BOWP States not to leave Canada

[immigrant_kane]

Hi All,

I applied for BOWP on Nov 19th, while my EE is in progress (in background verification stage). My work permit expires on Feb 18th 2023.
As soon as I applied for BOWP, I received a letter on profile stating I can use that letter to continue working till March 19th 2023 (an extension).
The letter states:

This confirms that your application has been received by Immigration, Refugees and Citizenship Canada (IRCC) on _____________________ (yyyy/mm/dd). Please attach this letter to your present work permit Number _____________ as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until or until a decision is made on your application, whichever is first. This extended period of work is authorized as per subsection 186(u) of the Immigration and Refugee Protection Regulations. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

I am concerned about the last statement:
If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

I have an upcoming trip planned to visit India on December 7th, I am unsure if I leave and return will I not be allowed to work according the above statement?

 

[Taran D]

Hi All,

I applied for BOWP on Nov 19th, while my EE is in progress (in background verification stage). My work permit expires on Feb 18th 2023.
As soon as I applied for BOWP, I received a letter on profile stating I can use that letter to continue working till March 19th 2023 (an extension).
The letter states:



I am concerned about the last statement:
If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

I have an upcoming trip planned to visit India on December 7th, I am unsure if I leave and return will I not be allowed to work according the above statement?

Yes it says so as per the letter that the moment you leave Canada your right to work will collapse.

 

[immigrant_kane]

@Taran D @Naturgrl @YVR123
It is interesting you say that, because that's exactly what I would deduce also from the letter.
However I got in touch with a lawyer from COHEN Immigration Law (his name is Daniel). He said that as long as I have a valid work permit (which has not expired) and a travel visa, I can come back anytime during that period (before work permit expiration). He mentioned that I can travel on the visa and continue working with my original work-permit (because it hasn't expired). Now this is very confusing . Intuitively it seems I shouldn't travel but it seems like I can. I am still confused what to do. I am unable to reach immigration canada agent to confirm/ask them.

 

[YVR123]

Hi All,

I applied for BOWP on Nov 19th, while my EE is in progress (in background verification stage). My work permit expires on Feb 18th 2023.
As soon as I applied for BOWP, I received a letter on profile stating I can use that letter to continue working till March 19th 2023 (an extension).
The letter states:



I am concerned about the last statement:
If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.

I have an upcoming trip planned to visit India on December 7th, I am unsure if I leave and return will I not be allowed to work according the above statement?

As you have read in the letter, you can continue to work if you stay in Canada.

If you leave, you will need your new work permit to be approved or when your PR application has completed before you can work again.

 

[Bangoga]

As you have read in the letter, you can continue to work if you stay in Canada.

If you leave, you will need your new work permit to be approved or when your PR application has completed before you can work again.

I think there is a bit of a miscommunication here, OP is saying currently he has the valid documents to leave canada and come back.

• His trip is on the 7th of December 2022
• His Documents expire on 18 Feb 2023
• He plans on returning before his documents expire.
  

OP's concern is if his maintained status will be invalid if he leaves Canada now, aka he will be allowed to come back to Canada given he has the previously valid documents, but would he be no longer under maintained status after 18th of Feburary, once he comes back.

I would advice youto read through the message properly before making a statement. What OP recieved in the message recieved to everyone, showing they have implied status.

If there is further information to add in accordance to this statement then, please do so.

 

[Bangoga]

This is from the canada immigration website:

If you applied for the Provincial Nominee Program via Express Entry
Who can apply
To be eligible for a BOWP, you must

• live in Canada (and intend to live outside Quebec) at the time you apply for your BOWP
  • You can leave Canada while we process your application.
  • However, if you leave Canada after your work permit expires, you can’t work until your new application is approved.
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit
• be the principal applicant on your permanent residence application
• have no employment restrictions as a condition of your nomination
• have submitted a complete applicationfor permanent residence and passed the completeness check
  • Ssubmitting a profile to the pool is not the same as applying for permanent residence.
  • Make sure you understand how Express Entry works.
• have your acknowledgement of receipt letter
  • We send this letter to your account after we get your application

 

[immigrant_kane]

I think there is a bit of a miscommunication here, OP is saying currently he has the valid documents to leave canada and come back.

• His trip is on the 7th of December 2022
• His Documents expire on 18 Feb 2023
• He plans on returning before his documents expire.

OP's concern is if his maintained status will be invalid if he leaves Canada now, aka he will be allowed to come back to Canada given he has the previously valid documents, but would he be no longer under maintained status after 18th of Feburary, once he comes back.

I would advice youto read through the message properly before making a statement. What OP recieved in the message recieved to everyone, showing they have implied status.

If there is further information to add in accordance to this statement then, please do so.

Thank you @Bangoga.


@Taran D @Naturgrl @YVR123
1. My original work-permit is valid till Feb 18th 2023.
2. My express entry profile is in Background verification stage (i.e. Medical cleared).
3. I got an AOR on Oct 4th and medical cleared status on Oct 27th 2022.
4. I applied for BOWP on Nov 19th 2022, received the letter the same day which mentions that I have been granted an extension till March 19th 2023 since I applied way in advance, I suppose people apply right before their actual work-permit is about to expire. In my case I have applied for it 3 months in advance thinking it would be better.
5. I have to travel on December 7th 2022 and I plan to be back on 25th Jan 2023.


My question is, because of that statement mentioned in the letter. I am unsure if I can leave Canada and when I'm back by Jan 25th 2023 (which is still before my original work permit expiration), will I be able to work (I think technically I will be able to work till Feb 18th 2023). What happens after that, if I leave on December 7th does my BOWP application become invalid or even my original work permit also becomes invalid?

 

[Taran D]

Thank you @Bangoga.


@Taran D @Naturgrl @YVR123
1. My original work-permit is valid till Feb 18th 2023.
2. My express entry profile is in Background verification stage (i.e. Medical cleared).
3. I got an AOR on Oct 4th and medical cleared status on Oct 27th 2022.
4. I applied for BOWP on Nov 19th 2022, received the letter the same day which mentions that I have been granted an extension till March 19th 2023 since I applied way in advance, I suppose people apply right before their actual work-permit is about to expire. In my case I have applied for it 3 months in advance thinking it would be better.
5. I have to travel on December 7th 2022 and I plan to be back on 25th Jan 2023.
6. I will be working remotely for my Canadian employer from India in Jan (2-18).

My question is, because of that statement mentioned in the letter. I am unsure if I can leave Canada and when I'm back by Jan 25th 2023 (which is still before my original work permit expiration), will I be able to work (I think technically I will be able to work till Feb 18th 2023). What happens after that, if I leave on December 7th does my BOWP application become invalid or even my original work permit also becomes invalid?

Look we are common people here who usually answers as per our experience and from day-to-day situations we come across. I think it is best to involve any experienced immigration lawyer in your case.
They will give unbiased answer, it is no use to assume anything. After all it is one's future we are discussing about.

 

[YVR123]

Thank you @Bangoga.


@Taran D @Naturgrl @YVR123
1. My original work-permit is valid till Feb 18th 2023.
2. My express entry profile is in Background verification stage (i.e. Medical cleared).
3. I got an AOR on Oct 4th and medical cleared status on Oct 27th 2022.
4. I applied for BOWP on Nov 19th 2022, received the letter the same day which mentions that I have been granted an extension till March 19th 2023 since I applied way in advance, I suppose people apply right before their actual work-permit is about to expire. In my case I have applied for it 3 months in advance thinking it would be better.
5. I have to travel on December 7th 2022 and I plan to be back on 25th Jan 2023.


My question is, because of that statement mentioned in the letter. I am unsure if I can leave Canada and when I'm back by Jan 25th 2023 (which is still before my original work permit expiration), will I be able to work (I think technically I will be able to work till Feb 18th 2023). What happens after that, if I leave on December 7th does my BOWP application become invalid or even my original work permit also becomes invalid?

I missed that you still have valid work permit. Seldom apply for extension this far ahead.

So follow the advice of an immigration lawyer. We are just some volunteers here and as you see, we may missed some details.

 

[immigrant_kane]

@YVR123 @Taran D No worries,I am just trying to get opinions and was hoping someone might have come across a query like this before and have a conclusive answer. I appreciate your response and your time.