BOWP - What to show a new employer

[elzbieta1986]

Hey all!

So, my situation is, I've applied for PR through CEC and it's been accepted as complete and is now being processed. I applied for my BOWP and my immigration lawyer has explained to me that I don't get anything on paper that proves my current status. While this has been fine for now as I am still working for the same employer (my IEC visa expired a few weeks ago), I am planning to move to Vancouver in July.


My question is, has anyone applied for a new job whilst on a BOWP and what did you show to a new employer? Did they even ask you for anything?

 

[LPS]

If you applied for BOWP weeks ago, it must be due quite soon...

Your current employer would have (or at least should have) asked you before your IEC expired for an update on your work status. As you noted, CIC does not provide any proof of implied status, so you would probably give them a copy of your BOWP application package and proof that you submitted it on time (an online confirmation, a Canada Post tracking thing, etc).

Employers may not be eager to hire someone during implied status, due to the uncertainty of it, but (as far as I can tell) they technically can hire you, as it was an open work permit, and therefore the implied status would likewise be open.

 

[LPS]

Also, when your new employer sees that your SIN starts with 9, they then MUST see your permit and verify that it has not expired. So this may preclude you from actually starting new employment during implied status?

http://www.servicecanada.gc.ca/eng/sin/employers/expiry.shtml

 

[LPS]

To answer your question, ;D once the BOWP arrives in the mail, that obviously that is the work permit that you show your new employer.

 

[cee12345]

If you applied for BOWP weeks ago, it must be due quite soon...

Your current employer would have (or at least should have) asked you before your IEC expired for an update on your work status. As you noted, CIC does not provide any proof of implied status, so you would probably give them a copy of your BOWP application package and proof that you submitted it on time (an online confirmation, a Canada Post tracking thing, etc).

Employers may not be eager to hire someone during implied status, due to the uncertainty of it, but (as far as I can tell) they technically can hire you, as it was an open work permit, and therefore the implied status would likewise be open.

Partly incorrect. While your BOWP application is on process and your work permit has expired you are technically on "implied status" and can continue to work with your current employer with the same term as per your expired WP until a decision has been made.
You can't work for another company or change your job with the same employer until you receive an approval on your BOWP.

So, in short, you can continue to work as per the terms on your expired permit on Implied Status. You can ONLY be able to change company or job once you get your new Open Work Permit (BOWP).

 

[LPS]

Well, I did correct myself in the next post

 

[cee12345]

Employers may not be eager to hire someone during implied status, due to the uncertainty of it, but (as far as I can tell) they technically can hire you, as it was an open work permit, and therefore the implied status would likewise be open.

Being on Implied Status does not make you a holder of an OPEN WORK PERMIT until your application has been approved.
So technically, they CANNOT hire him until he gets an approval.

 

[jes_ON]

Being on Implied Status does not make you a holder of an OPEN WORK PERMIT until your application has been approved.
So technically, they CANNOT hire him until he gets an approval.

Implied status means that the conditions of the original work permit continue to be in effect... if it was originally an open work permit, then it is still open on implied status.

I'm more concerned about the original permit being an IEC permit, there are some indications that since IECs cannot be extended, that no implied status exists for holders of IEC permits.

In any case, the BOWP should be received long before it becomes an issue...

 

[LPS]

If a new employer is obliged to see your permit and confirm that it is not expired, then this does seem to preclude changing employers during implied status. Cee12345, you can stop brushing the dust off my original post.

There's probably no issue getting a job offer during implied status, contingent upon the new permit, of course.

I'm more concerned about the original permit being an IEC permit, there are some indications that since IECs cannot be extended, that no implied status exists for holders of IEC permits.

The principle is that there's no implied status if your application was made without legitimate grounds. Applying to extend an IEC would be an example of this. You can't just submit a frivolous application that you know will fail as a manoeuvre to keep working a few more weeks. But an application for a BOWP is an application for a new permit, and provided you're eligible, there should be no problem with implied status (or at least I hope not, otherwise I screwed up).

 

[jes_ON]

The principle is that there's no implied status if your application was made without legitimate grounds. Applying to extend an IEC would be an example of this. You can't just submit a frivolous application that you know will fail as a manoeuvre to keep working a few more weeks. But an application for a BOWP is an application for a new permit, and provided you're eligible, there should be no problem with implied status (or at least I hope not, otherwise I screwed up).

I've only found discussions on this, no clear guidance, I hope you are right too!