Humgarden

My PR application was accepted and placed in process months ago by CIO Sydney. I am being processed under the old,non EE system for PR. My current work permit runs out on Feb 10th 2016, so I qualify under the 'less than 4 months' rule. I see that current processing times for BOWP are 100 days for paper application, and 145 days for online applications.
Can I just go down to the border and get a BOWP? That just sounds too good to be true. Otherwise looks like the BOWP paper application is faster than the online application? The fees are $255 and I meet all of the requirements for BOWP.

christmasoompa

Nope, you can't apply for a BOWP at POE (no, I've no idea why either!).

So you'll have to apply online or via an old fashioned paper app.

Good luck.

Former Lancastrian

I shall do my best to be diplomatic
This is a CIC requirement and certain requirements have to be met by individuals when applying for the BOWP.
We have enough work to do for CIC at a POE without more being shoved onto us and my badge says CBSA NOT CIC.
Perhaps its time for CIC to reopen their inland offices where people requiring BOWPs can walk in and request a BOWP as opposed to applying online or via paper applications. Perhaps the laying off of over 1200 CIC employees over the last 3 years might have somewhat slowed down processing times.
I remember the good old days when CIC had officers working at most if not all POEs but sadly today that is not the case. I also remember the days when we had Agriculture Officers also working at larger POEs but again sadly that is not the case today.
Instead Canada Customs got the short end of the stick and also took on these rolls with little recompense or indeed training in these new jobs.
Admittedly I have only been doing Immigration functions at a POE for the last 8 years and to be honest I have learned more about Immigration from the likes of posters like you and PMM and a few others. Its only within the last few months we were given full access to GCMS.
Prior to this we had limited access and training on FOSS to see what lines of business a client had with CIC and were unable to decipher what stage CIC applications were at.
Will it change it might but if it does there had better be incentives for CBSA officers to take on more of CICs workloads.
My POE has no legacy CIC officers left hence the numerous complaints of do they know what to do.
I have respect for those who work for CIC but I DONT NEED EXTRA WORK.

International Mobility Program: Provincial nominees or permanent residence applications – Bridging open work permits for certain federal economic class applicants

christmasoompa

I still don't get it I'm afraid FL, why can people get their IEC's/TWP's/SOWP's at POE, but not BOWP's? It just doesn't make sense to me to differentiate between one kind of open work permit and not others.

Former Lancastrian

Its a good question to ask and I shall try to answer IMHO


Bridging work permit: eligibility parameters
To be eligible for a bridging work permit, foreign nationals must meet the following requirements:

they are currently in Canada;
they have valid status on a work permit that is due to expire in four months or less;
they are the principal applicant on an application for permanent residence under the FSWC, the CEC, the FSTC, the PNC (see note below), or the two caregiver classes;
they have received a positive eligibility assessment on their permanent residence application under one of the Economic Class programs above;
they have applied for an open work permit; and
they have paid the work permit processing fee and the Open Work Permit Holder fee.

Currently in Canada ; Should be easy to prove especially if flag poling using a vehicle and from a non visa requiring country.
Valid work permit < less than 4 months again easy to prove as they should have it with them
Principal applicant ; If no access to GCMS or can't read the comments on the application then theres one problem area.
Received positive eligibility assessment ; same as above
Applied for open work permit ; Mmmm some would have been issued employer specific or if under PNP they should only be working in that Province. An open work permit under the BOWP allows them to work for any employer or anywhere in Canada so that could cause problems.
Paid the fees would not be a problem if they ever decided to do this BOWP at a POE.

One big problem area that I could see and making headlines for the wrong reasons is INADMISSIBILITY.
Dependent on what stage they are at can a CBSA officer at a POE be 100% sure that CIC have reviewed the applicants Police Certificates. We have had cases where an applicant has since being in Canada and supplying Police Certificates from other countries committed offences in Canada and is pending charges/court date or has been convicted. Can you assure me that CPC Vegreville run a CPIC check for BOWP applicants? My guess is NO.

So now we find at the POE the person is now inadmissible but living in Canada.
If the crime is serious enough i.e. a section 36(1)(a) offence then a DEPORTATION order could be issued right there and then no avenue of appeal.
Im not suggesting CBSA wouldn't allow them to return back into Canada but that is a possibility much like flag poling for a landing or being issued with a new work permit or requesting a new visitor record.

IMHO its CICs legislation and jurisdiction and CIC should deal with it.

The following foreign nationals do not qualify for a bridging work permit:

foreign nationals in Canada under section 186 of the Immigration and Refugee Protection Regulations (IRPR) (work permit exempt);
foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status;
foreign nationals whose work permits are valid for longer than four months or who already have a new LMIA that can be used as the basis for a new work permit application;
foreign nationals applying for a bridging work permit at the port of entry;
spouse and dependants of the principal permanent resident applicant;
provincial nominees who have not submitted a copy of their nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions.

christmasoompa

Yes, I know all the stuff you've copied and pasted from the CIC website, but I still don't get why things like inadmissibility would be an issue for BOWP holders, when it's not considered a problem for SOWP holders etc. I just don't get why some work permits are able to be issued at POE but not BOWP's, but I'm sure there's a good reason.........maybe?!

Former Lancastrian

CIC do not require visitors or workers who can apply for entry at a POE without needing a visa to supply a Police Certificate. I can assure you that most CBSA officers working at a POE routinely carry out checks on any foreign national referred into Immigration Secondary to be issued any document.

The legislation was written years ago and IMHO those coming to Canada to work or study should be applying for the relevant documents overseas or at a CIC processing centre that requires a police certificate (no older than 6 months since issued) with their application.
With the millions of visitors we get its impossible and not feasible to ask for police certificates from visitors who may only be here for a few days/weeks.

Because of the legislation written the way it is several posters on here have fallen foul of the law at a POE and not always with inadmissibility.
POEs dont do extensions so if no documentation with them no new work/study/visitor documents.
I understand their intent not to bog down visa offices abroad but IMHO finding out a person is inadmissible before they arrive and denying their application is much simpler than letting them travel to a POE then being denied entry.

CIC make the rules re BOWPs we just follow them

If there was a perfect system to balance security and keeping undesirables out of Canada yet allowing genuine workers and students to be processed in an efficient and timely manner then Im all for it.