PGWP expiring in 2 months, and just MPNP nominated with WPSL - Does my employer need to fill the Employer Portal for me to continue working?

[ravenous071]

Good day folks,

Here is my situation:

• Under Post Graduate Work permit (PGWP), I was employed in Sep 2022 by a Manitoba employer
• Currently, I am still employed by the same employer
• My PGWP expires in October 2024
• This month (August 2024), I received nomination from Manitoba PNP to apply for my permanent residency (PR).
• I also received a Work Permit Support Letter (WPSL) from the Manitoba PNP program
• This week, I signed into my IRCC account to go through the process of seeing what options I have regarding my work permit
• Based on the series of questions, the outcome suggested from the IRCC online system was to apply for a "Work Permit"
• When I reviewed the IRCC documents required to get the work permit I saw sets of documentation needed: "Supporting documents" & "Optional documents"
• The link for Supporting documents can be seen here: Supporting documents needed
• The link for the Optional documents can be seen here: Optional documents listed
• I can provide all Supporting documents

I am confused around the Optional documents, specifically, the "IMM5802 Offer of Employment to a Foreign National LMIA-Exempt" document.
I did some research and came across this link where it says IMM5802 is no longer used and has been replaced by a Portal for Employers to fill.
I am already employed and have been so for 2 years with my employer under PGWP (which I know is an Open work permit) - this is not a 'new offer of employment"

Do I need to still have my employer do the "Employer Portal" ? (Also considering it is marked as "Optional" in the IRCC Secure Account where I am applying to continue under a Work Permit)

Any insights are welcome.

Thank you.

 

[Dharmesh95]

I am in same situation. Any new information after ? please keep me posted
I really don't know what is the future process to get work permit. My employer is not ready to make enployer portal.

 

[wrsousa]

Good morning, is your work permit support letters is to a closed work permit with your current employer?
If yes, the employer will need to have an account on the Employer Portal and submit a Lmia-Exempt job offer through the portal, they will also need to pay the employer compliance fee ($230) and will generate a number AXXXXXXX, that you will need to apply for your closed work permit. IMM5802 is only used if IRCC authorize the employer to used this Form in case then can't make the offer through the portal because of technical our other difficulties.

 

[avidqtaqtx]

Not certain, but make sure you check with an immigration lawyer regarding this. I know LoS is will help you extended your existing work permit. PGWP can't be extended and this LoS apply to a person on Open Work Permit, which by virtue can be extended.
Think you need AoR to be eligible under BOWP, now this doesn't have any such restrictions.
This is from my limited knowledge but do let me know if I messed up any info.

 

[Dharmesh95]

Not certain, but make sure you check with an immigration lawyer regarding this. I know LoS is will help you extended your existing work permit. PGWP can't be extended and this LoS apply to a person on Open Work Permit, which by virtue can be extended.
Think you need AoR to be eligible under BOWP, now this doesn't have any such restrictions.
This is from my limited knowledge but do let me know if I messed up any info.

I guess you are right
but IRCC also mentioned to employer that if you hire a person with open work permit you don't need to make employer portal.

 

[avidqtaqtx]

I guess you are right
but IRCC also mentioned to employer that if you hire a person with open work permit, you don't need to make employer portal.

Yes, as usual these rules are always confusing, but I think your employer can sponsor your PR with closed work permit. I will be in the same boat around December this year lol, so trying to make sense out of these ridiculous rules.
Processing time is the main culprit here, it's like applying to job, I am fine with rejection but not with ghosting, HR's of private/govt company are like angel if you ever dealt with the PNP

 

[Dharmesh95]

Yes, as usual these rules are always confusing, but I think your employer can sponsor your PR with closed work permit. I will be in the same boat around December this year lol, so trying to make sense out of these ridiculous rules.
Processing time is the main culprit here, it's like applying to job, I am fine with rejection but not with ghosting, HR's of private/govt company are like angel if you ever dealt with the PNP

They said no, it is not in our policy to make any portal. I am assuming that I can apply BOWP after I received AOR. I am planning to wait for AOR. Hopefully I will get it before my WP expire. Please correct me if I am misunderstood with this information.
Thanks