Currently a TFW, employer offered a permanent position, confused on next steps.

[andreprpls]

Hi.

I am a temporary LMIA with 1 year on the contract, the employer offered a permanent position starting Feb next year. He will make a new LMIA for me with a permanent position. NOC level A.

I wonder what can I do? I really want the PR.

Is it two distinct processes for me to continue working for the employer and applying for the PR? I heard the PR can take a lot of time, like, 6 months. However my temporary contract / LMIA ends in February. Should I be worried?
Can I continue to work for the employer since I have the LMIA/Contract regardless of the PR process/ how long it takes?

Thanks. Really confused.

 

[scylla]

Is the job NOC A, B or 0?

 

[andreprpls]

Is the job NOC A, B or 0?

NOC A

 

[fkl]

You don't need a new LMIA. There is no such thing as a permanent LMIA

I assume you are currently working on a work permit that was issued for your NOC A job based upon LMIA and it is valid till next feb.

If above is true, all you need is a new permanent non seasoned full time job offer from your employer.

You have to apply reasonably before the expiry of your current work permit. If you apply say with in the next two months, you can apply for a BOWP along with your PR application OR you can submit a BOWP application say a month before the expiry of your current work permit, assuming your PR is already in process.

 

[andreprpls]

You don't need a new LMIA. There is no such thing as a permanent LMIA

I assume you are currently working on a work permit that was issued for your NOC A job based upon LMIA and it is valid till next feb.

If above is true, all you need is a new permanent non seasoned full time job offer from your employer.

You have to apply reasonably before the expiry of your current work permit. If you apply say with in the next two months, you can apply for a BOWP along with your PR application OR you can submit a BOWP application say a month before the expiry of your current work permit, assuming your PR is already in process.

Thank you very much fkl. That makes things more clear.

Yes I do have a current LMIA I am working on and expires on February.

So all I need is a contract offer / letter saying they're offering me a permanent position, right? I never had heard of BOWP before. I will research it.

Can I also extend my temporary work permit with this permanent position contract at the same time as applying for BOWP/PR? So that there's no risk of me having an invalid contract / work permit visa. As my work permit and TRV expires at the same time (february/17)

Thanks so much.

 

[fkl]

Thank you very much fkl. That makes things more clear.

Yes I do have a current LMIA I am working on and expires on February.

So all I need is a contract offer / letter saying they're offering me a permanent position, right? I never had heard of BOWP before. I will research it.

Can I also extend my temporary work permit with this permanent position contract at the same time as applying for BOWP/PR? So that there's no risk of me having an invalid contract / work permit visa. As my work permit and TRV expires at the same time (february/17)

Thanks so much.

You are welcome, yes that is all that you need.

A letter might work (it has worked for at least 3 people that i know closely including myself), but the recommendation is a brand new job offer from the same employer. It would be critical in your case since your current work permit was for a contractual job as you said. In my case it was already a permanent job assuming i continue to meet immigration requirements.

Bridging open work permit (BOWP) is the answer to your second concern. Technically you can extend your current LMIA based work permit but what would be the grounds of that?

There are several possibilities.

a) Some body was working on an LMIA based work permit. Once that WP is expiring, you need a new LMIA and then new work permit. This is assuming you do not qualify for any other type of work permit i.e. you haven't applied for PR. You are already short on time for that since if that was the plan, LMIA should have been applied around 6 months before your WP expiry.

b) You apply for PR before expiry of your current work permit. Now you are in process of becoming a PR but your WP is expiring before PR process concludes. BOWP is for this purpose. It has only two requirements

1) You currently have a PR application in process which is passed first stage assessment (often called AOR)
2) Your current work permit is due to expire in 4 months or less

Since express entry you can even submit BOWP application along / right after submitting your PR. CIC will only internally wait and verify that your PR application passes through first stage approval (called R10 OK) and then issue you BOWP.

BOWP by name is open, meaning that you can work for any one on that instead of being tied to your current employer only.

Update:
One thing to keep in mind. BOWP or any another LMIA based work permit allows you to stay and work in Canada. It does not allow you to enter Canada unless you belong to a visa exempt country. When you apply first time from outside of Canada you are issued a Work permit + TRV together for the exact same purpose. But when you apply from Inside Canada they are each processed by separate visa office and cost separately too.

So once you get a BOWP, you can continue living and working in Canada assuming you don't have to go outside. But if you have to exit and enter country, you should apply and get a TRV separately. It costs 150 CAD and should be issued in roughly 2 weeks for some one who already has a valid study / work permit. This TRV would let you enter Canada the next time.

There is only one exception that if you are coming from USA in a private car, then you are allowed to enter Canada with only a valid work / study permit and don't need TRV.

 

[andreprpls]

You are welcome, yes that is all that you need.

A letter might work (it has worked for at least 3 people that i know closely including myself), but the recommendation is a brand new job offer from the same employer. It would be critical in your case since your current work permit was for a contractual job as you said. In my case it was already a permanent job assuming i continue to meet immigration requirements.

Bridging open work permit (BOWP) is the answer to your second concern. Technically you can extend your current LMIA based work permit but what would be the grounds of that?

There are several possibilities.

a) Some body was working on an LMIA based work permit. Once that WP is expiring, you need a new LMIA and then new work permit. This is assuming you do not qualify for any other type of work permit i.e. you haven't applied for PR. You are already short on time for that since if that was the plan, LMIA should have been applied around 6 months before your WP expiry.

b) You apply for PR before expiry of your current work permit. Now you are in process of becoming a PR but your WP is expiring before PR process concludes. BOWP is for this purpose. It has only two requirements

1) You currently have a PR application in process which is passed first stage assessment (often called AOR)
2) Your current work permit is due to expire in 4 months or less

Since express entry you can even submit BOWP application along / right after submitting your PR. CIC will only internally wait and verify that your PR application passes through first stage approval (called R10 OK) and then issue you BOWP.

BOWP by name is open, meaning that you can work for any one on that instead of being tied to your current employer only.

Update:
One thing to keep in mind. BOWP or any another LMIA based work permit allows you to stay and work in Canada. It does not allow you to enter Canada unless you belong to a visa exempt country. When you apply first time from outside of Canada you are issued a Work permit + TRV together for the exact same purpose. But when you apply from Inside Canada they are each processed by separate visa office and cost separately too.

So once you get a BOWP, you can continue living and working in Canada assuming you don't have to go outside. But if you have to exit and enter country, you should apply and get a TRV separately. It costs 150 CAD and should be issued in roughly 2 weeks for some one who already has a valid study / work permit. This TRV would let you enter Canada the next time.

There is only one exception that if you are coming from USA in a private car, then you are allowed to enter Canada with only a valid work / study permit and don't need TRV.

Thanks a lot FKL!!!!!!!! That's very detailed. How can I give you points on the forum ?

A last one.. I have a wife and she currently has open work permit, with BOWP she would be granted same things as I do right? On waiting until approval of PR in Canada.

Cheers

 

[fkl]

Thanks a lot FKL!!!!!!!! That's very detailed. How can I give you points on the forum ?

A last one.. I have a wife and she currently has open work permit, with BOWP she would be granted same things as I do right? On waiting until approval of PR in Canada.

Cheers

You are most welcome.

When you apply online for BOWP, there would be an option to indicate you have a dependent spouse, where you fill her forms too and her work permit would be processed along assuming she is included on your PR application.

There is a + / Good towards left under a post if you are keen. I don't really care, but yes it might be important for some establishing more credibility of their opinions.

All the best.