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Please Help- Open Work Permit Restoration Status While Waiting for PR

Discussion in 'Canadian Experience Class' started by qw19367, Nov 6, 2018.

  1. #1 qw19367, Nov 6, 2018 at 1:24 PM
    Last edited: Nov 6, 2018
    Hi Everyone,

    I am in such a hard situation now and seeking for your advice/ suggestions. I finished and submitted my application for PR in August, 2018 through an agency. They received an acknowledgment letter of receipt from CIRR stated clearly that while waiting for PR, if your status expired you can applied for a Bridging Open Work Permit. My agency has never informed me about this information until I found out later....As the result, I was late for two days to turn in my online application for an Open Work Permit. So I paid $200 restoration fee for CIC, however, I only attached the acknowledgment letter of receipt but not the letter of explanation (explain why I was late for two days). So now I couldn't go to work until I receive my work permit :(

    My employer was very kind and they supported me all the way through... by giving me a letter stating that they agreed to maintain my job offer (contract) and treated this incident as a temporary leave for me. Upon receiving my PR/or Open Work Permit, I can go back to work.

    I am worry that because I am now out of status, and on a temporary leave from work- how would it impact my PR process? Also, how should I notify/inform CIRR about the situation (my friends suggested not to do so, as I was not terminated or lost my job offer) and it might slow down the PR process. I heard that restoration of status could take up to 4-6 months :(....and if they refuse my BOWP, or OWP, what other options that I might have?

    Have anyone been in my situation before? Could you please share your thoughts and tips? I truly appreciate your helps!!!

    Good luck to all of you out there- this is indeed not an easy process....
     
  2. You should definitely be expecting the BOWP to be refused since you can only qualify for a BOWP when you are holding a valid work permit. Since you applied for the BOWP after your work permit expired, the BOWP is going to be refused.

    If you applied for PR through CEC, being out of work is not going to impact your application.

    When you applied to restore your status you should have applied to change your status to visitor (since the BOWP is going to be refused). Not sure what's going to happen in you case...
     
  3. Thank you for the advice... I think so too :( but I will keep you posted on my case... I am not too sure what to do now. Should I reapply for a visitor status or study permit so that I can legally stay if they refuse?
     
  4. You have been out of status since your work permit expired... Your BOWP application will be refused... so yes, I would suggest applying again for restoration + change to visitor status, if you want to remain in Canada while your PR application is in process.

    Glad to hear you have a supportive employer. All too often, we hear the opposite.
     
  5. Can I apply for restoration of status and Open Work Permit extension instead of a BOWP, so that I can continue working while waiting for PR?
     
  6. On what grounds would you be eligible for an open work permit? Do you have a spouse with temporary resident status?
     
  7. Hi

    Can anyone tell me how to apply bridging visa And required documents ?Am I allowed to work if my open work has been expired but I have applied for bridging visa?

    Thanks
     
  8. No, I was international student with post graduation work permit :( so I am unsure what to apply now so that I can go to work legally...
     
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  10. First, attend to restoring your status, or else your PR application will be in jeopardy. You have 90 days from the date your work permit expired. I don't know how much time you have left, but you could wait and see if the VO makes an error in your favour. But if you are getting close to the 90-day mark, submit your application to restore along with an application to change to visitor status.

    Second, to work you are in the same boat as everyone else. You have to explore the options. Your employer can apply for an LMIA that would then allow you to apply for a TWP (all that takes time, of course, your PR application might be decided by then). If you happen to be from the USA, you could see if you are in a NAFTA-exempt occupation. You could see if you are eligible for an IEC permit.
     
    scylla likes this.
  11. As jes_ON has said, you do not qualify for a BOWP or an OWP. Your only option is to apply for a closed work permit. To qualify for a closed work permit, your employer needs to obtain an approved LMIA (unless you are a US passport holder and your job qualifies under NAFTA). If you aren't a US passport holder and require an LMIA and your employer isn't willing to go through the process, then you won't be able to work again until you have PR.
     
  12. #12 Rsk202020, Nov 8, 2018 at 11:06 PM at 11:06 PM
    Last edited: Nov 8, 2018 at 11:20 PM
    Hi

    My work permit is expiring in December . if I apply for bridging visa now ,can I keep working even tough I do not get my bridging visa approval? Please reply I m so tensed.
    I have also checked on CIC website stating that you are allowed to work as long as u have applied for bridging visa before expiring your work permit.
     
  13. If you do not submit proof that you are eligible for a BOWP (e.g. acknowledgement of receipt of your PR application), your BOWP application will be rejected as incomplete (not refused), and you will not have implied status - you will be out of status from the date your work permit expires.

    https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

    technically you could keep working until you receive the rejection notice from IRCC, but any time worked will be without authorization and cannot count towards experience requirements. You would then have to answer "yes" to questions like "have you worked without authorization? and explain. You would also likely not have much time to restore status (if any at all).
     
  14. Study permit expired-30 july 2018
    applied for extension -30 july 2018
    request to provide additional documents -1st nov 2018
    failed to provide as i didnt see my email and deadline was 8th nov 2018

    got rejection letter from cic that my application for study permit is rejected and i must leave canada immediately .

    Its very confusing about restoration period some one says it is from the day i gor refusal letter and other says i should leave canada asap

    can someone please help if i can apply to restore my status as student as i have my studies pending ??

    please i need urgent help as i dont have time
     

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