Work Permit Delay

[scylla]

But I already paid the application fees. Could I claim a refund?

Most likely not. Pay all of the fees again so that you don't create further risks for your situation.

You may also not need to withdraw the current OWP. But you definitely need to submit a new OWP and I would include a restoration application.

Might be time to talk to an immigration lawyer.

 

[track002]

Your PWGP, not your first extension, expired before dates in the link. So you are not eligible for extension based on this new policy.

The dates say September 20, 2021, and December 31, 2023, my Extended PGWP expired in March 2023. I do fall under the date whose eligible if I re-apply today, don't I?

 

[track002]

Most likely not. Pay all of the fees again so that you don't create further risks for your situation.

You may also not need to withdraw the current OWP. But you definitely need to submit a new OWP and I would include a restoration application.

Might be time to talk to an immigration lawyer.

Lawyers are way too expensive for me right now. I'm better off leaving the country.

 

[scylla]

Lawyers are way too expensive for me right now. I'm better off leaving the country.

Your choice, of course.

In my opinion, the current OWP application you have has no chances of being approved since you applied outside of the policy.

 

[track002]

Most likely not. Pay all of the fees again so that you don't create further risks for your situation.

You may also not need to withdraw the current OWP. But you definitely need to submit a new OWP and I would include a restoration application.

Might be time to talk to an immigration lawyer.

Also, I was thinking... since my employer has already applied for an LMIA... I could use the money towards IELTS (mostly CELPIP), and simply apply for a PR if the LMIA returns as positive. What do you think?

PS: instead of re-aplying for an open work permit, use the money towards CELPIP.

 

[scylla]

Also, I was thinking... since my employer has already applied for an LMIA... I could use the money towards IELTS (mostly CELPIP), and simply apply for a PR if the LMIA returns as positive. What do you think?

And try to remain in Canada or just leave Canada?

Under which program would you apply?

Something you should keep in mind is that assuming the OWP is in fact refused, you may not be able to count any of the work experience after your PGWP extension expired since you applied for the OWP without acutally qualifying for one.

So hard to answer your overall question with such limited information.

 

[track002]

And try to remain in Canada or just leave Canada?

Under which program would you apply?

Something you should keep in mind is that assuming the OWP is in fact refused, you may not be able to count any of the work experience after your PGWP extension expired since you applied for the OWP without acutally qualifying for one.

So hard to answer your overall question with such limited information.

K, I'll start packing for real.

 

[track002]

And try to remain in Canada or just leave Canada?

Under which program would you apply?

Something you should keep in mind is that assuming the OWP is in fact refused, you may not be able to count any of the work experience after your PGWP extension expired since you applied for the OWP without acutally qualifying for one.

So hard to answer your overall question with such limited information.

They gave me a letter to maintain my status, so the work I'm doing rn is legal. It'll be a bummer if they still don't count it.

 

[scylla]

K, I'll start packing for real.

I mean if you don't want to try for PR, that is your choice.

But if you have more info to give, we can help with more pointers.

 

[track002]

And try to remain in Canada or just leave Canada?

Under which program would you apply?

Something you should keep in mind is that assuming the OWP is in fact refused, you may not be able to count any of the work experience after your PGWP extension expired since you applied for the OWP without acutally qualifying for one.

So hard to answer your overall question with such limited information.

I can leave the country if requested, however while I'm outside the country, if I get a positive LMIA (eta is January 2024), I'm hoping to get points and get a draw in the next STEM round. PR might take another year to process, then perhaps I can come back to Canada as a PR. Or if I'm eligible, I can also apply for a bridging visa if they approve my PR.

 

[scylla]

They gave me a letter to maintain my status, so the work I'm doing rn is legal. It'll be a bummer if they still don't count it.

Then it's possible you may be able to count it. It's hard to say to be honest. We've seen IRCC say that the time under implied status cannot be counted if a visa is refused and the applicant did not qualify to apply for the visa (which is the situation you're in). You're sort of in lawyer territory now because you didn't apply wiithin the timeframe of the public policy and didn't meet the requirements for an OWP at the time you applied.

You can also just stay in Canada and see what the outcome of the OWP is. That's also a possibility.

Good luck regardless.

 

[track002]

I mean if you don't want to try for PR, that is your choice.

But if you have more info to give, we can help with more pointers.

I only have 475 point (including max CELPIP score, but without LMIA).

 

[track002]

Then it's possible you may be able to count it. It's hard to say to be honest. We've seen IRCC say that the time under implied status cannot be counted if a visa is refused and the applicant did not qualify to apply for the visa (which is the situation you're in). You're sort of in lawyer territory now because you didn't apply wiithin the timeframe of the public policy and didn't meet the requirements for an OWP at the time you applied.

You can also just stay in Canada and see what the outcome of the OWP is. That's also a possibility.

Good luck regardless.

But I still have time though right... like the Public Policy will be active until December 2023. I'll call IRCC and see what they suggest. If they also recommend withdrawing and re-applying, then I'll do it before December. Lawyer is definitely not under the budget sadly.

 

[scylla]

I only have 475 point (including max CELPIP score, but without LMIA).

That's not enough to be selected unless you also have French (and have scored the minimum on the French language test) or fall under one of the priority occupations.

Has your employer already obtained an approved LMIA or is that just something you're considering asking them to do?

If PR is a priority for you, start learning French now. Lots here have done this to boost their score. That's the best move if PR is in fact a priority.

 

[track002]

That's not enough to be selected unless you also have French (and have scored the minimum on the French language test) or fall under one of the priority occupations.

Has your employer already obtained an approved LMIA or is that just something you're considering asking them to do?

If PR is a priority for you, start learning French now. Lots here have done this to boost their score. That's the best move if PR is in fact a priority.

LMIA has already been submitted for me by my employer. We're waiting for the response now. If my employer get a Positive, I can claim 50 additional points.