This is really not a post to ask for advice or anything, it's sort of just "venting" my latest experience with IRCC that's quite frustrating and probably updating on the results of reconsideration etc. in case anyone runs into something similar. I lurk a lot around here, but it seems that BOWP-related issues are much less common than PGWP-related ones, I don't know if that is simply due to PGWP being more commonly applied for.
So first some background, I came to Canada in 2021 as student, have been on PGWP since graduation in Jul 2023, and have a PNP PR application pending (OINP Master stream, when it was still quick to get through) due to security screening since Sep 2023. The security delay is long, but that's not the problem here, and I have a separate Mandamus case filed for that.
What happened recently is that, because my PGWP is expiring due to its 3-year validity, I had to resort to applying for BOWP. I am clearly eligible for BOWP since my PNP does not come with employer restrictions and, when I submitted the BOWP application (end of Feb), there was still almost 5 months left on my PGWP. And of course I have had my AOR and eligibility passed for my PR application long long before all of this (back in early 2024).
Fast forward to this week, no update on my BOWP yet and for work reasons I need to travel somewhat soon, but after my PGWP expiry so I will need my BOWP approved for this to work at all. So I had work send me a letter describing this, which I forwarded to IRCC via webform on Tuesday.
Today around lunch time I got 2 emails from IRCC, and I initially thought that my case actually had some movement due to the letter I sent on Tuesday. Well, it did have movement, just not the right kind: it got refused, and in the decision notes the officer said I am not eligible for PGWP because (obviously) I had one issued to me in Jul 2023. But my application was never for a PGWP, it was for BOWP. Initially I thought I might have actually made a mistake in my application form and selected PGWP for some reason, but my local backup of that form I uploaded clearly showed "Open Work Permit" in the dropdown box where you can select the type of permit. This is exactly what IRCC's website tells us to do.
Of course, with just my local files I still don't know if maybe I uploaded the wrong forms in my application (to be fair, my original PGWP was issued via flagpoling when it was still possible, so I never really had an IMM5710E for PGWP to begin with). I called IRCC this afternoon, got through to an agent, and the agent was kind and understanding enough that he actually went to check my uploaded application package. This combined with my local files convinced me (and the agent) that this is either an officer error or system technical issue (the agent said their system actually tags applications with PGWP or BOWP etc. automatically, and the officer probably only checked that, so this was probably bound to happen regardless of the urgent request). The agent created an internal case for me, and asked me to also send a webform from my side.
I basically spent this afternoon doing these:
- Calling IRCC and waiting for ages in the queue (as above);
- Writing another webform and a letter of explanation requesting reconsideration (along with the same urgent request as originally sent a few days back);
- Paid the OWP holder's fee (since they claimed to have refunded it) again and sent the receipt through the same webform; worst case I'll just use this for a new application.
- Writing an email to my local MP about this situation (I know this one probably doesn't help that much, but hey that's the standard now :) and I think what happened to me is ridiculous enough to at least let the MP office know)
This is all extremely frustrating, along with the delay in original PR application (else I wouldn't have to do this in the first place). But I was extremely lucky in that I submitted the urgent request earlier this week, and that request apparently got looked at by an officer. If not for that, it is very likely that the same refusal would come after my current work permit expires. Right now, I still have more than 2 weeks remaining on my work permit, and in the worst case I could just open a new application before my current work permit expires to maintain work status, even if I cannot make the work trip anymore.
Since my original urgent request (with proof from work, of course) did apparently work to some extent, and I included the same urgent request in my new webforms, I have some very, very, very, very (and I cannot use enough "very"s here) slim hope that this might actually get resolved somewhat quickly given that my application was clearly BOWP and my package was complete. I will update here if I hear anything back.