Conversion : from Student visa to Working Visa

[IT_engineer]

Hello, everyone.
I have few queries. Hope someone can help me out with this.
Currently I am on student visa, and residing in Quebec. I am only allowed to work 20 hours/week.
1. Is is possible to convert student visa to working visa, in that case I will be allowed to work full time ?
2. If I have job offer from any renowned company or bank, what kind of papers does the company need to provide in order to get me a working visa ?
3. If I left the job or if I lose the job in that case, what will be my status in Canada will I be able to find new job or have to go back to my country ?
4. If i convert my visa status and get one year experience from the same company will I be able eligible to apply for PR ?

Looking forward for a response.

 

[scylla]

1. Yes.
2. Your employers needs to give you a full time job offer and also obtain an approved LMIA (approval to hire a foreign worker). The LMIA process takes a number of months to complete and costs the employer $1,000 in fees plus advertising costs. As part of the process they have to prove they advertised the job and weren't able to find a Canadian for the role. Note that most employers aren't willing to go through the LMIA process so it's usually very difficult to find an employer and job.
3. If you leave the job or lose the job then you'll be able to stay in Canada as long as your work permit is valid - but you won't be able to work. If you want to work for a different company, they will need to go through the LMIA process and then you'll need to obtain a new work permit before you can start working for them.
4. Impossible to say - you might or you might not. It depends on the skill level of the work. There are also criteria you have to meet to apply for PR.

 

[IT_engineer]

1. Yes.
2. Your employers needs to give you a full time job offer and also obtain an approved LMIA (approval to hire a foreign worker). The LMIA process takes a number of months to complete and costs the employer $1,000 in fees plus advertising costs. As part of the process they have to prove they advertised the job and weren't able to find a Canadian for the role. Note that most employers aren't willing to go through the LMIA process so it's usually very difficult to find an employer and job.
3. If you leave the job or lose the job then you'll be able to stay in Canada as long as your work permit is valid - but you won't be able to work. If you want to work for a different company, they will need to go through the LMIA process and then you'll need to obtain a new work permit before you can start working for them.
4. Impossible to say - you might or you might not. It depends on the skill level of the work. There are also criteria you have to meet to apply for PR.

Thank you so much for your response.

Regarding question number 2.
is it something like, unless an employee received a LMIA he or she cannot start working ??
Is there any trade off like the employee is willing to bear the LMIA and advertising cost, on the other hand the employer will issue required documents to obtain LMIA approval?

1.a) Will it be a good idea to take this step of conversion from Student to working visa ? seeking for an opinion.

 

[scylla]

You cannot start working until you have an approved work permit. You cannot apply for a work permit until you have an approved LMIA. So the LMIA is the first step and the work permit is the second step. Again, you cannot legally start working until you have an approved work permit. If you start working earlier, you will be working illegally which means you'll be removable from Canada.

The employer is supposed to bear the costs of the LMIA.

The employer is the one who MUST apply for the LMIA. You cannot apply for the LMIA. Even if the employer applies for the LMIA and provides all of the required paperwork - there is no guarantee the LMIA will be approved. If the LMIA is approved and you apply for a work permit, there is also no guarantee the work permit will be approved.

It's your choice whether you try to convert from a study permit to a work permit. I can't make that decision for you.

 

[IT_engineer]

I really appreciate your response and time. Thanks once again.

 

[Teefw]

1. Yes.
2. Your employers needs to give you a full time job offer and also obtain an approved LMIA (approval to hire a foreign worker). The LMIA process takes a number of months to complete and costs the employer $1,000 in fees plus advertising costs. As part of the process they have to prove they advertised the job and weren't able to find a Canadian for the role. Note that most employers aren't willing to go through the LMIA process so it's usually very difficult to find an employer and job.
3. If you leave the job or lose the job then you'll be able to stay in Canada as long as your work permit is valid - but you won't be able to work. If you want to work for a different company, they will need to go through the LMIA process and then you'll need to obtain a new work permit before you can start working for them.
4. Impossible to say - you might or you might not. It depends on the skill level of the work. There are also criteria you have to meet to apply for PR.

Hi Scylla, same question here, but my situation was like this. I was on a TFW visa in a restaurant and when my permit expires, I converted it on a Student Visa, and now I am on a Student Visa, however there is an employer who will employ me as their Caregiver and interested to apply for a LMIA, my questions are:
1) if I will apply or convert again to Working Permit, does it affect my application since I will be leaving as an Student and normally drop my subjects? or should I continue attending the school while I have a new Work Permit under Caregiver?
2) Can I apply my working permit inside the Canada or should I leave the country and apply from there?

Thanks in advance for your response.

 

[rish6]

1. Yes.
2. Your employers needs to give you a full time job offer and also obtain an approved LMIA (approval to hire a foreign worker). The LMIA process takes a number of months to complete and costs the employer $1,000 in fees plus advertising costs. As part of the process they have to prove they advertised the job and weren't able to find a Canadian for the role. Note that most employers aren't willing to go through the LMIA process so it's usually very difficult to find an employer and job.
3. If you leave the job or lose the job then you'll be able to stay in Canada as long as your work permit is valid - but you won't be able to work. If you want to work for a different company, they will need to go through the LMIA process and then you'll need to obtain a new work permit before you can start working for them.
4. Impossible to say - you might or you might not. It depends on the skill level of the work. There are also criteria you have to meet to apply for PR.

Hello scylla,

can a student directly convert his study visa, (after completion), and get an approved LMIA-work permit from inside canada, without having to leave the country? (assuming that the lmia is ready, just need to apply for WP).

 

[scylla]

Hello scylla,

can a student directly convert his study visa, (after completion), and get an approved LMIA-work permit from inside canada, without having to leave the country? (assuming that the lmia is ready, just need to apply for WP).

Yes

 

[rish6]

Yes

ok ty. I just wanna follow up with 2 more queries:
1. if somebody is having good numbers of years of work experience prior coming to study, can they convert study visa to LMIA closed WP while studying so that SP becomes WP (if there is an employer who would like to recruit)?
2. Whether it is while studying or after studying, a lot of people mentioned that returning to home county would be mandatory, for applying for fresh wp? Is there any web page please that we could read.
Please.

 

[scylla]

ok ty. I just wanna follow up with 2 more queries:
1. if somebody is having good numbers of years of work experience prior coming to study, can they convert study visa to LMIA closed WP while studying so that SP becomes WP (if there is an employer who would like to recruit)?
2. Whether it is while studying or after studying, a lot of people mentioned that returning to home county would be mandatory, for applying for fresh wp? Is there any web page please that we could read.
Please.

1. They can try. Here are the things that make that complication. First of all, it's next to impossible to find employers willing to go through the LMIA process. Very very low chances of success. Secondly, we have seen examples where IRCC has refused the work permit because someone comes on a study permit and then tries to change their status to a work permit soon afterwords. This basically makes it look like the person is not a genuine student and used the study permit just to get to Canada but never intended to study.
2. I'm not aware of a page. But yes, you need to demonstrate ties to your home country.

 

[rish6]

1. They can try. Here are the things that make that complication. First of all, it's next to impossible to find employers willing to go through the LMIA process. Very very low chances of success. Secondly, we have seen examples where IRCC has refused the work permit because someone comes on a study permit and then tries to change their status to a work permit soon afterwords. This basically makes it look like the person is not a genuine student and used the study permit just to get to Canada but never intended to study.
2. I'm not aware of a page. But yes, you need to demonstrate ties to your home country.

Okay so scylla, the point is that a student can complete the course and IF ther is an employer with LMIA, then it is possible to obtain a closed WP, right? (I agree about finding lmia whiel studying)

 

[scylla]

Okay so scylla, the point is that a student can complete the course and IF ther is an employer with LMIA, then it is possible to obtain a closed WP, right? (I agree about finding lmia whiel studying)

Yes - that was already answered previously.

 

[canuck78]

Okay so scylla, the point is that a student can complete the course and IF ther is an employer with LMIA, then it is possible to obtain a closed WP, right? (I agree about finding lmia whiel studying)

Would plan that you will need to complete your education and apply for PGWP. What you are suggesting has a low chance of success but you can certainly try.