BOWP when closed permit does NOT expire in 4 months

[Alex777]

Dears,

I have the following situation
- have applied for PR under CEC
- working on a closed WP after inter-company transfer (w/o LMO)
- my closed permit expires in 1 year but the employer will fire me in 3 months

Can I apply for BOWP? If yes, how can I prove that my closed WP de-facto expires in 3 months?

Thanks a lot for you help!

 

[rezafc]

Dears,

I have the following situation
- have applied for PR under CEC
- working on a closed WP after inter-company transfer (w/o LMO)
- my closed permit expires in 1 year but the employer will fire me in 3 months

Can I apply for BOWP? If yes, how can I prove that my closed WP de-facto expires in 3 months?

Thanks a lot for you help!

You can apply for BOWP when you have 4 months or less on your current work permit. If you are eligible you don't have to worry about proving anything to CIC. They have access to all your information, including your visas and permits.

Best of luck,

 

[Angel1981]

Dears,

I have the following situation
- have applied for PR under CEC
- working on a closed WP after inter-company transfer (w/o LMO)
- my closed permit expires in 1 year but the employer will fire me in 3 months

Can I apply for BOWP? If yes, how can I prove that my closed WP de-facto expires in 3 months?

Thanks a lot for you help!

One of the requirements for BOWP eligibility is that the existing WP is due to expire within the next four months. But I read a few postings that claim that BOWP was issued even when the WP expiry is due beyond the required 4 months.

I suggest you take the chances and apply for BOWP with an explanation letter and hope for the best.

 

[rezafc]

One of the requirements for BOWP eligibility is that the existing WP is due to expire within the next four months. But I read a few postings that claim that BOWP was issued even when the WP expiry is due beyond the required 4 months.

I suggest you take the chances and apply for BOWP with an explanation letter and hope for the best.

Why do you direct him to go down a road that we're almost pretty sure has a dead end? Would you guarantee that he will be successful? From what he is saying he will be fired in 3 months (the term fired is in the wrong context here, people get fired on spot or they get a notice for couple of weeks, not 3 months!), so either his contract will finish or he will need to change jobs. In three months people build empires, he can easily get another LMO and another closed work permit!

Best is he puts up with what he has and then if he has 4 months left he can apply for BOWP. It seems to me some people want to take the easy way out, we have all worked for the wrong companies, we have all suffered through, this does not mean that you can simply 'take your chances' and ignore the rules!

That's all I had to say,

Best of luck,

 

[LPS]

^ It is true that some people have reported getting around the four-month rule. Certainly far fewer of them since OB485-A (September 2013), which gave greater emphasis to the four-month rule.

Still, be aware that "trying your luck" and applying for a BOWP anyway is unlikely to work, and you should have a plan "B".

 

[krom2424]

Dears,

I have the following situation
- have applied for PR under CEC
- working on a closed WP after inter-company transfer (w/o LMO)
- my closed permit expires in 1 year but the employer will fire me in 3 months

Can I apply for BOWP? If yes, how can I prove that my closed WP de-facto expires in 3 months?

Thanks a lot for you help!

it is better to apply for new LMIA . Don't try your luck to apply for bowp . I did it and they refused because my current wp doesn't expire in 4 months

 

[Alex777]

Thank you, guys!

But does not the fact that my contract ends in 3 months assume that my closed WP expires too? Since it's CLOSED, I would not be able to use it with a new employer anyway - so, de-facto, it has expired?

Or is there a way to ask my current employer to write to CIC and for early cancellation of my closed WP?

 

[kkrr]

Thank you, guys!

But does not the fact that my contract ends in 3 months assume that my closed WP expires too? Since it's CLOSED, I would not be able to use it with a new employer anyway - so, de-facto, it has expired?

Or is there a way to ask my current employer to write to CIC and for early cancellation of my closed WP?

Hi bro.. I'm sure that your employer will not write anything to CIC even though no use... and your understanding is wrong about closed WP .
Also there is very less chance to get LMO but depends on your job role... you have only 2 options.... 1) apply for BOWP ( just a trail, 95 % you won't get it though few people got it but they might near to that condition inspite of satisfing ..) 2) go back to your country, come back before 4 months of your WP expires then apply for BOWP .... you can come back to Canada without job until your VISA expires..

 

[MenicMonday]

^What if CBSA asks him why he was away for quite some time, and if he's still with the company on the WP?

 

[kkrr]

^What if CBSA asks him why he was away for quite some time, and if he's still with the company on the WP?

It's looooooooong vacation.. Probably he can call CIC to get confirmation..

 

[ZingyDNA]

Thank you, guys!

But does not the fact that my contract ends in 3 months assume that my closed WP expires too? Since it's CLOSED, I would not be able to use it with a new employer anyway - so, de-facto, it has expired?

Or is there a way to ask my current employer to write to CIC and for early cancellation of my closed WP?

Well... You could be re-instated in your position, so the closed WP could still be used, right? Also even w/o the job, the WP still grants you legal status until you find a new job with a new LMIA/WP.

You can still try your luck with the BOWP. Make sure to include a cover letter to explain you are leaving your current position. It would be best to have a new job offer so you can also say a BOWP would help you to work in the new job. You don't have anything to lose if you try, other than 150 bucks...

 

[LPS]

But does not the fact that my contract ends in 3 months assume that my closed WP expires too? Since it's CLOSED, I would not be able to use it with a new employer anyway - so, de-facto, it has expired?

The BOWP wasn't really designed to help temporary foreign workers to change employers, or even to prevent all situations where a PR applicant may have to return home to await the outcome of his/her application (though these can be nice side effects).

The idea was basically to spare employers having to renew an employee's LMIA - and the government agency from having to issue it - when (a) it was likely to come back positive and (b) the employee was likely to remain as a PR anyway.

So the "de facto expiry" argument may not be a strong one - still, it may be worth trying your luck with a job offer...

 

[Alex777]

Thank you, guys!

So just to finally confirm - is there any way at all to arrange early termination of closed WP? Have you seen situations like this?

On a side note, how long does it typically take to get an LMO if I am lucky to get a new jpb offer?