BOWP URGENT comment needed.

[Raj85]

I really don't know why the lawyer gave me the shock.
Thanks a lot experts in this forum for clarification.

 

[nov1061]

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.

Change your lawyer immediately.

 

[Raj85]

As expected bowp is rejected.
I understood the 4 month thing, Though not able to understand "positive eligibility decision". what it means exactly?

"You have not provided evidence that you have received a positive eligibility decision on your
Permanent Resident application.
You do not have a work permit that was due to expire within 4 months of the date you submitted
your application.
Your status in Canada is valid until April 6th, 2015."

Also, I have applied for visitor visa as recommended by the CIC call centre rep, just to keep a status in Canada.

 

[gladaki]

I really don't know why the lawyer gave me the shock.
Thanks a lot experts in this forum for clarification.

I hate these lawyers. He work permit wont be cancelled. Let senior reply

 

[canada.msn]

I hate these lawyers. He work permit wont be cancelled. Let senior reply

Hi Raj... Pls change your lawyer immediately...

You should be good to stay in Canada till the time you have a Work Permit which is valid. As regards cancellation (mentioned by your lawyer) - once a WP is approved, it cannot be cancelled. your employer can inform CIC that you are not working for them anymore, but you can still legally stay in Canada but you cannot work unless you have another permit or you get your PR. Your wifes permit will still be valid and she can legally work as long as she meet the conditions on her open WP.

All the best and good luck with your PR.

 

[jes_ON]

Your status in Canada is valid until April 6th, 2015."

Also, I have applied for visitor visa as recommended by the CIC call centre rep, just to keep a status in Canada.

Can you be more specific about what you applied for, a visitor's permit or a temporary resident visa (for travel - entry into canada?) They are different.

You do NOT need a visitors permit, since your work permit authorizes you to reside in Canada until April 6, 2015. Since your wife's SOWP is based on your work permit, you should NOT change it, since then your wife might have problems with her work permit.

But if you applied for a TRV, it's not a problem. But you only need the TRV if you leave Canada and return (to board the flight).
http://www.cic.gc.ca/english/information/applications/visa.asp

 

[LPS]

As expected bowp is rejected.
I understood the 4 month thing, Though not able to understand "positive eligibility decision". what it means exactly?

"You have not provided evidence that you have received a positive eligibility decision on your
Permanent Resident application.
You do not have a work permit that was due to expire within 4 months of the date you submitted
your application.
Your status in Canada is valid until April 6th, 2015."

Also, I have applied for visitor visa as recommended by the CIC call centre rep, just to keep a status in Canada.

For CEC, a 'positive eligibility decision' is basically your AOR (see Operational Bulletin 485A for the full explanation). You must have received an AOR at some point if you are already doing medicals.

While the refusal letter is incorrect to say you don't have a positive eligibility decision, the four-month condition still hasn't been met, and that's enough by itself to make your case ineligible.

It looks like the VO has refused your application using a template without deleting the irrelevant details first. A few people have received refusal letters like this, citing two reasons where only one or the other was correct.

 

[Matt the Aussie]

As LPS said, CIC uses templates - which makes sense because official responses or decisions should be uniform. However, when working from templates there is a chance you do not delete all the irrelevant information.

 

[Raj85]

Thanks forums leads.

~jes_ON
I have resigned from the firm as they were determined to send me out of Canada.
So my current Intra company transfer (closed) WP will expire and same for my wife (dependent OWP) as I understood from CIC call centre rep discussion.

I checked the online form IMM5708E which I submitted for myself and wife. I selected the extension of my temporary resident status option. Is it the one you mentioned ~jes_ON ?

~Thanks LPS and Matt the Aussie for clarification for positive eligibility decision.

~Thanks canada.msn and gladaki