BOWP refused - next steps?

[paraphernalia77]

My post grad work permit expired in July and before it expired I sent in a paper application for the BOWP. It was declined this Friday because "You have not provided proof that you have received a positive eligibility decision on your application for permanent residence under one of the Economic Class Programs." which i believe may be the R10 check?

I submitted my PR application on the 21st of November. Accordingly to the processing times, I hopefully should be hearing back from them by end December/start of January. I do have the provincial nomination from Ontario so i believe I don't have to apply for LMIA before I apply for a work permit now. I was thinking of taking a leave from Work on Monday until my application gets processed, and waiting till end of December to see how the PR is coming along before applying for restoration (since I have 90 days to apply for restoration, but I' hoping the PR will come through before that).

Would any one be able to let me know if there are any problems with this plan? Or any alternatives?

 

[paraphernalia77]

And i guess another question I have is if i wait to restore my status, does not being in status affect my PR application?

Any help would be appreciated!

 

[kryt0n]

If your work permit was denied you have to stop working immediately and not work until you have PR. pR takes anything g from 4 months to 2 years. If you don't currently have a status in Canada you may have to leave. If you have the 90 days restore status you will need to get an lmia to apply for another work permit.

After those 90 days if you still don't have your pr or lmia then you need to leave Canada or get a visitor visa.

Do not work from now.

 

[kryt0n]

Hold on, you applied for your BOWP in July even though you hadn't applied for PR?

No wonder it got denied. You were supposed to submit your pr application BEFORE your PGWP expired and before applying for a BOWP.

If you submitted your application on 21st Nov, you will likely hear a answer for your PR application in July, unless it's rejected sooner.

 

[paraphernalia77]

The lawyer asked me to apply for the BOWP and to send in the AOR from whenever I submit the PR application as soon as I have it. Which I did as a case specific inquiry. But since the R10 was not completed, it got refused.

If I have a provincial nomination, am I not exempt from the LMIA?

 

[paraphernalia77]

This is where I found this information: canadavisa.com/labour-market-impact-assessment-exemptions-lmia.html

Workers nominated by a province for permanent residence and who have obtained a job offer in that province may be exempt from the need for a LMIA.

Note: Being exempt from obtaining a LMIA does not mean the individual is exempt from obtaining a work permit. All streams on the LMIA exemption list still require the individual to obtain a work permit to work in Canada legally.

If i go for a work permit, it would be an employer specific one the requirements for which are the following:
- a letter from the provincial government confirming that the province has nominated you for permanent residence,
- a job offer from an employer based in that province, and
- a statement from the province that identifies the job and employer and states that:
you’re urgently needed by your employer, who has offered you a job in that province or territory;
the job offer is genuine and the job offer will create economic benefits or opportunities;
the employment is not part-time or seasonal; and
the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.