1 Year Work Permit Only, when to apply for CEC?

[NikkiC]

Hi, my partner and I are from New Zealand so are entitled to a 1 year work permit only. We starting working within a week of arriving in Canada. We would like to apply for CEC to become a PR, although understand you need 1 full year of work to apply for CEC. Can we start the process of applying for CEC before the expiry of our current work permit (before 12 months works completed), with the intention that the CEC will be processed after our 12 months is up? Then obtain a Bridging Permit to remain working in Canada? Is this the best way of going about it? Or is there an alternative available? Basically, with a 1 year work permit, how do we go about applying for CEC, and continuing to work as we have good employment we would like to continue with? Thanks.

 

[Goku]

Hi, my partner and I are from New Zealand so are entitled to a 1 year work permit only. We starting working within a week of arriving in Canada. We would like to apply for CEC to become a PR, although understand you need 1 full year of work to apply for CEC. Can we start the process of applying for CEC before the expiry of our current work permit (before 12 months works completed), with the intention that the CEC will be processed after our 12 months is up? You cannot do that. It doesn't work like that. You must complete one year of full-time work employment or equivalent to it before applying for PR under CEC. TIP: Once your application reaches CIO, experience stops counting. So say you application reached CIO on July 1,2014 then experience after that wont be taken under consideration Then obtain a Bridging Permit to remain working in Canada? Is this the best way of going about it? Or is there an alternative available? Ask your employer to apply for LMO and apply for WP on basis of that. Chances are you might get closed worked permit or choose province were you can apply for PR under PNP after getting 6 -8 months work experience.Basically, with a 1 year work permit, how do we go about applying for CEC, and continuing to work as we have good employment we would like to continue with? Thanks.

 

[ABS_1382]

I agree with Goku...There is no workaround for lesser Work Experience....

As you said that you started working one week after your landing, so even after you conmplete one year (Calendar year) of your WP, you still cannot apply as you will be short of a week of Canadian work experience...

Best would be to get the WP extended or as Goku mentioned get a new WP filed with the help of your employer....

 

[LPS]

Goku is on the money - you can't apply before you're eligible, because the employment letters, etc, that you enclose in the application package have to attest to twelve clear months of experience (actually the experience stops counting on the date your letters are signed).

You would have to transition to another work permit and gain the remainder of the experience on that, before applying for CEC. Basically, do a great job for your employer so that they can't let go of you, and get an LMO!

Secondly - there's the 'Express Entry' system which is coming in next year. Express Entry is (basically) the new system where prospective immigrants express an interest in working in Canada, and employers can select from among them if there are no suitable Canadian workers. It is said that this will be a "mandatory first step" for CEC applicants. We don't know exactly what this means yet, considering CEC applicants are generally already working in Canada, but it is something to keep in mind.

 

[Goku]

Apply for new work permit 3 days before current one expires. Do a paper application. That will give you a n extra month to work. By this time you will gain 1 year and it will be 100% authorized . Then they will more likely gonna reject your work permit, but no worries. Then go back and apply for cec. It will be processed in 7-8 months .

I am not sure if you know that or not but if your new WP application gets rejected then experience gained under Implied status is considered working without authorization and that wont be considered towards experience required for CEC. Experience under implied status counts only if WP application is passed.

 

[TeddyXYZ]

Not really. I know people that actually succeed by doing that but in my opinion it's a slippery slope.

 

[thisisauser]

LMO. All the other "tricks" are too shabby to count on.

 

[LPS]

I am not sure if you know that or not but if your new WP application gets rejected then experience gained under Implied status is considered working without authorization and that wont be considered towards experience required for CEC. Experience under implied status counts only if WP application is passed.

^ Exactly. OP25a states that work experience during implied status does count, but there is some precedent for them disqualifying the experience if the work permit application ultimately failed.

If your plan relies on making a frivolous work permit application just to get implied status, then have a plan "B".

 

[Hope1957]

It is not going to be long before Chris Alexander instructs CIC to remove implied status altogether because some of us have misused it.
To the person who posted this question, please listen to Goku and LPS.
Good luck!

 

[ZingyDNA]

It is not going to be long before Chris Alexander instructs CIC to remove implied status altogether because some of us have misused it.
To the person who posted this question, please listen to Goku and LPS.
Good luck!

I wouldn't call it misuse, as long as the experience gained under implied status doesn't count if the new permit application is refused. Otherwise it's just totally justifiable to use implied status to continue your current status. I mean it's not our fault CIC process everything so slowly..

 

[TheAwesomeMatt]

You could also look into the Provincial nominee program in your area, you may be eligible for PR that way.

 

[Yagerr]

Apply for new work permit 3 days before current one expires. Do a paper application. That will give you a n extra month to work. By this time you will gain 1 year and it will be 100% authorized . Then they will more likely gonna reject your work permit, but no worries. Then go back and apply for cec. It will be processed in 7-8 months .

Agreed with Goku.

If your work permit is applied with no base or no chance of approval, the experience on implied status will not be considered.

 

[Hope1957]

Agreed. If we use implied status with good intentions it is not a misuse. However, when we start to misuse it that's when we risk losing the privilege.

As for work experience gained under implied status - it is counted even if the work permit is rejected. Applying for a new work permit when you know it is going to be rejected with the sole purpose of working under implied status, now that experience can be excluded from the qualifying work experience for CEC. This is at the discretion of the VO.

I wouldn't call it misuse, as long as the experience gained under implied status doesn't count if the new permit application is refused. Otherwise it's just totally justifiable to use implied status to continue your current status. I mean it's not our fault CIC process everything so slowly..

 

[TheAwesomeMatt]

Might be a small possibility but do you also have Australian citizenship? You can get an IEC work permit with an Australian passport even if you've had an IEC on a NZ passport.

If not them you'd need a LMIA from your employer to keep working or look at the PNP/FSW method of PR. With the PNP you can apply for a BOWP, but I guess the timing would need to work.

 

[LPS]

As for work experience gained under implied status - it is counted even if the work permit is rejected. Applying for a new work permit when you know it is going to be rejected with the sole purpose of working under implied status, now that experience can be excluded from the qualifying work experience for CEC. This is at the discretion of the VO.

I would not count on the VO seeing the 'pure intentions' (or otherwise) of a work permit application, or whether the applicant had a reasonable expectation of success.

It's possible that a work permit application could be refused through no fault of the applicant. Then there are other cases that are doomed to fail (such as applying to extend an IEC).