Post Graduation Work Permit to Open Work Permit

[track002]

Why doesn’t the employer have to show hiring process if you are out of status and can no longer work? Even for PR stream, employer shows recruitment efforts. Your employer will have to wait and see if LMIA is approved. All you can do is wait.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent/recruitment.html

My employer has done the required hiring process (advertisements, assessments, interviews and technical tests) and apparently documented the needful. The candidates that he was interested in were on valid work permits, not a PR or Canadian Citizen. As a matter of fact, the job posting is still active (from past 3 months) and the interview process is on-going because one current Canadian worker is going on a maternity leave – we, now have 2 openings in my company. One to fill my position and second to fill the employee who's going on a mat leave soon.

The potential consequence my employer is curious to know, is the following – since I'm out of status atm and have to leave the country, or restore my status as a visitor, I'd decided to leave the country. However, if my employer decided to give me an approved LMIA (PR intended only), could I use it towards only PR or apply for a closed work permit or restore my status as a worker instead of a visitor - even though we never paid 1000 dollars that's dual intent?

 

[Naturgrl]

My employer has done the required hiring process (advertisements, assessments, interviews and technical tests) and apparently documented the needful. The candidates that he was interested in were on valid work permits, not a PR or Canadian Citizen. As a matter of fact, the job posting is still active (from past 3 months) and the interview process is on-going because one current Canadian worker is going on a maternity leave – we, now have 2 openings in my company. One to fill my position and second to fill the employee who's going on a mat leave soon.

The potential consequence my employer is curious to know, is the following – since I'm out of status atm and have to leave the country, or restore my status as a visitor, I'd decided to leave the country. However, if my employer decided to give me an approved LMIA (PR intended only), could I use it towards only PR or apply for a closed work permit or restore my status as a worker instead of a visitor - even though we never paid 1000 dollars that's dual intent?

Since didn’t pay, it is to support your PR application not allow you to apply for a work permit.

 

[track002]

Since didn’t pay, it is to support your PR application not allow you to apply for a work permit.

If I'm in Canada when LMIA is approved, still within 90 days of restoration, and happen to receive an ITA, would I be able to apply for the BOWP? or I'll automatically be ineligible because I'm still out-of-status and restoration or BOWP are two different things?

 

[Naturgrl]

If I'm in Canada when LMIA is approved, still within 90 days of restoration, and happen to receive an ITA, would I be able to apply for the BOWP? or I'll automatically be ineligible because I'm still out-of-status and restoration or BOWP are two different things?

You cannot apply for BOWP until you have received ITA, submitted PR application and received AOR. Then you apply for BOWP and wait. Because employer didn’t pay fee not sure your BOWP will be approved.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

 

[track002]

You cannot apply for BOWP until you have received ITA, submitted PR application and received AOR. Then you apply for BOWP and wait. Because employer didn’t pay fee not sure your BOWP will be approved.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

Thank you so much! I'm presuming the very last, underlined bullet point will qualify me to restore my status as a worker (not because I got LMIA but an ITA), after I receive an ITA (only IF - these are all hypothetical situations, just trying different options). I'll keep reading more, but please, let me know if you have any thoughts, and I truly appreciate your input.

Who can apply for a BOWP
To be eligible, you must

• live in Canada (and intend to live outside Quebec) at the time you apply for your BOWP
  • You can leave Canada while we process your application.
  • However, if you leave Canada after your work permit expires, you can’t work until your new application is approved.
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit

 

[Naturgrl]

Thank you so much! I'm presuming the very last, underlined bullet point will qualify me to restore my status as a worker (not because I got LMIA but an ITA), after I receive an ITA (only IF - these are all hypothetical situations, just trying different options). I'll keep reading more, but please, let me know if you have any thoughts, and I truly appreciate your input.

Who can apply for a BOWP
To be eligible, you must

• live in Canada (and intend to live outside Quebec) at the time you apply for your BOWP
  • You can leave Canada while we process your application.
  • However, if you leave Canada after your work permit expires, you can’t work until your new application is approved.
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit

So you need to restore your status within 90 days of your work permit’s expiry. Not even sure you are eligible to restore status to a worker because of current situation and letter from IRCC. This has nothing to do with receiving ITA. BOWP is far off because you need ITA, submit PR application, have approved restoration, and have AOR. I would be consulting an immigration lawyer

 

[track002]

So you need to restore your status within 90 days of your work permit’s expiry. Not even sure you are eligible to restore status to a worker because of current situation and letter from IRCC. This has nothing to do with receiving ITA. BOWP is far off because you need ITA, submit PR application, have approved restoration, and have AOR. I would be consulting an immigration lawyer

I hear you. I'm going to consult a lawyer soon.

 

[iona_s22]

If you have at least 67 selection points then submit a profile. What is your CRS score based on your age, language scores (IELTS/TEF), experience, education (ECA?) and funds.

I am currently building my application for FSW. I had previously put in an application from the country I lived in back in 2018 and tried again in 2019. I cancelled the 2019 application as i decided to come to study. there is a question which asks if i applied to express entry previously ? should i say yes even though i did not get an ITA? it asks for the profile number as well. i have visited threads with mixed reviews on this. kindly advice.

 

[iona_s22]

If you have at least 67 selection points then submit a profile. What is your CRS score based on your age, language scores (IELTS/TEF), experience, education (ECA?) and funds.

@Naturgrl @scylla I applied for EE under FSW - my CRS is 437 as for now. To find a job with an employer who is under the positive LMIA list is going to be really tough.
I am planning on applying for my visitor record next , I need clarification on something. In the below link it states that I can continue working with a visitor record. if I do this can i show this and update it on my EE application?

A visitor record

• is a document that allows you to stay in Canada longer as
  • a visitor
  • a worker authorized to work without a work permit in Canada or
  • a student authorized to study without a study permit in Canada
• includes a new expiry date
  • That’s the new date that you must leave Canada by.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

 

[Naturgrl]

@Naturgrl @scylla I applied for EE under FSW - my CRS is 437 as for now. To find a job with an employer who is under the positive LMIA list is going to be really tough.
I am planning on applying for my visitor record next , I need clarification on something. In the below link it states that I can continue working with a visitor record. if I do this can i show this and update it on my EE application?

A visitor record

• is a document that allows you to stay in Canada longer as
  • a visitor
  • a worker authorized to work without a work permit in Canada or
  • a student authorized to study without a study permit in Canada
• includes a new expiry date
  • That’s the new date that you must leave Canada by.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

Do you have a valid work permit? If not you are not extending your visitor record. You are changing your status to visitor. You cannot work.

 

[Naturgrl]

I am currently building my application for FSW. I had previously put in an application from the country I lived in back in 2018 and tried again in 2019. I cancelled the 2019 application as i decided to come to study. there is a question which asks if i applied to express entry previously ? should i say yes even though i did not get an ITA? it asks for the profile number as well. i have visited threads with mixed reviews on this. kindly advice.

You can say no. You only submitted a profile.

 

[iona_s22]

Do you have a valid work permit? If not you are not extending your visitor record. You are changing your status to visitor. You cannot work.

my pgwp will expire on jan 24th. Can i accept a job offer without LMIA and apply for a closed work permit? or I need a job only with LMIA

 

[scylla]

@Naturgrl @scylla I applied for EE under FSW - my CRS is 437 as for now. To find a job with an employer who is under the positive LMIA list is going to be really tough.
I am planning on applying for my visitor record next , I need clarification on something. In the below link it states that I can continue working with a visitor record. if I do this can i show this and update it on my EE application?

A visitor record

• is a document that allows you to stay in Canada longer as
  • a visitor
  • a worker authorized to work without a work permit in Canada or
  • a student authorized to study without a study permit in Canada
• includes a new expiry date
  • That’s the new date that you must leave Canada by.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

Where does it say that you can continue working on a visitor record? I don't see that. You need to be holding a work permit to work in Canada.

 

[Naturgrl]

my pgwp will expire on jan 24th. Can i accept a job offer without LMIA and apply for a closed work permit? or I need a job only with LMIA

No you need a LMIA to apply for a closed work permit. A job offer is not enough.

 

[iona_s22]

@Naturgrl and @scylla In my express entrey profile my canadian qualification is showing 0 and i cant seem to understand why.

Also i had a question - i started working full time with a company and then shifted to part time with one weekend shift. how do i put this as work experience on my application? do i put full time and part -time separate ? or should i count the total hours and divide them by the no of weeks?

Also since im still employed by them does this count as having a job offer (it was made as full time), cuz it is not on an official letterhead but by email.