Urgent - BOWP Question, help very much appreciated.

[StevieMadds]

Im here under the IEC Visa, expires on Aug 21. Currently in Canada.

I have just submitted by PR application under CEC today, and was going to apply for my BOWP today too.

Work have just come to me and told me I need to leave for Germany on Monday with return dates in Sept.
If I apply for my BOWP today while still in Canada will it still be approved if I am abroad? I can have it fedexed to me then and re-enter? Or what are my options?

If my BOWP doesnt get approved before Aug 21 (which is likely) I am going to transfer to our UK office Payroll so I am not working illegally.

 

[rezafc]

OK first things first,

You will need to pass the review on eligibility before you apply for your BOWP, that means you will need your AOR for that application. You can not just apply for BOWP without your passed eligibility. So as you mentioned it's highly unlikely that you get a BOWP before the expiration of your current IEC work permit.

Now what do you mean when you say you are going to transfer to your UK office Payroll so you're not working illegally? I am assuming that you are taking off to Germany and then you will re-enter Canada (possibly on a visitor permit - since they will not issue you another IEC work permit) and then you want to work in Canada and transfer your payroll to your UK office? Is this the plan? Unless your work (overseas) does not require your presence at the office you will be working illegally in Canada and I would not suggest you to do that. Both for your own records and your history of stay for future reference.

Best of luck,

 

[StevieMadds]

OK first things first,

You will need to pass the review on eligibility before you apply for your BOWP, that means you will need your AOR for that application. You can not just apply for BOWP without your passed eligibility. So as you mentioned it's highly unlikely that you get a BOWP before the expiration of your current IEC work permit.

Now what do you mean when you say you are going to transfer to your UK office Payroll so you're not working illegally? I am assuming that you are taking off to Germany and then you will re-enter Canada (possibly on a visitor permit - since they will not issue you another IEC work permit) and then you want to work in Canada and transfer your payroll to your UK office? Is this the plan? Unless your work (overseas) does not require your presence at the office you will be working illegally in Canada and I would not suggest you to do that. Both for your own records and your history of stay for future reference.

Best of luck,

Sorry I should have been more clear. Thanks for responding.

I have my AOR letter. Received today in my CIC account.

Here is a better explanation -

I am leaving for Germany on Monday on an international assignment for my work - I am currently in Canada.
My IEC visa expires on Aug 21, after AUG 21 if I work for the canadian arm of this company I will technically be working illegally.

I am going to apply for a BOWP but am wondering that if I apply today, and then leave Canada on Monday, will my BOWP be rejected as I am not in Canada? or is it that I need to be in Canada to apply, but not for approval.

It is likely going to play out in one of two ways -

1.I go to Germany, work until the 18th and come back - then on implied status until BOWP is approved and then back to Germany.
2. I go to Germany and work until I am finished (mid Sept) while over there my IEC will expire (aug 21), I will transfer to UK company*(see below), and my BOWP app will be processed (34 day processing time). I guess the real question here is Will me being over in germany cause my BOWP to be rejected as if so, it means I am out of Canada, with no status and cannot re enter. Which is the worst case scenario.
If my BOWP is approved while I am abroad, I can have the physical paper sent to me, and use that to reenter wth my passport.

What I meant by transferring to UK payroll is that - our company has a UK arm, registered in the UK, basically a separate company. I will get transferred to them once(if) my IEC runs out and I have no BOWP, I do not need a visa to work in the UK.

Hope all that makes more sense?

 

[jes_ON]

I have my AOR letter. Received today in my CIC account.

what rezafc meant is that your BOWP application won't be processed without the R10 completeness check being done and confirmed. You receive a different letter for that. I'm not sure how long it takes right now from the time an application is submitted until the completeness check is done - I've heard anything from two weeks to two months (or more).

IRCC has been inconsistent (it seems, based on comments in this forum) about how they handle BOWP applications before the completeness check is done. They are supposed to hold them until the completeness review is done, but there are many reports of the BOWP just being refused if the application is processed before the completeness check is done.

That is why (in most cases) people recommend delaying the BOWP application as long as possible, or until you get confirmation that your application has passed the completeness check.


Here is a better explanation -

I am leaving for Germany on Monday on an international assignment for my work - I am currently in Canada.
My IEC visa expires on Aug 21, after AUG 21 if I work for the canadian arm of this company I will technically be working illegally.

I am going to apply for a BOWP but am wondering that if I apply today, and then leave Canada on Monday, will my BOWP be rejected as I am not in Canada? or is it that I need to be in Canada to apply, but not for approval.

It is likely going to play out in one of two ways -

1.I go to Germany, work until the 18th and come back - then on implied status until BOWP is approved and then back to Germany.
2. I go to Germany and work until I am finished (mid Sept) while over there my IEC will expire (aug 21), I will transfer to UK company*(see below), and my BOWP app will be processed (34 day processing time). I guess the real question here is Will me being over in germany cause my BOWP to be rejected as if so, it means I am out of Canada, with no status and cannot re enter. Which is the worst case scenario.
If my BOWP is approved while I am abroad, I can have the physical paper sent to me, and use that to reenter wth my passport.

What I meant by transferring to UK payroll is that - our company has a UK arm, registered in the UK, basically a separate company. I will get transferred to them once(if) my IEC runs out and I have no BOWP, I do not need a visa to work in the UK.

Hope all that makes more sense?

It did sound kinda funny when you said "transfer to the UK payroll" instead of "transfer to the UK office," it sounded like maybe your plan was to play some paperwork game while trying to stay in Canada. But if you mean you would physically go and work in the UK, that is of course one option while you are waiting for your PR application to process.

As for applying for the BOWP and then leaving Canada while the BOWP is in process, I don't know. You are right that being in Canada is a requirement for the BOWP, but I have never heard of anyone being refused the BOWP because they left Canada while it was in process. Of course if you change residence (e.g. move to the UK), you are required to inform CIC. So it's a big question mark - if you do it, let us know what happens.

 

[StevieMadds]

Thanks Jes

Yeah so I would 100% not be working in Canada after my WP expires. Not risking that.

My CEC app was an inland app so if I do temporarily change to the UK office, would it not be classed as abandoned and refused?

Ideally, I'd go to Germany (while the UK office is my employer), the BOWP gets approved while I am over there, I get it Fedexed to me, I finish my assignment and I come back and get re-employed by the Canada office.
My only real worry is that one, or both of my current applications (CEC and BOWP) get rejected due to the movements.

I have been told that my BOWP shouldnt be rejected based on me not being in Canada at processing or approval, as I am here when I applied (and thats the requirement) but I am sceptical - heavy price to pay if it doesnt work out.

 

[rezafc]

Right,

One of the mandatory fields for applying for a BOWP is your presence in Canada. This permit is especially designed for people that want to stay in Canada + keep working until a decision is made on their PR application. This includes travelling abroad while your BOWP is in process.

1/ This option makes sense the most to me, but be prepared to answer the officer's questions on why and whens!

2/ Again, they might run a check on your passport and see you are out of town, they might give you a call, they might reject your application. You are running some risks here by leaving Canada.

Now for your last option let's say you manage to go about this situation. As you mentioned you will apply for BOWP and you will take off to Germany regardless of your PR application. You'll receive your permit and it will get mailed to your address overseas. But once you want to enter Canada with that permit (and you can not hide it) you will be alarming the officer to question your presentation, He / she will definitely ask you how you managed to get your hands on the permit! Why weren't you in Canada when you received this permit? And so on. So if I were you I will definitely scratch no.2

Hope these answers your questions.

 

[rezafc]

My CEC app was an inland app so if I do temporarily change to the UK office, would it not be classed as abandoned and refused?

CEC applications are not tied down to where-abouts . You can be on the moon and apply for one. Inland, Outland, does not make any difference.

 

[StevieMadds]

Right,

One of the mandatory fields for applying for a BOWP is your presence in Canada. This permit is especially designed for people that want to stay in Canada + keep working until a decision is made on their PR application. This includes travelling abroad while your BOWP is in process.

1/ This option makes sense the most to me, but be prepared to answer the officer's questions on why and whens!

2/ Again, they might run a check on your passport and see you are out of town, they might give you a call, they might reject your application. You are running some risks here by leaving Canada.

Now for your last option let's say you manage to go about this situation. As you mentioned you will apply for BOWP and you will take off to Germany regardless of your PR application. You'll receive your permit and it will get mailed to your address overseas. But once you want to enter Canada with that permit (and you can not hide it) you will be alarming the officer to question your presentation, He / she will definitely ask you how you managed to get your hands on the permit! Why weren't you in Canada when you received this permit? And so on. So if I were you I will definitely scratch no.2

Hope these answers your questions.

I do want to stay in Canada and keep working while waiting for PR though... its just one of our clients is HQ'd in Germany and I need to visit. There isn't anyone else that can go. The issue is my work permit expires mid way through the assignment so Implied Status isn't fit for companies that work globally.

You're likely right though and to be safe I should err on the side of option1 despite the likely career and client ramifications. I could come back, get my BOWP and then head over again. Time is money though...

Thanks for the advice rezafc

 

[rezafc]

I do want to stay in Canada and keep working while waiting for PR though... its just one of our clients is HQ'd in Germany and I need to visit. There isn't anyone else that can go. The issue is my work permit expires mid way through the assignment so Implied Status isn't fit for companies that work globally.

You're likely right though and to be safe I should err on the side of option1 despite the likely career and client ramifications. I could come back, get my BOWP and then head over again. Time is money though...

Thanks for the advice rezafc

No problem, all the best.

 

[jes_ON]

My CEC app was an inland app so if I do temporarily change to the UK office, would it not be classed as abandoned and refused?

No, this would not have any impact on the CEC application.

 

[lazycrazyboon]

@StevieMadds what did you do? I am in a similiar situation ...