N McCleary

Hi everyone

Hoping you can help with a query about an ongoing permanent residency application.

Myself and my husband moved from Scotland to Canada in March 2017 for me to take up a Postdoctoral Fellowship. We both enjoy living here a lot and so applied for permanent residency. We submitted our full application in July 2018. Our application has now passed the 6-month typical processing time advised by CIC. We're worried because my current work permit (employer-specific, LMIA-exempt) and my husband's current open work permit expire on 15th March. As I understand, if we don't hear a decision before 15th March, we won't be able to continue living here and working in our current jobs with 'implied status', because it seems like that only applies if the submitted application is the same as the visa currently held, is that correct? I read the CIC website content on implied status and it is not clear to me if this applies to applicants with temporary work permits who have an application for permanent residence in processing.

I'm thinking if we submit an application to extend our current work permits, we will then be covered by implied status should we not hear back about either of the applications before 15th March. However, is it possible/sensible to have two applications in processing at the same time? I've also read the information on bridging open work permits and this seems more applicable to us, but the current advertised processing times for work permits would also take us past 15th March. I'd be very grateful to hear any advice any of you may have regarding whether we should submit further applications, or whether we may be covered by implied status.

christmasoompa

Implied status isn't relevant, as you say you've applied for PR and not a new TWP. If I were you I'd apply for a BOWP urgently (like, today!) so that it's processing asap.

What route did you apply for PR under? Have you submitted a case specific email to see what's happening with your application?

N McCleary

Thank you christmasoopma. I thought so re. implied status. I now realise we should have had the BOWP application in already, but thought we didn't need to do anything until our application had passed the 6 months processing time. We applied for PR under Canadian Experience Class. Although we heard quite a while ago that we passed the medical exam, when I log in online it states that 'we are reviewing whether you meet the eligibility requirements', so I'm not even sure they've decided we are eligible yet: I think this may affect the BOWP processing? I had over a year's full-time work experience when we applied.

A few further questions about BOWP that I hope you can help with:
- Current processing times for work permit extensions are 76 days, which would take us past our current work permit expiry date: would we have to stop working if we don't hear back about either PR or the BOWP before then?
- Are the fees associated with BOWP applications refunded if we get a PR decision before our current permits expire?
- Eligibility for a BOWP requires 'electronic application for permanent residence (e-APR) submitted under Express Entry has passed the R10 completeness check': how do I know if I've passed this?
- It seems like only the principal applicant is eligible for a BOWP, meaning that my husband will not be able to extend his open work permit? However when I went to set up the application online, it allowed me to add his details and is requesting documents to support extension of his work permit?
- I've started setting up the BOWP application online, assuming you do it as if you are staying temporarily in Canada for less than 6 months so that you get to the correct forms?
- When I set up the BOWP application over the weekend, I responded 'no' to the question asking if I have an LMIA since my postdoc position is LMIA exempt (this wasn't an option), and the system told me I wasn't eligible to apply at this time. So I went back and selected the option 'I'm on academic exchange, conducting research or taking training' in response to the question 'Which situation best describes your work situation?' However it's now asking my for an 'Invitation Letter: You must provide a letter of invitation from the person inviting you to Canada. The letter must be written by the host and should have specific information about the host and invitee. The letter should state the purpose and length of the visit, the nature of the relationship between you and the host, the contact information of the host, etc.' is this just my original postdoc offer letter? Does it matter than my contract has been extended since the original offer (i.e. the dates on this letter are now innacurate)?
- Regarding documents such as 'Offer of Employment', and 'Proof that you Meet the Requirements of the Job Being Offered', can I submit documents I already have (i.e. my original offer of employment, and my PhD certificate) or would they expect me to get for example, an updated offer?
- It also has an an optional document 'IMM5802 Offer of Employment to a Foreign National LMIA-Exempt': would this be the original application made by my employer? Is it safe enough to leave out the optional documents for purposes of saving time?
- For my husband, it's also asking for 'Form: Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)' as an optional document, but I already told them when setting up the application that he's in Canada working: does this mean I've somehow set up the application wrong?
- In terms of fees, it's asking for 2x work permit fee but only 1x Open Work Permit Holder Fee: why not 2x for both?

Thanks again, and apologies for the numerous questions that may be answered elsewhere: just want to make sure I get this right and I find it very difficult navigating CIC website for info.

Siouxie

https://www.canada.ca/en/immigration...rk-permit.html

You are staying permanently, not temporarily for 6 months... because you have applied for Permanent Residence

https://www.canada.ca/en/immigration...da-worker.html

N McCleary

Thanks Siouxie, but if I select that option, won't it just lead me to the PR application? How do I actually get the the BOWP application?

Siouxie

Perhaps look at the links I provided, lol .. the first one is a direct link to applying for a BOWP .. you can't apply for a BOWP unless you have a PR application in process

Here's the guide for making a paper application: https://www.canada.ca/en/immigration...da-worker.html

N McCleary

Hi Siouxie, I followed the links and couldn't see how to get directly to a BOWP application. I clicked the 'work permit application' link on the page 'Extend your work permit – Bridging open work permit' which you sent. This took me to a page with an 'apply online' link, which then took me to a page with a 'check your eligibility' link. I then filled out the questionnaire indicating I wanted to stay permanently and at the end it suggested doing an express entry application, which of course I've already done. I also tried to fill out this questionnaire from within my CIC account and it won't let me go any further, stating 'You already have an in progress application.' So, this is why I thought I had to apply for the BOWP as if I am only planning to stay temporarily, even though I'm not (i.e., that's how I get to an open work permit application in the online system?). What am I missing?! Thanks for the link to instructions for applying on paper.

Siouxie

Agh. That's frustrating - apologies, I don't have access to the new system to check the correct steps. The old help files were much more useful! BOWP are only available for people who have applied for permanent residency, it seems it's more difficult now to get to the online app.
I can only suggest that you could submit a paper application and then link it to your online account.
Application: https://www.canada.ca/en/immigration...da-worker.html
How to link it to your online account:http://www.cic.gc.ca/english/helpcen...num=1223&top=3
Calling Snowy and christmasoompa!

Snowy560

Try "temporarily longer than 6 months".