Expiring PGWP - Work Permit while PR app in process

[emjay025]

Hello, browsing through the posts regarding my expiring PGWP while my PR app is in process. Here's my situation:
- PGWP expires July 2011
- I'm American, married to Canadian with baby on the way, due July 2011
- I currently have a Full time job with no end contract date
- PR app was just sent to the Buffalo Visa Office, but most likely won't be decisioned until after my PGWP expires

From my reading, the best bet to stay in Canada with my family is to get my current employer to apply for a LMO and then apply for a Work Permit when I receive the LMO.

I have a few questions that I hope some of you can help me out with:

1) How long does it normally take to get a response from the HRSDC regarding the LMO? What are the factors that determine how long this takes?

2) When I apply for a work permit with the LMO, how long will the work permit be valid? What determines the length of the work permit?

3) From anyone's experience who's gone through a similar situation as I (either the work permit issue or being an American married to a Canadian), what process has been the least troublesome? FSW Skilled Worker PR Application? Sponsorship application?

Thanks everyone, I hope to hear from any of you soon.

 

[emjay025]

Anyone have any experience like mine?

 

[jes_ON]

From my reading, the best bet to stay in Canada with my family is to get my current employer to apply for a LMO and then apply for a Work Permit when I receive the LMO.

In your case, since you were on a PGWP, your employer does not need to advertise the position or prove efforts to recruit a Canadian, so obtaining the LMO avoids that step.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lmodir/variation.shtml

Category: International graduates holding a work permit under the Post Graduation Work Permit Program (PGWPP) of Citizenship and Immigration Canada.

Description: The employer wants to hire a foreign worker whose Labour Market Opinion exempt work permit, issued under the PGWPP, will soon expire.

Variation: The employer is making a permanent job offer in a skilled position (i.e. within NOC 0, A and B codes only) to international graduates who have completed the PGWPP. The employer is not required to demonstrate recruitment efforts.

Applicability: All Provinces

For further information on Employment of International Students Graduating from Recognized Post-Secondary Institutions...


I have a few questions that I hope some of you can help me out with:

1) How long does it normally take to get a response from the HRSDC regarding the LMO? What are the factors that determine how long this takes?

What province?



2) When I apply for a work permit with the LMO, how long will the work permit be valid? What determines the
length of the work permit?

Good question, esp. given that the employer needs to indicate "intent to permanent" - Work permits are usually good for the duration of the contract - I would indicate a minimum of 2 years (I think 3 is the maximum).

 

[emjay025]

I have a few questions that I hope some of you can help me out with:

1) How long does it normally take to get a response from the HRSDC regarding the LMO? What are the factors that determine how long this takes?

What province?

I am in Ontario.

2) When I apply for a work permit with the LMO, how long will the work permit be valid? What determines the
length of the work permit?

Good question, esp. given that the employer needs to indicate "intent to permanent" - Work permits are usually good for the duration of the contract - I would indicate a minimum of 2 years (I think 3 is the maximum).


Good question indeed. My employer has already hired me as a fulltime permanent employee, that's why I was wondering.

Thanks for the help jes_ON!

 

[kelKel]

Question why didn't your wife sponsor you? Would most likely have been faster.

 

[emjay025]

Question why didn't your wife sponsor you? Would most likely have been faster.

Good question. I had already done all of the research for the FSW PR application, was already eligible with all the points, and when I did my brief research regarding the sponsoring, I read that she needed X amount of readily available funds in order to sponsor me.

I wonder if the available funds requirement is no longer applicable if I have a fulltime job already.

Does anyone have any links for info on sponsorship?

 

[jes_ON]

Question why didn't your wife sponsor you? Would most likely have been faster.

Hmmm. Not sure I agree - outland sponsorship applications ARE faster, but emjay would be inland, and those are taking a long time... the skilled worker application may be faster. Only thing that MIGHT matter is that with the inland sponsorship, once the SPONSOR is approved, the applicant can apply for an open work permit. I do not know how long THAT takes, or what the process is - I think you submit the work permit application with the PR application, but it takes several months (like, 6 or more)....

You are allowed to submit both an FSW application and a family member application (if you have the resources to do so). I don't think there's a fixed amount that a sponsor has to have in the bank, as long as she can demonstrate the ability to support you (in the even that you would become unemployed, I suppose). But I'm not sure you would be able to obtain the open work permit before the PGWP expires, so you may have to apply for the LMO / TWP anyway.

I recently obtained an LMO in Ontario, it took 3 weeks for the decision (and another full week in the mail, go figure). But I am not in Toronto, and I believe the exact location matters for labour market decisions (e.g. it would probably take longer in Toronto because of very different labour conditions than where I live in the north). But since your employer would be exempt from recruitment efforts, it would probably be relatively quick -

Go here for more info...
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

 

[emjay025]

Hello, I have another question related to this topic of a temporary work permit after the Post Grad Work Permit Program while PR application is in process.

In the case that I get the temporary work permit after the PGWP.... Is it possible to extend this temporary work permit because the PR application has not been approved yet? What would be the process for that?

I'm just trying to think ahead in the case that the Buffalo VO takes as long or longer as its reputation says it will. The positive LMO response we got says the duration of employment is for 1 year, even though my employment is actually a permanent position.