URGENT PLEASE BOWP - is my case complicated?

[theboss]

Hi Menic

You are absolutely right if everything goes pretty honest and straight forward. But in his case what he feels that is he cannot stay in Canada after May 2nd if the separation mail really applied. That's why the second choice can be the paper application.

For your second point, For a smooth relieving process from your current employer we can inform them. Mostly the indian employers plan with the employee to work in offshore (Indian location for sometime) to balance the liabilities. So if he exit at this point the relieving process may get complicate.

 

[MenicMonday]

^Actually, what's not clear is that: is the OP being "seconded" to India, or is it a termination?
The employer may have been "afraid" for him to stay beyond the termination date since they sponsored him and assumes CIC will get back at them if he stays out-of-status, hence wants him to leave the country, what do you think?

 

[theboss]

I am damn sure its not a termination. Usually the project which indian companies(Outsourcing or Consulting) take has a rule of 20-80. 20 percent onshore 80 percent offshore. So using work permit they move people from India to Canada but later if there is a budget issue or some situation the onshore count is more than of 20 percent , the client first reduce the onshore folks and ready to run the show only with offshore folks.

In this situation, the indian consulting companies usually move the people from onshore back to India. They wont terminate or lay off unless until the employee is a Canadian PR or Citizen.(Also there are other more reasons to move the employee back to India )

But as you finally said, employer may have been afraid about the guy to stay here because not to face any troubles on getting lmo and work permits in future.

 

[MenicMonday]

^Based on what you said, I now understand why the employer wanted him to leave Canada (assuming it is a on/off shore inter-company movement). Thanks!

 

[jes_ON]

Yes I know I can stay but I want to know if I have apply open work for my wife now or after she gets her passport and my BOWP.

Your wife's open work permit depends on your employment. It doesn't really make sense to apply to extend it right now, even if you had the passport.

No, CIC won't care about your employer's desire to send you back. Your work permit expires on Sep 26, you are not eligible to apply for the BOWP until May 26. You can submit the application to extend your spouse's OWP at the same time. It will work out just fine, if you can manage a couple of months without work.