BOWP URGENT comment needed.

[Raj85]

Hey friends,

1)I have applied for BOWP on 12th March 2014.
2) I have a closed WP with my employer till Apr 2015. The reason I applied for BOWP is because my employer is "sending me back" with NO further extension.
3) I am freaking because I don't fulfill BOWP condition of 4 months.
4) On the positive node my PR medical is day after tomorrow but my employer is not willing to extend my stay any longer after April 15th.
5)My wife is also working here and she has dependent WP on me..

I am really getting freaked out as I am not sure if my BOWP will come and will come as positive till april 15th 2014. I really need experts valuable comment on my scenario. On the edge of my PR I don't want to go back. I have a critical condition and I don't know what to do?
Can some one give me valuable suggestion and workaround on my situation??? Please Please suggest me some workaround..

 

[Maxim1251]

Hey friends,

1)I have applied for BOWP on 12th March 2014.
2) I have a closed WP with my employer till Apr 2015. The reason I applied for BOWP is because my employer is "sending me back" with NO further extension.
3) I am freaking because I don't fulfill BOWP condition of 4 months.
4) On the positive node my PR medical is already done but my employer is not willing to extend my stay any longer after April 15th.
5)My wife is also working here and she has dependent WP on me..

I am really getting freaked out as I am not sure if my BOWP will come and will come as positive till april 15th 2014. I really need experts valuable comment on my scenario. On the edge of my PR I don't want to go back. I have a critical condition and I don't know what to do?
Can some one give me valuable suggestion and workaround on my situation??? Please Please suggest me some workaround..

Most likely your request for BOWP will be denied as you don't fully qualify for OB485A. The good news that your wife WP (most likely) should have Open Spousal Work Permit and she will be able to continue work. Though you cannot work for other employer, you can stay in Canada until April 2015.

 

[lalithaditya215]

If you don't come under 4 months rule. It's dependent on VO nobody can tell you anything.

But you can opt to stay back(leaving company) till your closed work permit expires. But you cannot work. Your wife should be able to work i guess.Once you reach 4 months rule apply for open work permit. I think your work permit will not expire till end of June.

Mean while your PR will gets completed.

 

[Raj85]

Thanks for the quick reply But you know what. The BOWP I have applied only for myself. I have not applied for my wife yet for (SOWP). But yes she is here with Open WP (OPEN EA as on paper till April 2015) which is dependent on me. So will be still able to work on same WP or shall I immediately apply for her BOWP/SOWP ?
Also being on Closed WP do I have resign from my current employer so as to stay here? I may be sounding bit dumb here but I am really confused..

 

[Maxim1251]

Thanks for the quick reply But you know what. The BOWP I have applied only for myself. I have not applied for my wife yet for (SOWP). But yes she is here with Open WP (OPEN EA as on paper till April 2015) which is dependent on me. So will be still able to work on same WP or shall I immediately apply for her BOWP/SOWP ?
Also being on Closed WP do I have resign from my current employer so as to stay here? I may be sounding bit dumb here but I am really confused..

Your WP does not get revoked when you stop working for employer stated in work permit. And your employer is not interested in keeping you employed in Canada, right? So, based on work permit (and, probably, on Temporary Worker Visa, if you are not from visa exempt country) you can keep staying in Canada. However, closed work permit does not allow you to work for any other employer. As the other option, you may go back while your wife will keep working here, but I don't think that it is what you are looking for.

If I understand correctly, your wife cannot extend her work permit on her own as you are principal applicant. I.e. if she would try to do it in April 2015, she probably will be froced to get closed work permit and all related stuff (e.g. LMO)

 

[Raj85]

That's Right Maxim1251, the employer is sending me back on intra company transfer to home location.

 

[medabor]

Hey friends,

1)I have applied for BOWP on 12th March 2014.
2) I have a closed WP with my employer till Apr 2015. The reason I applied for BOWP is because my employer is "sending me back" with NO further extension.
3) I am freaking because I don't fulfill BOWP condition of 4 months.
4) On the positive node my PR medical is day after tomorrow but my employer is not willing to extend my stay any longer after April 15th.
5)My wife is also working here and she has dependent WP on me..

I am really getting freaked out as I am not sure if my BOWP will come and will come as positive till april 15th 2014. I really need experts valuable comment on my scenario. On the edge of my PR I don't want to go back. I have a critical condition and I don't know what to do?
Can some one give me valuable suggestion and workaround on my situation??? Please Please suggest me some workaround..

what do you mean by " sending you back" ?? now or after your WP expires ?? you still ve more than a year !!! if your employer is not interested in your work, you apply for other jobs !there are many employer who got LMO's in hand ! donno why you're freaking out!

 

[Raj85]

my employer is sending me back to home country as no project.

 

[medabor]

my employer is sending me back to home country as no project.

your employer can't send you back as far as i know ! your visa is good till April 2015 so even if he/she ends your contract you will still remain in Canada without the ability to work unless you get another job offer elsewhere with (LMO). Sorry I can't really understand why you are worried !
my WP expires on May/01/2014 and my employer made a mistake ( didn't apply for LMO in time ) so I applyed for BOWP and still waiting...

 

[iam_toby]

my employer is sending me back to home country as no project.

Your employer can't legally send you back. You can stay in canada as long as you hold a valid work permit.

 

[Raj85]

I am worried because the lawyer I consulted is saying if I leave company.
Then My Wife WP will get cancelled. And we both Then we have to apply for Visitor visa for both of us.

 

[Maxim1251]

I am worried because my lawyer is saying if I leave company. My/My Wife WP and visitor visa both will get cancelled. Then we have to apply for Visitor visa for both of us.

So, your lawyer says that your employer will contact CIC in order to revoke your WP and visitor visa? Is he absolutely sure that employer have such power?

 

[lalithaditya215]

Not required. You can stay till your work permit expires. You can inquire with CIC to boost your confidence and to confirm you are not doing wrong.

 

[iam_toby]

Not required. You can stay till your work permit expires. You can inquire with CIC to boost your confidence and to confirm you are not doing wrong.

Second that.

 

[maplelove]

I am worried because the lawyer I consulted is saying if I leave company.
Then My Wife WP will get cancelled. And we both Then we have to apply for Visitor visa for both of us.

How come there are such moron lawyers? Forgive my harsh words.
You can stay in Canada until April 2015 and your wife still legally has her open work permit valid til then.
All the best.