Just about to apply CEC, question about bridging working permit

[taizichen0]

My cousin is currently working under post graduated work permit, this work permit is about to expire in Dec 04, 2014. He just about apply CEC next week, however, according to the regular processing time, he wont be able to get AOR before the work permit expired, is there anyway for him bridging his work permit during this time gap? Please help! Thx!

 

[canadacec123]

My cousin is currently working under post graduated work permit, this work permit is about to expire in Dec 04, 2014. He just about apply CEC next week, however, according to the regular processing time, he wont be able to get AOR before the work permit expired, is there anyway for him bridging his work permit during this time gap? Please help! Thx!

He cannot apply for the BOWP without AOR. Only way to extend his work permit is through the LMIA.

 

[taizichen0]

He cannot apply for the BOWP without AOR. Only way to extend his work permit is through the LMIA.

Thanks for replying! I just find some info about LMIA, the way the CIC site describing it is very confusing to me, I have some more questions about it,
1. according to CIC, "A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada must usually get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter." for my Cousin, he is already work for his current employer for more than 1 year under his post graduate work permit. How could the employer apply LMIA after he already hired him?

2. Say if his boss could re-hire him. The current LMIA program require the employer to advertise the position for more than 1 month, by the time he get LMIA, I assume it would definitely pass the current work permit expire date. Would it be a problem for him after the time of work permit expires and before the LMIA is approved?

Please help! thanks a lot!

 

[scylla]

Yes - an employer can certainly apply for an LMIA for someone who is already working for them. This happens all of the time since LMIAs are required to extend work permits.

Yes - the employer will have to advertise the job for a month before applying for the LMIA. The employer will also need to pay a $1K processing fee. Processing times for the LMIA can be anywhere from 6 to more than 16 weeks (most seem to be taking a few months these days).

Unless you have applied for a new work permit before your old work permit expires - you'll have to stop working as soon as your work permit expires.

 

[taizichen0]

Yes - an employer can certainly apply for an LMIA for someone who is already working for them. This happens all of the time since LMIAs are required to extend work permits.

Yes - the employer will have to advertise the job for a month before applying for the LMIA. The employer will also need to pay a $1K processing fee. Processing times for the LMIA can be anywhere from 6 to more than 16 weeks (most seem to be taking a few months these days).

Unless you have applied for a new work permit before your old work permit expires - you'll have to stop working as soon as your work permit expires.

Thank you so much for the reply, under his circumstances, after his current PGWP expired, is he eligible to apply for the new work permit?

 

[jes_ON]

Thank you so much for the reply, under his circumstances, after his current PGWP expired, is he eligible to apply for the new work permit?

First, if he is applying for permanent residence, he wants to avoid staying in Canada without authorization (without a valid work or visitors permit). Overstaying is grounds for refusal, so you want to avoid letting the permit expire.

HOWEVER - after a permit expires, there is also 90-day "grace period," during which he can apply to "restore" status (extra fee, $$$) along with applying for a new work permit (or visitors permit). This may be an option if his employer does apply for an LMIA, but has to wait during processing. The downside is that (a) he cannot work after his permit expires, and has to wait until he gets a new permit to resume working. Also, if he waits for the LMIA and goes out of status, and the LMIA is then refused, his options are very limited.

Third - Some people have tried this and succeeded, but I'm not necessarily recommending this, it is a gamble - After applying for the CEC program, he can submit the BOWP application on paper, which takes longer to process than submitting the application electronically. As long as the application is submitted BEFORE the old permit expires, he will be on "implied status," meaning he is authorized to continue working until he receives a response to the work permit application. Because the paper version takes longer to process, sometimes the AOR for the CEC application is ready by the time that CIC starts to process the BOWP application. Sometimes this works, sometimes it doesn't - and it seems that AOR processing times are getting a bit longer, so it may be less likely to work in the future. And if he gets a refusal, then he is out of status (and the 90 day grace period starts...)

 

[taizichen0]

First, if he is applying for permanent residence, he wants to avoid staying in Canada without authorization (without a valid work or visitors permit). Overstaying is grounds for refusal, so you want to avoid letting the permit expire.

HOWEVER - after a permit expires, there is also 90-day "grace period," during which he can apply to "restore" status (extra fee, $$$) along with applying for a new work permit (or visitors permit). This may be an option if his employer does apply for an LMIA, but has to wait during processing. The downside is that (a) he cannot work after his permit expires, and has to wait until he gets a new permit to resume working. Also, if he waits for the LMIA and goes out of status, and the LMIA is then refused, his options are very limited.

Third - Some people have tried this and succeeded, but I'm not necessarily recommending this, it is a gamble - After applying for the CEC program, he can submit the BOWP application on paper, which takes longer to process than submitting the application electronically. As long as the application is submitted BEFORE the old permit expires, he will be on "implied status," meaning he is authorized to continue working until he receives a response to the work permit application. Because the paper version takes longer to process, sometimes the AOR for the CEC application is ready by the time that CIC starts to process the BOWP application. Sometimes this works, sometimes it doesn't - and it seems that AOR processing times are getting a bit longer, so it may be less likely to work in the future. And if he gets a refusal, then he is out of status (and the 90 day grace period starts...)

Really appreciate your advise, It clears our mind for current situation. lets say if he gets a refusal after he apply for the BOWP, during the 90 days grace period, is he still eligible to apply for the visitor visa, which allow him stay in Canada but not working?

 

[taizichen0]

First, if he is applying for permanent residence, he wants to avoid staying in Canada without authorization (without a valid work or visitors permit). Overstaying is grounds for refusal, so you want to avoid letting the permit expire.

HOWEVER - after a permit expires, there is also 90-day "grace period," during which he can apply to "restore" status (extra fee, $$$) along with applying for a new work permit (or visitors permit). This may be an option if his employer does apply for an LMIA, but has to wait during processing. The downside is that (a) he cannot work after his permit expires, and has to wait until he gets a new permit to resume working. Also, if he waits for the LMIA and goes out of status, and the LMIA is then refused, his options are very limited.

Third - Some people have tried this and succeeded, but I'm not necessarily recommending this, it is a gamble - After applying for the CEC program, he can submit the BOWP application on paper, which takes longer to process than submitting the application electronically. As long as the application is submitted BEFORE the old permit expires, he will be on "implied status," meaning he is authorized to continue working until he receives a response to the work permit application. Because the paper version takes longer to process, sometimes the AOR for the CEC application is ready by the time that CIC starts to process the BOWP application. Sometimes this works, sometimes it doesn't - and it seems that AOR processing times are getting a bit longer, so it may be less likely to work in the future. And if he gets a refusal, then he is out of status (and the 90 day grace period starts...)

forgot to mention, if he apply for the BOWP and visitor permit around the same time, is it a viable option for him?

 

[arowberry]

I applied for the BOWP by mail without my AOR. I got the BOWP. I sent this information to someone else who wanted to try yesterday. taizichen0's cousin may struggle to get the BOWP as it is currently taking 70-80 days for an AOR and about 60 for the BOWP. Best of luck, hopefully the information below will help.




Bridging Open Work Permit applications take about 60 days to process when received by mail. They take around 19 days when submitted online. Applying by mail will give you a better chance of having your AOR by the time they see your BOWP application. Obviously these processing times are approximate and can change.



You will need:
(1) Form IMM5710E.
(2) Full passport copy, e.g. photocopy every page of your passport.
(3) Receipt for payment (you can pay online).
(4) Letter of Explanation.

In theory, you need passport photos as well, although this seems to be only an online requirement. My application was fine without them.



Some common questions about IMM5710E:

Q: 'I am applying for one or more of the following', which should I choose?
A: Choose one of 'A work permit with the same employer' and 'An initial work permit or a work permit with a new employer'. It doesn't matter which, you just need one of them to be able to validate the form. Once you have printed the form, check the other one as well.

Q: 'If applicable, provide the document number of the most recent Visitor Record, Study Permit, Work Permit or Temporary Resident Permit issued to you.'
A: My number began with a 'U' and is on the top right of the permit. There is main code boxed, but the printed U number just below. This may vary for an LMO permit, but I doubt it.

Q: I want an open permit, what employment info should I include?
A: On the 'Details of Intended Work in Canada' section, answer 1a with 'Open Work Permit'. Leave blank questions 2 - 7; as your requested permit is open, employment doesn't matter. Make sure to answer question 8 though.



How do I pay for the permit?

Go to http://www.cic.gc.ca/english/information/fees/index.asp Select 'Temporary Residence', then 'Work Permit (including extensions)'. On the next screen follow the instructions for 'You can only use this option if submitting a paper application.'.



Letter of Explanation:

Adjust the letter somewhat, but it should be something like:

Client ID: XXXX XXXX
Date: November 07, 2014

Citizenship & Immigration – Work Permit
CPC – Vegreville
6212 55th Avenue – Unit 202
Vegreville, Alberta, T9C 1X6

Re: Application for Bridging Open Work Permit


Dear Sir/Madam,

Please find enclosed my application for a Bridging Open Work Permit (BOWP).
My current closed work permit is due to expire November 17, 2014. By submitting this application, I understand that I will be on implied status until a decision is made.
I submitted an application for Permanent Residency (PR) under the Canadian Experience Class (CEC) on XXXX XX, 2014. At the date of this application, I have not yet received the Acknowledgement of Receipt, however I expect to receive this in the near future.
As I do not currently have my AoR, I kindly ask that at the time of processing my application for the BOWP, that you check my CEC application status and AoR under my Client ID XXXX-XXXX, or contact me to request a copy of the AoR.

Thank you for your consideration,
Sincerely,
Jimmy Cricket



Send to:

CPC Vegreville
Work Permit
6212-55th Avenue – Unit 555
Vegreville, AB
T9C 1X6

Don't fold any of the paperwork. Use recorded mail.



Links:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5710E.pdf
http://www.cic.gc.ca/english/information/offices/canada/vegreville.asp
http://www.cic.gc.ca/english/information/fees/index.asp

 

[taizichen0]

I applied for the BOWP by mail without my AOR. I got the BOWP. I sent this information to someone else who wanted to try yesterday. taizichen0's cousin may struggle to get the BOWP as it is currently taking 70-80 days for an AOR and about 60 for the BOWP. Best of luck, hopefully the information below will help...

really appreciate your reply, it helps a lot!

 

[mesumrizvi]

I was in exact same situation so don't worry it will work out. Just apply for paper based BOWP and write them a letter saying you have already applied for CEC, attach as much proofs if you can.

When I applied for BOWP, I included all my pay stubs as well as my pay order for CEC application plus the courier print that CEC application was delivered on that particular date. It did take over 60 days but earlier this week I got my BOWP. Go the paper based application route and it should work out like it has for many of us.

Until U get BOWP, you can work on implied status and your employer shouldn't have an issue with that. Instead, I recommend you don't share it with your emp

 

[Mutenye]

I followed arrowberry's advice 6 months ago and got mine too. Paper is the way to go.