Closed work permit expires while waiting for RP (no AOR yet, got CSQ), what to do?

[frasts]

As title says: Closed work permit expires while waiting for RP (no AOR yet, got CSQ), what to do?

• Lived and worked in QC since 2017 with repeated 2 year long temporary work permits (as highly skilled worker, researcher at university).
• CSQ received end of October 2024 (PEQ through Quebec skilled worker program).
• RP sent end of Dec 2024 (delayed planned timeline due to post Canada strike blocking some documents).
• Current closed work permit with university expiring mid February, no status after: need to have a valid status in Canada to be legal from that date.

Have some questions and need help with best strategy. I broke down the different steps and questions below. A bit long but needs details to understand my specific case.

1. Do I understand correctly that: cannot extend current temporary worker status as no job extension or new job (can only apply to closed work permit full time skilled type of jobs, many companies only take PRs or Can nationals), so need to switch to visitor if want to stay in Canada. Request for status change needs to happen around a month before expiration (so now). If visitor, won’t be allowed to work when in Canada and also won’t be allowed to apply for new work permit if work offer arrives while visitor from inside Canada as per new rules (even if I have CSQ – is this still true or with CSQ I can apply from inside?).
2. If confirmation of completeness of RP dossier arrives before mid Feb, can apply for Bridging open work permit and keep working in Canada. Rules for this are not super clear https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html. Do I understand correct that for BOWP: should have valid work permit (will not after mid Feb) or maintained status (cannot as do not have new offer) or be eligible for restored status (how does it work and is it worth it? Sounds risky to not apply for visitor status and let current status expire without doing anything). Does it mean then that if AOR does not arrive in time, I will not be able to apply for BOWP with visitor status in Canada in the next months? Or I can send application without AOR and will likely have it by the time they process it? But I still do need to apply for visitor status to be legal in the meantime?
3. So it may be looking like have to apply now for new status (visitor) and will have to go out of Canada to apply for a specific closed work permit if in the next months get a job offer (if too late for BOWP). How long would this take given CSQ already (so can skip LMIA assessment https://www.quebec.ca/en/immigration/permanent/skilled-workers/regular-skilled-worker-program/after-selection-certificate ), and would I be allowed to reenter once I get the work permit while waiting for RP?
4. I don’t think I can apply to the IMP+ program for open work permit since I’m not resident abroad (unless I leave for a bit even if I don’t have an offer yet and hope to get back quickly through this), right?

What’s my best strategy for the next months? Don’t really want to stay with unclear status but don’t want to leave for a long time after – fine if a few weeks waiting for permit.

Thanks a lot for any help!

 

[frasts]

Any ideas for my situation? thanks a lot to anyone who can help!

 

[ProspectiveCanadain]

Can University sponsor another work permit?

 

[frasts]

Nope, unfortunately the work permit was tied to a fellowship with a fixed duration, and that funding will be over.

 

[ProspectiveCanadain]

That's tough.

For IMP+, is it reside abroad or reside outside Quebec? I think this is best bet if you meet the other conditions. You might have to move outside Quebec for a while though.

If you've already found a new job, look into the CSQ LMIA exempt work permit.

 

[nzkko]

Do I understand correctly that: cannot extend current temporary worker status as no job extension or new job (can only apply to closed work permit full time skilled type of jobs, many companies only take PRs or Can nationals), so need to switch to visitor if want to stay in Canada. Request for status change needs to happen around a month before expiration (so now). If visitor, won’t be allowed to work when in Canada and also won’t be allowed to apply for new work permit if work offer arrives while visitor from inside Canada as per new rules (even if I have CSQ – is this still true or with CSQ I can apply from inside?).

Correct.

If confirmation of completeness of RP dossier arrives before mid Feb, can apply for Bridging open work permit and keep working in Canada. Rules for this are not super clear https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html. Do I understand correct that for BOWP: should have valid work permit (will not after mid Feb) or maintained status (cannot as do not have new offer) or be eligible for restored status (how does it work and is it worth it? Sounds risky to not apply for visitor status and let current status expire without doing anything). Does it mean then that if AOR does not arrive in time, I will not be able to apply for BOWP with visitor status in Canada in the next months? Or I can send application without AOR and will likely have it by the time they process it? But I still do need to apply for visitor status to be legal in the meantime?

Yes, apply for visitor record. It should be possible for you to apply for BOWP and restore your status (unless processing times increased substantially) once you get AOR in a few months. You will have 90 days from the date when your permit ends to restore. Don't send application without AOR as it will be rejected.

So it may be looking like have to apply now for new status (visitor) and will have to go out of Canada to apply for a specific closed work permit if in the next months get a job offer (if too late for BOWP). How long would this take given CSQ already (so can skip LMIA assessment https://www.quebec.ca/en/immigration/permanent/skilled-workers/regular-skilled-worker-program/after-selection-certificate ), and would I be allowed to reenter once I get the work permit while waiting for RP?

You cannot skip LMIA in your case. The LMIA-exempt work permit is for CSQ holders who have a valid work permit and a job offer. So probably not your case.

I don’t think I can apply to the IMP+ program for open work permit since I’m not resident abroad (unless I leave for a bit even if I don’t have an offer yet and hope to get back quickly through this), right?

See above

tl;dr version: wait for AOR and restore to worker via BOWP, it should be feasible in your case

 

[andresvc21]

See my response on

This other thread

maybe it helps

Good luck!

 

[frasts]

Correct.


Yes, apply for visitor record. It should be possible for you to apply for BOWP and restore your status (unless processing times increased substantially) once you get AOR in a few months. You will have 90 days from the date when your permit ends to restore. Don't send application without AOR as it will be rejected.


You cannot skip LMIA in your case. The LMIA-exempt work permit is for CSQ holders who have a valid work permit and a job offer. So probably not your case.


See above

tl;dr version: wait for AOR and restore to worker via BOWP, it should be feasible in your case

Thanks a lot for taking the time for the detailed reply.
I see conflicting info about sending BOWP request with or without AOR and whether that would be refused (e.g. explaining AOR would arrive a bit later - I do think I have a valid case due to almost 2 months delay with canada post, but not sure they care to read explanation letters).

Question about visitor status - that seems the most sensible thing to do to not remain with no status. But then the condition to apply for BOWP is to have a valid work permit (which I won't have as visitor). So - can I restore my status from visitor back to worker within the 90 days and apply for BOWP then since I would supposedly be eligible? This sequence is not very clear to me. Thanks for any clarification!

 

[nzkko]

Thanks a lot for taking the time for the detailed reply.
I see conflicting info about sending BOWP request with or without AOR and whether that would be refused (e.g. explaining AOR would arrive a bit later - I do think I have a valid case due to almost 2 months delay with canada post, but not sure they care to read explanation letters).

Question about visitor status - that seems the most sensible thing to do to not remain with no status. But then the condition to apply for BOWP is to have a valid work permit (which I won't have as visitor). So - can I restore my status from visitor back to worker within the 90 days and apply for BOWP then since I would supposedly be eligible? This sequence is not very clear to me. Thanks for any clarification!

Yes, but you will be able to restore to worker status within 90 days. No matter what you should maintain legal status in Canada. Up to you if you want to apply for BOWP without AOR. The problem is that if you get rejected and then reapply with AOR and try to restore then you won't be able to work until your work permit is approved.

 

[frasts]

Thanks, for the explanation, so to be 100% clear, one last thing>

1. Permit expires mid February. Apply for visitor status in a couple of weeks if I haven't received AOR
2. Past mid February, after I receive AOR, within the 90 days (hopefully)
a. Apply for status restoration - from visitor back worker
b. apply for BOWP
It is not clear if I need a. to happen before b (because officially can't apply for BOWP as visitor). or they can happen at the same time, or directly applying for b. implies that the status gets restored automatically to worker.

Thank you so much, I really appreciate the help!

 

[lulucitron]

I am in the same situation. In my case, I believe my current work permit will expire before I receive the Acknowledgment of Receipt (AOR). For me, it is okay to leave my current job if necessary. My plan is as follows:

1. Apply for a Visitor Record.
2. Wait for the AOR.
3. Apply for both the BOWP and Restoration of Status simultaneously.

Have anyone done who has successfully applied for a Visitor Record, BOWP, and Restoration of Status on their own? If so, what was their experience?

Additionally, do you think it is better to handle these applications myself or to hire a law firm? I consulted with the law firm I usually work with, and they quoted a very high fee for handling these applications on my behalf. The cost is too high, so I am considering doing it myself, but I am a bit apprehensive about making any mistakes.

What are your thoughts on this?

 

[frasts]

Hi, I also used an immigration lawyer for my CSQ and it cost me around 4k, so I am trying to handle the RP on my own since I'll be unemployed soon.
I'll talk to a local representative today or in the next days about this situation and will come back to you with their advice.

 

[lulucitron]

Okay thank you, I'll wait for your post. I actually paid a high fee for CSQ using lawyer, so if I pay them again for this work permit, it's going to be a huge expense.

 

[frasts]

Hi, I was told the situation is complicated and there may be some grey area, so better to consult an immigration lawyer. I will do a one off consultation and come back here with the reply.

 

[bhutta08]

As title says: Closed work permit expires while waiting for RP (no AOR yet, got CSQ), what to do?

• Lived and worked in QC since 2017 with repeated 2 year long temporary work permits (as highly skilled worker, researcher at university).
• CSQ received end of October 2024 (PEQ through Quebec skilled worker program).
• RP sent end of Dec 2024 (delayed planned timeline due to post Canada strike blocking some documents).
• Current closed work permit with university expiring mid February, no status after: need to have a valid status in Canada to be legal from that date.

Have some questions and need help with best strategy. I broke down the different steps and questions below. A bit long but needs details to understand my specific case.

1. Do I understand correctly that: cannot extend current temporary worker status as no job extension or new job (can only apply to closed work permit full time skilled type of jobs, many companies only take PRs or Can nationals), so need to switch to visitor if want to stay in Canada. Request for status change needs to happen around a month before expiration (so now). If visitor, won’t be allowed to work when in Canada and also won’t be allowed to apply for new work permit if work offer arrives while visitor from inside Canada as per new rules (even if I have CSQ – is this still true or with CSQ I can apply from inside?).
2. If confirmation of completeness of RP dossier arrives before mid Feb, can apply for Bridging open work permit and keep working in Canada. Rules for this are not super clear https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html. Do I understand correct that for BOWP: should have valid work permit (will not after mid Feb) or maintained status (cannot as do not have new offer) or be eligible for restored status (how does it work and is it worth it? Sounds risky to not apply for visitor status and let current status expire without doing anything). Does it mean then that if AOR does not arrive in time, I will not be able to apply for BOWP with visitor status in Canada in the next months? Or I can send application without AOR and will likely have it by the time they process it? But I still do need to apply for visitor status to be legal in the meantime?
3. So it may be looking like have to apply now for new status (visitor) and will have to go out of Canada to apply for a specific closed work permit if in the next months get a job offer (if too late for BOWP). How long would this take given CSQ already (so can skip LMIA assessment https://www.quebec.ca/en/immigration/permanent/skilled-workers/regular-skilled-worker-program/after-selection-certificate ), and would I be allowed to reenter once I get the work permit while waiting for RP?
4. I don’t think I can apply to the IMP+ program for open work permit since I’m not resident abroad (unless I leave for a bit even if I don’t have an offer yet and hope to get back quickly through this), right? https://topcryptopresale.com/

What’s my best strategy for the next months? Don’t really want to stay with unclear status but don’t want to leave for a long time after – fine if a few weeks waiting for permit.

Thanks a lot for any help!

You should apply for visitor status before your work permit expires to maintain legal status. Without AOR for BOWP, you can't apply for it yet. If a job offer arises, you'll need to leave Canada to apply for a new work permit. Consult an immigration expert for personalized advice.