IEC / PR App / BOWP awkward situation with travel for work

[StevieMadds]

New here! Hi all! 8)

Awkward one here and any advice very much appreciated.

My current situation -

• I am currently on an IEC, expiring Aug 21st.
  
• I have been advised that for the IEC visa, you do not get implied status after expiry even if a PR app has been submitted so I require a BOWP to continue working after Aug 21st.

I understand the above, I have not submitted my EE profile for CEC yet but will be given an ITA (have enough points).

Now the tricky part -

I need to leave Canada to do some work for my current company in Barcelona. The dates I need to leave are from mid July to mid August.
Once I get an ITA I have 60 days to submit my application.

I am wondering if anyone can answer the following questions -

1. Once I have submitted by PR application, can I still leave the country and re-enter under the terms of my IEC? or does my PR app immediately make my IEC redundant?

2. If the above is true - can I apply for, and have granted, a BOWP before I leave, re-enter under the terms of my IEC and work passed Aug 21 based on my BOWP. OR does the application and granting of a BOWP make my IEC redundant? i.e. is BOWP and extension of my IEC from the IEC expiry date, or is it a REPLACEMENT for IEC from the day the BOWP is granted?

I guess what Im trying to figure out, is there anyway that I can honour this work commitment while having a PR app in the system.

Any help appreciated.

Thanks!

 

[rezafc]

Hello there,

Your EE, or CEC application does not have anything to do with other/current applications/visas! Let's have that in mind first.

Now, for applying for BOWP you will be needing an AOR + 4 months or less on your current work permit. This means if you qualify for CEC you better get into the pool to receive your AOR as soon as possible so you can apply for your BOWP. I don't know about the timelines, either BOWP or EE. So you better check that out.

You can go back and then come back into Canada as long you have permit. Meaning you can most definitely get back to Spain and then get back here in the middle of August before your permit expires. The officer will show some concerns of course, but you will have to explain the situation. Some country residents need re-entry visa to Canada, this applies to Canadian foreign workers & students too. Doesn't matter if they have the work permit or not, they will need to apply for a re-entry to get back into Canada. I'm not sure if this applies to you or not. Again you better check that. With this being said, having a PR application ongoing will not grant you an entry. Since almost 90% off the application process can be done off shore.

This is all I can say about your questions. Stick around for more inputs from other seniors.

Buena suerte,

 

[jes_ON]

I understand the above, I have not submitted my EE profile for CEC yet but will be given an ITA (have enough points).

Yipes, why haven't you submitted yet? Time is of the essence!

I need to leave Canada to do some work for my current company in Barcelona. The dates I need to leave are from mid July to mid August.
Once I get an ITA I have 60 days to submit my application.

Once you get your ITA, I suggest having your application ready to submit ASAP, including your PCCs and all supporting documents...

I am wondering if anyone can answer the following questions -

1. Once I have submitted by PR application, can I still leave the country and re-enter under the terms of my IEC? or does my PR app immediately make my IEC redundant?

Having a PR application submitted/in process has no impact on your current status in Canada. It does not give you status or alter your existing work permit.

2. If the above is true - can I apply for, and have granted, a BOWP before I leave,

If you applied TODAY you might not receive the "AOR" before you leave (notification that your application is complete and will be put into processing). Until then, you are not eligible for a BOWP.

Another kink in your plans is the requirement that you must be IN CANADA to be eligible for the BOWP. You can leave after you get the BOWP, but you must be in Canada when you apply.


re-enter under the terms of my IEC and work passed Aug 21 based on my BOWP.

??? you would re-enter based on your IEC (if you don't have a BOWP yet), or on the BOWP if it has been issued.

OR does the application and granting of a BOWP make my IEC redundant?

Application - no. Actual permit in hand - yes, it makes the IEC redundant. The BOWP will be in effect as soon as it is issued.

I guess what Im trying to figure out, is there anyway that I can honour this work commitment while having a PR app in the system.


The problem isn't your PR application, it is your expiring work permit.

Basically, your scenario is to submit your profile. If you get an ITA in the first round, that will be early June. Submit your application right away, you can leave and come back to Canada. By then you might be able to apply for the BOWP - well, you will have to, because you have to hold a valid work permit on the date you apply for the BOWP, to be eligible. HOWEVER, processing times for the BOWP, combined with the lack of "implied status" for the IEC visa, means that your status in Canada will expire with your IEC visa, and you won't be able to work until you receive the BOWP.

Some IEC programs will allow you to apply for a second IEC (if you are still eligible), that might be an alternative to look into -

 

[StevieMadds]

This is awesomely helpful and I really appreciate it.

Best get my EE profile up and running asap then.

Thanks again!