve my case after seeing the AOR. Do you think I am on right track or should I do something else?

Thanks a lot for your help guys

 

[Matt the Aussie]

The issue is not the AOR, it's the validity of your current work permit. It has to be within 4 months of expiry. You're close, but you will need to hold off from applying until you are within 4 months (i.e. May 27).

 

[luvcanvisa]

the contract between my company and client is ending tomorrow - may 2 . hence I applied for BOWP. the client wants me to join them starting monday but without the BOWP I cant :-(...I am so tensed. I have to support my whole family here and I hope they approve ( please note - I havent re applied) I have just send email to question@cic and I got an email saying there is an update on my app. Do you think they are revisiting as per my request?

 

[Matt the Aussie]

They could be...but the rules for the BOWP are very clear about needing to have less than 4 months left on the original permit.

 

[LPS]

This is something a few people have reported. Their BOWP refusal letter stated two reasons - one, no evidence of a positive eligibility decision (AOR), and two, a work permit with more than four months left - where only one of these conditions was true. It seems that this is a standard email template that they send out for refusals, without first deleting the reason that does not apply (in your case the AOR one).

 

[luvcanvisa]

This is something a few people have reported. Their BOWP refusal letter stated two reasons - one, no evidence of a positive eligibility decision (AOR), and two, a work permit with more than four months left - where only one of these conditions was true. It seems that this is a standard email template that they send out for refusals, without first deleting the reason that does not apply (in your case the AOR one).

So you dont think I will get an approval even after sending all the required information in the email? I have high hopes they will approve by next week or so....

 

[LPS]

It's possible but I would urge you to consider other options.

You have basically asked them to bend the four-month rule on compassionate grounds. Since the updated OB485-A (September 19, 2013), I have not heard of anyone successfully doing this. That bulletin restated the four-month rule in stronger terms.

 

[Matt the Aussie]

It's possible but I would urge you to consider other options.

You have basically asked them to bend the four-month rule on compassionate grounds. Since the updated OB485-A (September 19, 2013), I have not heard of anyone successfully doing this. That bulletin restated the four-month rule in stronger terms.

Second this.

Have you considered speaking to your new employer and showing proof of the conditions of applying? Search for OB485-A on the CIC website and you will see that is what the IO uses to process BOWPs.

 

[luvcanvisa]

It's possible but I would urge you to consider other options.

You have basically asked them to bend the four-month rule on compassionate grounds. Since the updated OB485-A (September 19, 2013), I have not heard of anyone successfully doing this. That bulletin restated the four-month rule in stronger terms.

I am desperate for BOWP because I am not sure if the new employer can wait until I apply on May 26th and then wait for 15-20 days. I am just too scared to ask this. they may say no right away and void the offer.

why did i get that email even after the case is closed? I am thinking they are reviewing it again. this cannot be a glitch, can it be a glitch? I did receive 2 such emails and I know they were glicthces but why a glitch after the case is closed?

I am just desperately hoping to receive BOWP. Also do you think I should call them and follow up - tell them about my email and ask whats going on?

 

[nskschatten]

I received a BOWP with a closed work permit valid for another two years. I changed employers therefore the lawyers asked for "functional equivalent" of 4 month or less. The request was granted. You need a good cover letter and supporting documents. But in the end its the VO discresion

 

[LPS]

I received a BOWP with a closed work permit valid for another two years. I changed employers therefore the lawyers asked for "functional equivalent" of 4 month or less. The request was granted. You need a good cover letter and supporting documents. But in the end its the VO discresion

You must have had a good lawyer. What do you mean, you changed employers? In what way is two years "functionally equivalent" to four months???

 

[Matt the Aussie]

You must have had a good lawyer. What do you mean, you changed employers? In what way is two years "functionally equivalent" to four months???

Perhaps because the Work Permit was closed and employment with that company ended they considered it was of 0 value?

I wouldn't rely on that happening again in someone else's situation...

 

[thisisauser]

It's a matter of spirit vs. letter of the law or rule in this case.

If VO follows the letter, they absolutely should not consider any exceptions to the 4 months rule.

If VO follows the spirit of BOWP which is to make life more convenient for those in transition to PR, then they would consider exceptions. 4 months is an arbitrary time period anyway.

But, you can't bank on being lucky that way.

 

[MenicMonday]

I received a BOWP with a closed work permit valid for another two years. I changed employers therefore the lawyers asked for "functional equivalent" of 4 month or less. The request was granted. You need a good cover letter and supporting documents. But in the end its the VO discresion

But did you pull this off prior to Sept 2013?

 

[ZingyDNA]

Perhaps because the Work Permit was closed and employment with that company ended they considered it was of 0 value?

I wouldn't rely on that happening again in someone else's situation...

Yeah a closed WP with 100 years validity means squat if you have a new employer...