CEC Invited - PGWP Expired - BOWP Possible?

[jackielouruiz]

Hi,

I need help for a friend. Is there a way for an expired PWGP Holder (Now on valid tourist visa) to apply for a BOWP? They've already been invited for PR last Jan 2023

Thank you

 

[scylla]

Hi,

I need help for a friend. Is there a way for an expired PWGP Holder (Now on valid tourist visa) to apply for a BOWP? They've already been invited for PR last Jan 2023

Thank you

Unfortunately no. You must hold a valid work permit at the time the BOWP application is submitted. So your friend does not qualify.

 

[jackielouruiz]

Unfortunately no. You must hold a valid work permit at the time the BOWP application is submitted. So your friend does not qualify.

They might be qualifed for International Mobility Program under Humanitarian exemption, right?
Humanitarian reasons [R208 – H81 and H82] – International Mobility Program - Canada.ca

 

[scylla]

They might be qualifed for International Mobility Program under Humanitarian exemption, right?
Humanitarian reasons [R208 – H81 and H82] – International Mobility Program - Canada.ca

No, this is for TRP holders. They don't hold a TRP. They have a simple visitor record / TRV. TRPs are special permits for people who are otherwise inadmissible to Canada, typically due to a crime.

 

[jackielouruiz]

Oof it says you can apply for TRPs if you overstayed, i guess she shouldve just applied TRP instead of Tourist visa lol. Do you know if you can apply TRP at this point with that circumstance?

If not, Is there other options aside from LMIA-Work Permit?

 

[scylla]

Oof it says you can apply for TRPs if you overstayed, i guess she shouldve just applied TRP instead of Tourist visa lol. Do you know if you can apply TRP at this point with that circumstance?

If not, Is there other options aside from LMIA-Work Permit?

No, the TRP would not have been a good option. It would have been a very very bad option. Applying for the TRP would really only be possible if your friend was out of status in Canada. TRPs take around 1.5 years to process these days so it means your friend would be out of status in Canada for a very long time and this would have almost certainly created very big issues for the PR application. So for many reasons, the TRP would not have worked. Applying for a TRP now isn't possible and doesn't make any sense. If you apply, IRCC will say you don't need one (plus you probably won't have a result for close to two years).

There are situations where a person can qualify for an LMIA-exempt closed work permit tied to their specific employer if their job is LMIA exempt. These situations are pretty limited. You'll need to research what's possible for you based on your occupation / employer.

 

[ch5am]

Unfortunately no. You must hold a valid work permit at the time the BOWP application is submitted. So your friend does not qualify.

This is wrong. https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

You are eligible if:

• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit

Although in this case, they may be disqualified since they have not maintained a status as a worker.

 

[jackielouruiz]

This is wrong. https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

You are eligible if:

• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit

Although in this case, they may be disqualified since they have not maintained a status as a worker.

Yeah this tripped me too but i think they need you to be in MAINTAINED STATUS as a worker not as a tourist. In this case it is maintained status as a tourist

 

[jackielouruiz]

No, the TRP would not have been a good option. It would have been a very very bad option. Applying for the TRP would really only be possible if your friend was out of status in Canada. TRPs take around 1.5 years to process these days so it means your friend would be out of status in Canada for a very long time and this would have almost certainly created very big issues for the PR application. So for many reasons, the TRP would not have worked. Applying for a TRP now isn't possible and doesn't make any sense. If you apply, IRCC will say you don't need one (plus you probably won't have a result for close to two years).

There are situations where a person can qualify for an LMIA-exempt closed work permit tied to their specific employer if their job is LMIA exempt. These situations are pretty limited. You'll need to research what's possible for you based on your occupation / employer.

We were thinking to risk and go to the border for this, i got my PGWP at the same border before COVID so I thought of it as a possibility. I mean, if the intent was to get the permit to be eligible for an LMIA exempt work permit through the international mobility program humanitarian then they solve a labour shortage but that's my perspective as I work with employment services lol

 

[ch5am]

Yeah this tripped me too but i think they need you to be in MAINTAINED STATUS as a worker not as a tourist. In this case it is maintained status as a tourist

Do they have a TRV or a visitor record?

If they are on a TRV alone, I dont think that lets you stay in the country? I suggest talking to an immigration lawyer for this case.
IF they are on a Visitor Record, then according to the conditions, they may not meet the eligibility for a BOWP.
IF they are on a TRV, they may be in the restoration period, so may qualify for a BOWP.

Again, consult a lawyer!