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post graduated vs open work permit

superboy_ec

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Mar 25, 2009
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my niece graduated from college this year and she's still working under coop work permit as a college program requirement. her permits will expire aug.31st but the college she was attending the program is not an eligible school for post graduated work permit. So the only option left is open work permit.

Any advise on this?, can she apply for it and can she do it whether online or at a port of entry ?


Please let me know.

Thanks,
Henry
 

scylla

VIP Member
Jun 8, 2010
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my niece graduated from college this year and she's still working under coop work permit as a college program requirement. her permits will expire aug.31st but the college she was attending the program is not an eligible school for post graduated work permit. So the only option left is open work permit.

Any advise on this?, can she apply for it and can she do it whether online or at a port of entry ?


Please let me know.

Thanks,
Henry
She doesn't qualify for an open work permit unless there are key details you've left out (e.g. she has a spouse in Canada who is here on a work permit and holds a NOC A, B or 0 job).

Her only option is to secure a job offer from an employer and have that employer obtain an approved LMIA so that she can apply for a closed work permit.
 

superboy_ec

Hero Member
Mar 25, 2009
411
30
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Mar 1, 2010
Doc's Request.
None
Nomination.....
Nov 19, 2009
AOR Received.
July 7, 2010
IELTS Request
waived
File Transfer...
not yet and I don't think it will
Med's Request
June 24, 2010 received July 7. 2010
Med's Done....
July 20, 2010 and cardio (sept/29)
Interview........
waived
Passport Req..
25-Feb-2011 sent 01-Mar-2011 arrived @ F.E. 03-Mar-2011
VISA ISSUED...
15-Mar-2011
LANDED..........
02-Apr-2011
She doesn't qualify for an open work permit unless there are key details you've left out (e.g. she has a spouse in Canada who is here on a work permit and holds a NOC A, B or 0 job).

Her only option is to secure a job offer from an employer and have that employer obtain an approved LMIA so that she can apply for a closed work permit.

Hello Scylla!

thanks a lot for your quick response but based on this link and the information posted there it seems like she may be able to. No she is not married to a work permit holder individual.

Work permit: Who can apply
From Immigration, Refugees and Citizenship Canada

Eligibility requirements for all applicants
There are specific requirements you need to meet depending on where you are when you apply for your work permit.

But regardless of where you apply or which type of work permit you apply for, you must:

  • prove to an officer that you will leave Canada when your work permit expires
  • show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
  • obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
  • not be a danger to Canada’s security
  • be in good health and have a medical exam, if needed
  • not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions
  • not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
  • give the officer any other documents they ask for to prove you can enter the country
Eligibility requirements if you apply from outside Canada
Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you’re applying from. Make sure you follow the instructions for how to apply.

Find out if you can benefit from the Global Skills Strategy’s two-week application processing.

Eligibility requirements if you apply from inside Canada
You can only apply for a work permit from inside Canada if:

  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
  • you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job, or
  • you’re a trader, investor, intra-company transferee or professional under NAFTA
Eligibility requirements if you apply when you enter Canada at a port of entry (POE)
We recommend that you apply for your work permit before you travel to Canada. However, you can apply for a work permit when you enter Canada if:

  • you don’t need a visitor visa to come to Canada

    AND

  • you’re applying for an open work permit, or
  • your employer has completed all of the required steps for your employer-specific work permit
You may need to take a medical exam before you come to Canada. Find out if you need one.

Seasonal Agricultural Worker Program
If you’ll be working in the Seasonal Agricultural Worker Program, you’re not eligible to apply for a work permit at a POE.

Biometrics
Generally, you need to give biometrics if you apply for a work permit. If you’re eligible to apply at a Canadian POE you can give your biometrics when you apply at these POE locations.

You must start and finish your application at the same POE.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello Scylla!

thanks a lot for your quick response but based on this link and the information posted there it seems like she may be able to. No she is not married to a work permit holder individual.

Work permit: Who can apply
From Immigration, Refugees and Citizenship Canada

Eligibility requirements for all applicants
There are specific requirements you need to meet depending on where you are when you apply for your work permit.

But regardless of where you apply or which type of work permit you apply for, you must:

  • prove to an officer that you will leave Canada when your work permit expires
  • show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
  • obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
  • not be a danger to Canada’s security
  • be in good health and have a medical exam, if needed
  • not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions
  • not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
  • give the officer any other documents they ask for to prove you can enter the country
Eligibility requirements if you apply from outside Canada
Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you’re applying from. Make sure you follow the instructions for how to apply.

Find out if you can benefit from the Global Skills Strategy’s two-week application processing.

Eligibility requirements if you apply from inside Canada
You can only apply for a work permit from inside Canada if:

  • you have a valid study or work permit
  • your spouse, common-law partner or parents have a valid study or work permit
  • you’ve graduated from a program at a:
    • Canadian university
    • community college
    • CÉGEP
    • publicly funded trade/technical school, or
    • other eligible school
  • you have a temporary resident permit that is valid for six months or more
  • you’re waiting on a decision on an application for permanent residence from inside Canada
  • you made or will make a claim for refugee protection
  • you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
  • you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job, or
  • you’re a trader, investor, intra-company transferee or professional under NAFTA
Eligibility requirements if you apply when you enter Canada at a port of entry (POE)
We recommend that you apply for your work permit before you travel to Canada. However, you can apply for a work permit when you enter Canada if:

  • you don’t need a visitor visa to come to Canada

    AND

  • you’re applying for an open work permit, or
  • your employer has completed all of the required steps for your employer-specific work permit
You may need to take a medical exam before you come to Canada. Find out if you need one.

Seasonal Agricultural Worker Program
If you’ll be working in the Seasonal Agricultural Worker Program, you’re not eligible to apply for a work permit at a POE.

Biometrics
Generally, you need to give biometrics if you apply for a work permit. If you’re eligible to apply at a Canadian POE you can give your biometrics when you apply at these POE locations.

You must start and finish your application at the same POE.
Where in the above does it state that she can apply for an open work permit? I don't see this stated anywhere in the above.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
All the above states is who can apply for a work permit within Canada and who must apply from outside of Canada. What you've quoted doesn't in any way cover rules for open work permits.
 

superboy_ec

Hero Member
Mar 25, 2009
411
30
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Mar 1, 2010
Doc's Request.
None
Nomination.....
Nov 19, 2009
AOR Received.
July 7, 2010
IELTS Request
waived
File Transfer...
not yet and I don't think it will
Med's Request
June 24, 2010 received July 7. 2010
Med's Done....
July 20, 2010 and cardio (sept/29)
Interview........
waived
Passport Req..
25-Feb-2011 sent 01-Mar-2011 arrived @ F.E. 03-Mar-2011
VISA ISSUED...
15-Mar-2011
LANDED..........
02-Apr-2011
All the above states is who can apply for a work permit within Canada and who must apply from outside of Canada. What you've quoted doesn't in any way cover rules for open work permits.
fair enough, she has mentioned to me she had a school partner that applied for an opened working permit and was granted that's why I am inquiring about it. What the process was or under which criteria was she granted with work permit, that I am not sure how. Rules might have changed since I became member of this forum and I have not been actively interacting here but. I need to make sure I am on the right path either positive or negative...
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
fair enough, she has mentioned to me she had a school partner that applied for an opened working permit and was granted that's why I am inquiring about it. What the process was or under which criteria was she granted with work permit, that I am not sure how. Rules might have changed since I became member of this forum and I have not been actively interacting here but. I need to make sure I am on the right path either positive or negative...
There are limited circumstances where an individual qualifies for an open work permit. One would be completing a program in Canada that qualifies for a PGWP. Another would be having a spouse who is on a work permit in Canada and holds a NOC A, B or 0 role. Yet another is if the spouse is here on a study permit and attending school full time. Yet another is if someone has applied for PR under an economic immigration stream (e.g. Express Entry, PNP) and their application has been accepted by IRCC. One more would be if someone has a Canadian spouse who has sponsored them inland and included an OWP with the inland spousal sponsorship application. Any one of these could apply to her school partner.

Based on the information you've provided about your niece, she doesn't meet any of the requirements for an OWP. Her only option is a closed work permit which requires a job offer and approved LMIA. I assume she has already double checked the IRCC Designated Learning Institution list and has confirmed that her school / program does not qualify for a PGWP?