Please help us stay in Canada

[NolanRutters88]

Good day all.





My wife and I are originally from South Africa and are currently working in Toronto on IEC work permits scheduled to expire before the end of August 2020 (It is my understanding that, under normal circumstances, these permits cannot be renewed). We have been in the process of working toward PR for almost three years now. We booked to write our language tests in March 2020 as our initial language results have expired. This booking has been postponed due to the current Covid-19 pandemic. As it stands, if we were to write the test in early July (the Ontario state of emergency has been extended to the end of June) we would be drawn anywhere from mid to end of July, almost regardless of our results based on the current CRS cutoff. This leaves us a very narrow window, after receiving an ITA, in which to compile and submit our application for PR. My concern is that our test date will be postponed further leaving us without status in Canada by September.

So my question is this: Is there any possible way, under these unusual circumstances, to extend our status and continue to work in Canada until such time that we are able to write our English exams, receive our results, get drawn and apply for PR?

Alternatively, if we were to change our status to that of visitor, before our work permits expire, allowing us to remain in Canada long enough to complete the process, could we subsequently apply for a new work permit after submitting our application for PR while we await the verdict?

We are trying our utmost to be be able to stay in Canada legally so as not to jeopardize our chances of attaining PR status. Any advice or referrals would be GREATLY appreciated! Thank you in advance!

 

[Islander216]

Can't you apply for extension of your work permits with your employer? As in change the conditions of them from IEC to a regular work permit.

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

 

[NolanRutters88]

I did not know that was an option (It was my understanding that I needed an LMIA to get an employer specific work permit). I will definitely look into it. Thank very much you for response Islander216!

 

[Islander216]

I did not know that was an option (It was my understanding that I needed an LMIA to get an employer specific work permit). I will definitely look into it. Thank very much you for response Islander216!

Is your employer not willing to provide you with one?

 

[NolanRutters88]

Is your employer not willing to provide you with one?

Based on the nature of my industry (multimedia and television) it would appear that I wouldn’t qualify. Since I am a foreign worker and there are MANY Canadians who could fill my position, my boss would be unable to make a case that there is a need to hire me over an equally qualified Canadian.

 

[scylla]

Good day all.





My wife and I are originally from South Africa and are currently working in Toronto on IEC work permits scheduled to expire before the end of August 2020 (It is my understanding that, under normal circumstances, these permits cannot be renewed). We have been in the process of working toward PR for almost three years now. We booked to write our language tests in March 2020 as our initial language results have expired. This booking has been postponed due to the current Covid-19 pandemic. As it stands, if we were to write the test in early July (the Ontario state of emergency has been extended to the end of June) we would be drawn anywhere from mid to end of July, almost regardless of our results based on the current CRS cutoff. This leaves us a very narrow window, after receiving an ITA, in which to compile and submit our application for PR. My concern is that our test date will be postponed further leaving us without status in Canada by September.

So my question is this: Is there any possible way, under these unusual circumstances, to extend our status and continue to work in Canada until such time that we are able to write our English exams, receive our results, get drawn and apply for PR?

Alternatively, if we were to change our status to that of visitor, before our work permits expire, allowing us to remain in Canada long enough to complete the process, could we subsequently apply for a new work permit after submitting our application for PR while we await the verdict?

We are trying our utmost to be be able to stay in Canada legally so as not to jeopardize our chances of attaining PR status. Any advice or referrals would be GREATLY appreciated! Thank you in advance!

You have a few options. Note that you need to keep your status legal if you want to be able to apply through EEC.

If your employer is willing to go throug the LMIA process and do this extremely quickly, there's a chance you might be able to switch over to a closed work permit.

If you're able to complete your language tests in time, submit your EE profiles, get ITA and submit your applications before your IECs expire, then you'll qualify to apply for bridging open work permits and can continue working.

You can change your status to visitor before your IECs expire and then stop working as soon as your IECs are expired. Yes, you'll be able to apply for PR. However you won't qualify for a bridging open work permit since you'll no longer hold valid work permits. So the only way you'll be able to work again before PR is if you find an employer willing to go through the LMIA process. If you go this route, you have to be prepared to remain in Canada without working for 6-12 months.

 

[Islander216]

Do you have enough points to qualify for PR in let's say the next round of invitations according to recent cut-offs?

I think it will be difficult to remain given the difficult of getting an LMIA and renewing your work permit.

So you would have to return to SA and wait to get all your documents together, and then submit your application for PR, then wait to come to Canada.

 

[NolanRutters88]

You have a few options. Note that you need to keep your status legal if you want to be able to apply through EEC.

If your employer is willing to go throug the LMIA process and do this extremely quickly, there's a chance you might be able to switch over to a closed work permit.

If you're able to complete your language tests in time, submit your EE profiles, get ITA and submit your applications before your IECs expire, then you'll qualify to apply for bridging open work permits and can continue working.

You can change your status to visitor before your IECs expire and then stop working as soon as your IECs are expired. Yes, you'll be able to apply for PR. However you won't qualify for a bridging open work permit since you'll no longer hold valid work permits. So the only way you'll be able to work again before PR is if you find an employer willing to go through the LMIA process. If you go this route, you have to be prepared to remain in Canada without working for 6-12 months.

Thankyou for your response scylla. You have confirmed my suspicions. I was hoping that perhaps there was a concession to the rules, under the current circumstances, that would apply to my case that I was unaware of. Our best hope at this point is to get a test date ASAP

 

[NolanRutters88]

Do you have enough points to qualify for PR in let's say the next round of invitations according to recent cut-offs?

I think it will be difficult to remain given the difficult of getting an LMIA and renewing your work permit.

So you would have to return to SA and wait to get all your documents together, and then submit your application for PR, then wait to come to Canada.

Fortunately we will have enough CRS points to get draw as soon as we can get our English results, even if we score poorly. It's just a matter of getting our results in time Thank you again for your feedback.

 

[scylla]

Thankyou for your response scylla. You have confirmed my suspicions. I was hoping that perhaps there was a concession to the rules, under the current circumstances, that would apply to my case that I was unaware of. Our best hope at this point is to get a test date ASAP

IRCC has announced a few exceptions due to COVID-19. However nothing around work permit extensions and unfortunately nothing that helps you.