Open Work Permit Expiry

[lukefarrtv]

Hi All,

I hope this thread finds you all well and you are enjoying the Canadian Summer. So here is my situation: I am a New Zealand citizen on a 2 year Open Work permit here in Canada which is expiring 30 August 2018. I did not qualify for PR and am looking at my options to stay on here for another 6/12months. I was employed here for 1 year under a company before being let go. I have been on Employment Insurance since and have been seeking work. I am likely to land a role before my open work permit expires however just wondering what my options are if I do not land work before my open work permit expires? Any advice/help is much appreciated. Thank you, Luke.

 

[scylla]

Hi All,

I hope this thread finds you all well and you are enjoying the Canadian Summer. So here is my situation: I am a New Zealand citizen on a 2 year Open Work permit here in Canada which is expiring 30 August 2018. I did not qualify for PR and am looking at my options to stay on here for another 6/12months. I was employed here for 1 year under a company before being let go. I have been on Employment Insurance since and have been seeking work. I am likely to land a role before my open work permit expires however just wondering what my options are if I do not land work before my open work permit expires? Any advice/help is much appreciated. Thank you, Luke.

In order to continue working after your open work permit expires, you would need to obtain an closed work permit. To obtain a closed work permit, you don't just need a job offer - but also an approved LMIA from the employer who is hiring you. The LMIA process is quite involves and it can often take 3-5 months for the employer to go through the process beginning to end.

Your other option is to apply to change your status to visitor before your open work permit expires. This will allow you to remain in Canada. Of course you'll have to stop working as soon as the open work permit expires.

 

[lukefarrtv]

In order to continue working after your open work permit expires, you would need to obtain an closed work permit. To obtain a closed work permit, you don't just need a job offer - but also an approved LMIA from the employer who is hiring you. The LMIA process is quite involves and it can often take 3-5 months for the employer to go through the process beginning to end.

Your other option is to apply to change your status to visitor before your open work permit expires. This will allow you to remain in Canada. Of course you'll have to stop working as soon as the open work permit expires.

Thank you for your prompt response.
Can I continue working if I show proof that the employer has started the LMIA process?

 

[scylla]

Thank you for your prompt response.
Can I continue working if I show proof that the employer has started the LMIA process?

No - you cannot.

 

[lukefarrtv]

In order to continue working after your open work permit expires, you would need to obtain an closed work permit. To obtain a closed work permit, you don't just need a job offer - but also an approved LMIA from the employer who is hiring you. The LMIA process is quite involves and it can often take 3-5 months for the employer to go through the process beginning to end.

Your other option is to apply to change your status to visitor before your open work permit expires. This will allow you to remain in Canada. Of course you'll have to stop working as soon as the open work permit expires.

Also, how about Implied status? Which gives me a buffer of 90 days..

 

[scylla]

Also, how about Implied status? Which gives me a buffer of 90 days..

There's no 90 day "buffer". People seem to misunderstand how this works. The 90 days is the amount of time you have to apply for restoration after your status in Canada expires. During this time you do not have implied status - you are out of status in Canada (i.e. technically here illegally). You obviously cannot work while out of status in Canada.

To have implied status, you would have to apply for something before your current work permit expires. For example, if you apply to change your status to visitor, you will have implied status until a decision is made in the visitor visa application. This implied status will allow you to remain in Canada legally - however you'll still have to stop working as soon as the IEC expires.

 

[lukefarrtv]

Thank you for this feedback. That is what I meant by buffer. Sorry that word may have baffled you and maybe I used it out of context to the scenario I am in. What would you advise I do if I a} don't get a job offer and b} still want to stay in Canada for atleast 6 months after my work permit expires. Thanks for your help once again.

 

[scylla]

Thank you for this feedback. That is what I meant by buffer. Sorry that word may have baffled you and maybe I used it out of context to the scenario I am in. What would you advise I do if I a} don't get a job offer and b} still want to stay in Canada for atleast 6 months after my work permit expires. Thanks for your help once again.

In that case you want to apply to change your status to visitor before your IEC expires (i.e. the visitor visa application needs to reach CIC before your IEC expires). You will have to stop working as soon as the IEC expires - however you'll be able to remain in Canada legally as a visitor.

 

[lukefarrtv]

Ok thank you for your help once again.

 

[samsunny]

Hello members of this thread need help, my spouse is into a similar situation, her work permit is expiring on 31 Aug 2018. Our situation is as follows: -

1) We have applied for our PR in June 2018 and awaiting decision.
2) We have applied for her visitor extension on 17 Aug, but awaiting decision to be made (processing times 9 days online application)

What do you advice should I do? Is it legal to stay until a decision is made for her visitor visa?

Thanks in advance.