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Choo

Full Member
Jan 20, 2012
28
2
I am wondering if I can renew my post graduate work permit. I am in the process of getting my PR and it is going to take a long time. In the meantime, my work permit will be expired.

“A” lawyer advised me that I need to apply for the LMO first and then apply for a new work permit, but “B” lawyer advised me that I can renew my current work permit. He said I don’t need to apply for the LMO since I have a post graduate work permit and I am employed.

I am a bit confused.

Any advice would be appreciated. Thank you!
 
No - you can't renew a PGWP. If you want to keep working, your employer will have to apply for an LMO. Assuming the LMO is approved, you can then apply for a work permit which will allow you to continue working in Canada. Lawyer A is correct.
 
I strongly believe that LAWYER B is correct coz for post grad students, they don't need LMO if they are under skill O,A or B ....
 
vesta said:
I strongly believe that LAWYER B is correct coz for post grad students, they don't need LMO if they are under skill O,A or B ....

Sorry, this is wrong. You can apply to extend your work permit, but you can't "renew" a PGWP - you will change to a temporary work permit, which requires an LMO. However, because you were originally hired with a PGWP, your employer does not have to demonstrate recruitment efforts - in other words, they still have to apply for the LMO, but it is easier.

Show your employer this webpage - near the bottom it says:
In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml
 
Another thing to add on a similar note is that the government of Canada has put a limit of 4 years work on temporary foreign workers sometime last year. So if you have been working for 4 years you cant extend your work permit even using an LMO (perhaps if you have a PNP that would be a different story, not too sure about it).

Speaking of PNP, that may be a good option for you since you can apply for provincial nomination and apply under PNP PR immigration category and keep extending work permit till a decision is made on your PNP PR application.
 
It also depends on your profession. If your position falls under that of a NAFTA professional, then you are exempt from LMO requirements.

Either way, you are not "extending" your PGWP, you're applying for a new one that's tied directly to you employer.
 
Everyone and jes_ON, thank you for sharing your opinion in regards to this matter. I will ask my lawyer to find the definite answer once more. I think jes_ON is right. Yes, I can extend my permit but I can’t renew my PGWP and therefore, my employer still needs to submit the LMO.

I will get back to you all.

Thanks.
 
Trust me, you can't renew an PGWP, I got a nasty surprise last night about that!

I'm going today to HR about this, it's ridiculous because I only need a few extra months!

I thought you had to renew the permit first, then apply for PR?
 
htayyab said:
Another thing to add on a similar note is that the government of Canada has put a limit of 4 years work on temporary foreign workers sometime last year. So if you have been working for 4 years you cant extend your work permit even using an LMO (perhaps if you have a PNP that would be a different story, not too sure about it).

Speaking of PNP, that may be a good option for you since you can apply for provincial nomination and apply under PNP PR immigration category and keep extending work permit till a decision is made on your PNP PR application.

Hello there,

Hoping you can help as u seem to know the process.

I have the Ontario PNP certificate + support letter. My PR is under process but I require a work permit and visa to stay valid till the PR comes in. I know I have to apply to CPC, Alberta.

What I am looking for is which application to put in. Is it a new work permit or an extension of the old work permit. And what about the visa?

Any help will be highly appreciated. My e-mail id is rockon.eshaan @ gmail.com.

Thanks and regards,
Jay
 
Choo said:
Everyone and jes_ON, thank you for sharing your opinion in regards to this matter. I will ask my lawyer to find the definite answer once more. I think jes_ON is right. Yes, I can extend my permit but I can't renew my PGWP and therefore, my employer still needs to submit the LMO.

I will get back to you all.

Thanks.

Hey, can we please discuss what the lawyer said. I would be really glad. If need be, I am open to sharing the lawyer charges Hoping you can help. My e-mail address is rockon.eshaan @ gmail.com.


I have the Ontario PNP certificate + support letter. My PR is under process but I require a work permit and visa to stay valid till the PR comes in. I know I have to apply to CPC, Alberta.What I am looking for is which application to put in. Is it a new work permit or an extension of the old work permit. And what about the visa?

Any help will be highly appreciated.

Thanks and regards,
Jay
 
This is the application package: http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Have you confirmed whether you need a LMO?

For TRV (temporary resident visa): http://www.cic.gc.ca/english/information/applications/visa.asp

Note that for applicants in Canada, this is the checklist you use: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5721E.pdf and the application is mailed to CPP - Ottawa.

You need a valid work permit to apply for a TRV. Hope this helps!!
 
jayroy said:
I have the Ontario PNP certificate + support letter. My PR is under process but I require a work permit and visa to stay valid till the PR comes in. I know I have to apply to CPC, Alberta.

What I am looking for is which application to put in. Is it a new work permit or an extension of the old work permit. And what about the visa?
Senorita Bella has answered about the visa.

As for the work permit, you need to submit the application to extend/change conditions of your work permit (assuming you currently hold a valid (non-expired) work permit).

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

You can mail it to CPC-Vegreville or submit it online.

On the application form, Page 2, section D, "My Request" you explain what type of permit you curerntly have and that you are applying for an open work permit, based on your selection by Opportunities Ontario, and indicate the support documents you are submitting (The letter of support and the Ontario Letter of Nomination must be included with the application - even tho this is not mentioned on the document checklist).
 
Choo said:
I am wondering if I can renew my post graduate work permit. I am in the process of getting my PR and it is going to take a long time. In the meantime, my work permit will be expired.

“A” lawyer advised me that I need to apply for the LMO first and then apply for a new work permit, but “B” lawyer advised me that I can renew my current work permit. He said I don't need to apply for the LMO since I have a post graduate work permit and I am employed.

I am a bit confused.

Any advice would be appreciated. Thank you!

Lawyer B is WRONG, Lawyer A is correct.