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Conversion from visitor/pgwp to open work permit

Jaja1596

Member
Oct 9, 2024
14
1
Hi all,
I want to get a bit of insight on my situations. Currently, i am holding a PGWP expiring oct 19, 2024 and a TRV. I also have a master from Canada. I have applied to extend/renew for the open work permit back in August within Canada, before the policy was suspended. My application went through, but i would like to know if my current situation has good chance to get the work permit. From what I read, it is mixed signals.

Another question is if it is successful, how long am I getting for the open work permit? Would it just follow my visitor visa validity?

and looking that people from February application is not even getting responses yet, I am assuming I am going to be in implied status for quite some time then?

thanks for the help.
 

Naturgrl

VIP Member
Apr 5, 2020
44,048
9,277
Hi all,
I want to get a bit of insight on my situations. Currently, i am holding a PGWP expiring oct 19, 2024 and a TRV. I also have a master from Canada. I have applied to extend/renew for the open work permit back in August within Canada, before the policy was suspended. My application went through, but i would like to know if my current situation has good chance to get the work permit. From what I read, it is mixed signals.

Another question is if it is successful, how long am I getting for the open work permit? Would it just follow my visitor visa validity?

and looking that people from February application is not even getting responses yet, I am assuming I am going to be in implied status for quite some time then?

thanks for the help.
IF your PGWP expired then how are you eligible for an open work permit? Expect refusal.
 

Jaja1596

Member
Oct 9, 2024
14
1
IF your PGWP expired then how are you eligible for an open work permit? Expect refusal.
When i applied, PGWP has not expired. I applied more than 30 days before expiration, which I think should be fine. I am in implied status now.
I applied on early August, my pgpw is expiring late October, hence it is 2 months away.
 

Naturgrl

VIP Member
Apr 5, 2020
44,048
9,277
When i applied, PGWP has not expired. I applied more than 30 days before expiration, which I think should be fine. I am in implied status now.
I applied on early August, my pgpw is expiring late October, hence it is 2 months away.
Applied for what? How are you eligible to extend PGWP?
 

Jaja1596

Member
Oct 9, 2024
14
1
Applied for what? How are you eligible to extend PGWP?
So I am applying a new work permit basically through “Extend or Change conditions of work permit”. I was just giving the context that I have PGWP. Basically, I am holding a TRV and PGWP with a non lmia job offer. Trying for the visitor to work permit route. The 5710 form i completed seem to be quite straightforward.
 

Naturgrl

VIP Member
Apr 5, 2020
44,048
9,277
So I am applying a new work permit basically through “Extend or Change conditions of work permit”. I was just giving the context that I have PGWP. Basically, I am holding a TRV and PGWP with a non lmia job offer. Trying for the visitor to work permit route. The 5710 form i completed seem to be quite straightforward.
But you cannot extend a PGWP (unless due to passport expiry) so you are not eligible for another open work permit.
 
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Jaja1596

Member
Oct 9, 2024
14
1
But you cannot extend a PGWP (unless due to passport expiry) so you are not eligible for another open work permit.
Right, basically assume i dont have PGWP. I basically am applying work permit as visitor, this is very new to me, so pardon if I am missing something. I just saw the policy of visitor to worker is suspensed as of now, but I applied before suspension, so whats the outlook here?
 

scylla

VIP Member
Jun 8, 2010
95,263
21,757
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
So I am applying a new work permit basically through “Extend or Change conditions of work permit”. I was just giving the context that I have PGWP. Basically, I am holding a TRV and PGWP with a non lmia job offer. Trying for the visitor to work permit route. The 5710 form i completed seem to be quite straightforward.
You don't qualify for an open work permit extension and the extension is going to be refused. You're misunderstanding the rules and what they allow you to do.
 

scylla

VIP Member
Jun 8, 2010
95,263
21,757
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
Right, basically assume i dont have PGWP. I basically am applying work permit as visitor, this is very new to me, so pardon if I am missing something. I just saw the policy of visitor to worker is suspensed as of now, but I applied before suspension, so whats the outlook here?
Did you have an approved LMIA? The above scenario was only possible with an approved LMIA.
 
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Reactions: YVR123

scylla

VIP Member
Jun 8, 2010
95,263
21,757
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
I do not have LMIA. I mean allright, just want to get a feel on my situation. It is just very misleading the website stated temporary work permit without LMIA
That's if you fall under a specific LMIA exemption based on your occupation. There are steps your employer would have needed to take to confirm you fall under an exemption.

Ultimately you should assume the extension is going to be refused. Apply for a visitor record before your PGWP expires so that you can remain in Canada legally.
 

Jaja1596

Member
Oct 9, 2024
14
1
That's if you fall under a specific LMIA exemption based on your occupation. There are steps your employer would have needed to take to confirm you fall under an exemption.

Ultimately you should assume the extension is going to be refused. Apply for a visitor record before your PGWP expires so that you can remain in Canada legally.
Yea i have a visitor visa authorized, so im good there. Just want to remain as a worker in any way possible.

I am in implied status, by January 2025, i be eligible for the PR path, so in contrary, i hope my case will be long processing to give time for the PR method.
 

scylla

VIP Member
Jun 8, 2010
95,263
21,757
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
Yea i have a visitor visa authorized, so im good there. Just want to remain as a worker in any way possible.

I am in implied status, by January 2025, i be eligible for the PR path, so in contrary, i hope my case will be long processing to give time for the PR method.
I think you are still misunderstanding the rules. Having a visitor visa does not make you LMIA exempt. This is not how it works, even under the previous rules

As of now, if you want to continue working, your employer would need to get an approved LMIA and then you would apply for a closed work permit.

Please make sure you apply for a visitor record before your PGWP expires or you will most likely end up in Canada without status.

If you do in fact believe you are LMIA exempt, you need to tell us why and under which rules. Again, having visitor visa authorization has never made someone LMIA exempt. There has to be more than this which qualifies you under the exemption.
 

Jaja1596

Member
Oct 9, 2024
14
1
I think you are still misunderstanding the rules. Having a visitor visa does not make you LMIA exempt. This is not how it works, even under the previous rules

As of now, if you want to continue working, your employer would need to get an approved LMIA and then you would apply for a closed work permit.

Please make sure you apply for a visitor record before your PGWP expires or you will most likely end up in Canada without status.

If you do in fact believe you are LMIA exempt, you need to tell us why and under which rules. Again, having visitor visa authorization has never made someone LMIA exempt. There has to be more than this which qualifies you under the exemption.
Right okay, thanks for the information.

what i meant was I have visitor status, so I can stay in Canada legally but not work.

My point was to this thread was to get clarification on my situation, which I understood from the replies.

I was just saying that if my case is delayed or takes time to process, i might be able to get a PR invitation in the time I am waiting, since i am just a couple months away from being eligible.
 

scylla

VIP Member
Jun 8, 2010
95,263
21,757
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
Right okay, thanks for the information.

what i meant was I have visitor status, so I can stay in Canada legally but not work.

My point was to this thread was to get clarification on my situation, which I understood from the replies.

I was just saying that if my case is delayed or takes time to process, i might be able to get a PR invitation in the time I am waiting, since i am just a couple months away from being eligible.
When you say you have visitor status, do you mean a valid TRV? A valid TRV does not allow you to remain in Canada legally after your work permit expires.