Application rejected, Work Permit expires 15th Oct 2018

[asd1985]

Hello everyone,

I need some urgent guidance. I'm meeting a consultant as well, at 5 PM for professional help with my case.

My application under EE CEC just got rejected as they were not happy with one of my Canadian WE credentials. They didn't count it and hence i was perhaps not awarded the NOC based points.

The application was filed Feb 11. If you take my current profile into consideration, with the extra 8 months of eligible work i have done since the, i should have no problem with the NOC based points.

My current WP expires Oct 15th and i have applied for an extension using the now-rejected AOR from my EE file. Soon, the BOWP that i have applied for will also get rejected as the application for PR got rejected.

I can reapply by Monday but if there is no draw by the 15th, i'm screwed. I'm about to lose my full-time permanent job as the rejection happened too close to my WP expiry date.

Any suggestions for my case?
Can i stay in Canada and keep working, until the BOWP application gets rejected (assume it gets rejected AFTER my WP expires)?

I'm in a tough spot here.
Thanks.

 

[scylla]

Hello everyone,

I need some urgent guidance. I'm meeting a consultant as well, at 5 PM for professional help with my case.

My application under EE CEC just got rejected as they were not happy with one of my Canadian WE credentials. They didn't count it and hence i was perhaps not awarded the NOC based points.

The application was filed Feb 11. If you take my current profile into consideration, with the extra 8 months of eligible work i have done since the, i should have no problem with the NOC based points.

My current WP expires Oct 15th and i have applied for an extension using the now-rejected AOR from my EE file. Soon, the BOWP that i have applied for will also get rejected as the application for PR got rejected.

I can reapply by Monday but if there is no draw by the 15th, i'm screwed. I'm about to lose my full-time permanent job as the rejection happened too close to my WP expiry date.

Any suggestions for my case?
Can i stay in Canada and keep working, until the BOWP application gets rejected (assume it gets rejected AFTER my WP expires)?

I'm in a tough spot here.
Thanks.

Yes - you can technically stay in Canada and work until the BOWP application gets rejected. But once the BOWP application is rejected, you'll be in Canada without status and will have to apply to restore your status (or leave Canada). It can take a while for restoration applications to be approved (sometimes four months) and you obviously cannot work during this time. You also cannot submit a PR application while you are in Canada without status (you must have valid status in Canada to apply for PR).

 

[asd1985]

Yes - you can technically stay in Canada and work until the BOWP application gets rejected. But once the BOWP application is rejected, you'll be in Canada without status and will have to apply to restore your status (or leave Canada). It can take a while for restoration applications to be approved (sometimes four months) and you obviously cannot work during this time. You also cannot submit a PR application while you are in Canada without status (you must have valid status in Canada to apply for PR).

Thanks for clearing that up.

One follow up Q: Is there any grace period AFTER BOWP gets rejected, for a person to leave Canada? Like a day, a week, etc? Or the moment it gets rejected, you are breaking the law by staying in Canada?

My best case scenario is to re apply and HOPE that the next draw occurs BEFORE my WP Extension application gets rejected. I applied for the extension on the 28th of September. Any idea how long it takes for them to reject my BOWP application based on my EE rejection?

Thanks.

 

[YouthTree]

Can you tell us why your WE was rejected? Under what reasons?

 

[scylla]

Thanks for clearing that up.

One follow up Q: Is there any grace period AFTER BOWP gets rejected, for a person to leave Canada? Like a day, a week, etc? Or the moment it gets rejected, you are breaking the law by staying in Canada?

My best case scenario is to re apply and HOPE that the next draw occurs BEFORE my WP Extension application gets rejected. I applied for the extension on the 28th of September. Any idea how long it takes for them to reject my BOWP application based on my EE rejection?

Thanks.

You would have to stop working as soon as your BOWP is rejected. In terms of grace periods, technically there is none. However best practice says you should leave within 30 days.

Your best case scenario isn't accurate unfortunately. You need to be holding a valid work permit at the time you apply for a BOWP - being on implied status is not the same as holding a valid work permit. So if you want to continue working without stopping, you would have to submit a new BOWP application before your current work permit expires (not before your BOWP / extension is refused).

 

[asd1985]

Can you tell us why your WE was rejected? Under what reasons?

Yes, my WE letter from one company was not detailed enough (job description wasnt detailed enough to satisfy lead statement) and those 7 months didn't count towards my Canadian WE.
Strangely, i still have 478 points but i still got rejected as i don't meet the "minimum requirements" for CEC. If they had invited me under FSW, i would have made it. It so annoying. I'm thinking of taking legal action if i lose my job due to this.

 

[YouthTree]

Ah man that sucks but hey, you'll get there eventually

 

[movais]

Yes, my WE letter from one company was not detailed enough (job description wasnt detailed enough to satisfy lead statement) and those 7 months didn't count towards my Canadian WE.
Strangely, i still have 478 points but i still got rejected as i don't meet the "minimum requirements" for CEC. If they had invited me under FSW, i would have made it. It so annoying. I'm thinking of taking legal action if i lose my job due to this.

Man that sucks, i am in a same boat. My previous employer said they do not write letter to ex employees, so i had no way of proving what i did there. I gave them T4 and Service Canada proof of employment and wrote a letter explaining what i did. I am claiming 5 months from that job. But they should have considered that it has been 8 months in your scenario, technically you are eligible based on your second job. Sucks though man. I hope something comes out for you. Please keep me updated, just incase i go in same boat as you. I applied for BGWP on September 12, i think they are working on July applications. So you still have time to submit another PR application, technically your status is still valid until they reject your BGWP.

 

[movais]

Yes, my WE letter from one company was not detailed enough (job description wasnt detailed enough to satisfy lead statement) and those 7 months didn't count towards my Canadian WE.
Strangely, i still have 478 points but i still got rejected as i don't meet the "minimum requirements" for CEC. If they had invited me under FSW, i would have made it. It so annoying. I'm thinking of taking legal action if i lose my job due to this.

and if you dont mind me asking, what NOC you are applying under? in both jobs? I know they are bit harsh on some NOC's

 

[asd1985]

and if you dont mind me asking, what NOC you are applying under? in both jobs? I know they are bit harsh on some NOC's

0124
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Its the 2171 work that got me into this much trouble, as the WE letter was rather basic. If my file had been rejected 1 week earlier than it was, i'd simply reapplied and wouldnt be in this much trouble.

 

[asd1985]

Man that sucks, i am in a same boat. My previous employer said they do not write letter to ex employees, so i had no way of proving what i did there. I gave them T4 and Service Canada proof of employment and wrote a letter explaining what i did. I am claiming 5 months from that job. But they should have considered that it has been 8 months in your scenario, technically you are eligible based on your second job. Sucks though man. I hope something comes out for you. Please keep me updated, just incase i go in same boat as you. I applied for BGWP on September 12, i think they are working on July applications. So you still have time to submit another PR application, technically your status is still valid until they reject your BGWP.

A) Oh i hope you're not in the same boat. I hope no one is to be honest. If i lose my job over this, i'm going the legal route. Its a FT, permanent gig.
B) "So you still have time to submit another PR application, technically your status is still valid until they reject your BGWP"

See this is what i'm not sure about. I'll apply while being under the implied status, but i asked around and this rests on the mercy of the officer who will be handing my 2nd BOWP application. People here have said that it wont count as it's done under implied status. Let's see. But i'm genuinely considering going to court, AFTER i get another ITA.

C) Good luck to you and to everyone!

 

[asd1985]

This is for everyone who has read my case:

Can i apply for a regular work permit without having an express entry ITA? My PG-OWP ends on the 15th of October.

 

[movais]

A) Oh i hope you're not in the same boat. I hope no one is to be honest. If i lose my job over this, i'm going the legal route. Its a FT, permanent gig.
B) "So you still have time to submit another PR application, technically your status is still valid until they reject your BGWP"

See this is what i'm not sure about. I'll apply while being under the implied status, but i asked around and this rests on the mercy of the officer who will be handing my 2nd BOWP application. People here have said that it wont count as it's done under implied status. Let's see. But i'm genuinely considering going to court, AFTER i get another ITA.

C) Good luck to you and to everyone!

Oh no, dont apply for second BOWP in my opinion, re apply for PR..then if your old BOWP application is still under process (which i think will be, because you only applied late September, they wont get to it in November or December). just send them a letter explaining your old PR application was rejected and you have applied again with fixing the issues. Attach the new AOR with the letter. God fobid even if your BOWP application gets refused, your PR application will still be under process...and hopefully it will get approved. You can probably talk to your HR to rehire you in this scenario.

 

[movais]

This is for everyone who has read my case:

Can i apply for a regular work permit without having an express entry ITA? My PG-OWP ends on the 15th of October.

No, you can't. PGWP does not extend after the expiry date. You either need an LMIA based work permit or Bridge work permit. I have looked in this before.

 

[scylla]

This is for everyone who has read my case:

Can i apply for a regular work permit without having an express entry ITA? My PG-OWP ends on the 15th of October.

Yes - you can apply for a regular (closed) work permit provided your employer has obtained an approved LMIA for your role.