Bridging Open Work Permit for an FSW file that was returned

[silmarilli103]

Hi all,

My partner and I applied for FSW NOC 2173 in August 2014, both of us have valid job offers in reputed MNCs in Calgary. CIC deducted our application fees from our credit card in early November 2014 and we received our file number in mid December 2014. We thought everything looked good, and we would soon have our medical request! However, in the first week of January our file was returned with a letter dated November 21st that we had a wrong NOC code. Despite being as careful as we were while filling out our application, we didn't realize that we submitted a Schedule 11 for Federal Skilled Traders instead of Schedule 3 for Federal Skilled Workers (hence, the NOC didn't match)- it was a human error and we take full responsibility of our mistake. However, CIC took 1.5 months to return this file while we were in Canada? Seems a bit unfair that the file reached us in January - when the new Express Entry was in effect. And how can they issue a file number AFTER they've decided the file in incomplete? We were kept in the dark about our file being returned all along and in all my many emails to CIC in November and December. We consulted many lawyers, created an Express Entry profile instantly and even sent our file back to CIC Sydney, with a detailed cover letter explaining the error and attaching the new Schedule 3 for FSW - however, this file was returned back to us within a week with a letter saying we could ONLY apply though Express Entry now. Funny enough, we can access our file online and it still shows 'in process'. Our current PGWP expire end of April. When we resent our file the second time (in February), we applied for an online extension of our permit based on our old file number and the fact that our status still shows 'in process' online. However, our file was returned again and we are not sure where we stand - current processing times are 53 business days for an online application and we don't expect to hear from CIC until the first week of April - this is frustrating and ridiculous with their backlogs considering permits and visas never took more than 15 days in 2014.

Both our employers, as much as they like us, will be unable to give us LMIAs since they have thousands of employees and it is difficult to prove why they can't hire a Canadian. Having said this, our current Express Entry score is in the 480s and my partner is yet to give his IELTS/CELPIP - no dates until may however. Due to the time we lost in our first FSW application, we are now eligible for FSW and CEC under the new express entry. As much as we would like to wait for the scores to come down, we are running out of time and our employers cannot loose us. We have contacted our MP for support and explained how CIC deliberately delayed sending our file looking at timelines and we were under the notion we were ok as we had a file number - but there has been no response from her. We live in Calgary and Alberta PNP is not an option as everyone is very well aware of.

We have done everything we could and are hoping our work permit application comes through or we will have to file a paper based work permit to buy more time and hope the scores come down. CIC has been extremely unfair to our case, and as much as we do not demand permanent residency, I think CIC could have done a better job with their communication. We are two very highly qualified individuals in reputed jobs that we earned and applied for - one would think we deserve permanent residency based on our qualifications, job skills, eligibility scores and the fact we've been living here for years, paying high tax $$ and contributing to the economy.

Has anyone had their work permits approved AFTER their file was returned?

 

[silmarilli103]

Has nobody within Canada faced this situation?

 

[springchicken]

sorry to hear we also had to resubmit it just in time. I think BOWP is just based on approved aor - if it is returned, i am not sure if this still holds. Have you tried calling the CIC call center?

Have you looked at PNP, and other options as well just to increase your chances also. Good luck.

 

[springchicken]

anyone else know??

 

[scylla]

Unfortunately it sounds like your options are pretty limited. The BOWP isn't going to be approved if your FSW file was returned. Unfortunately you MP can't do anything to change this (MPs can't overrule CIC rules - they don't have that kind of power).

If your employers aren't willing / able to go through the LMIA process, then I suppose your only option is to apply to extend your work permit to give you more time in Canada. Obviously this application will eventually be refused without an LMIA - at which point you can try to restore your status and change your status to visitor (although you'll have to stop working).

 

[silmarilli103]

Thanks guys! PNP is not an option - we live in Alberta where an AINP has a 24 month processing time, also, the Alberta is not particpating in the Express Entry - so a PNP from here is essentially useless for federal PR. This was the main reason we filed for FSW last year.

We received our file number in mid December before our file was returned and our file still shows 'in process' online - will this make a difference for BOWP? The CIC call centre agents have no information and are not equipped to answer these queries - they have a standard auto response, 'Express Entry and find an employer who can give you an LMIA'. I want to appeal against CIC's lack of communication and delay..My MP's assistant is looking into it but they have limited information in general.

Sending in a paper based work permit application is our worst case scenario back up right now to buy more time while we wait

 

[scylla]

I want to appeal against CIC's lack of communication and delay..My MP's assistant is looking into it but they have limited information in general.

I'm really sorry - but there is nothing to appeal. Appeals are for when your application was incorrectly refused. Your application was correctly refused and returned to you due to having an incorrect NOC. I would forget the appeal route and look at other avenues.

Good luck - hope something works out.