Express entry ITA, Work Permit expired, have LMIA, what to do next?

[Harman221]

!!!URGENT HELP NEEDED!!!

Hi, I'm helping a friend who is in a challenging situation, and I'd appreciate some advice. Here are the details:

• Express Entry ITA Received: July 31, 2024 (Points: 514, Cutoff: 510)
• PGWP Expiry: August 11, 2024 (11 days after receiving ITA)
• LMIA from Employer (Dual Intent): Issued on November 1, 2023, Expiring on May 1, 2025
• Current Status: Waiting for PCC to submit PR application under Canadian Experience Class (expected this week).

Questions:

1. Can we submit her PR application while she's out of status, indicating that she's no longer working in Canada? Her CRS points are based on 3 years of work experience, so they won't change.
2. Once the PR application is submitted and we receive the AOR & file completeness, is she eligible for a Bridging Open Work Permit (BOWP)? One eligibility condition states that we can apply if she's eligible to restore her status on a work permit, which she can do based on the LMIA and PR submission.
3. She could apply for an LMIA-based employer-specific work permit, but this process might take 3-4 months, during which she'd be out of status and unable to work, which would be problematic.
4. Could she leave the country and return to obtain an LMIA-based work permit at the Port of Entry (POE)? She has a visitor visa stamp in her passport. Is this option safe, or would she need anything else?
5. She realized her work permit had expired a week after the fact and continued working during that time. Will this raise any red flags, and how should she respond if questioned by authorities?

Potential Options:

A) Submit her PR application, wait for the AOR, and then apply for a BOWP. Will she be able to work while waiting for the BOWP decision?

B) Leave the country (possibly to Mexico since she doesn’t have a U.S. visa), obtain an LMIA-based work permit at the POE, and restore her status quickly. This would allow her to work confidently and submit her PR application without issues. Is this route safe? What questions might she face at the border given that her previous work permit has expired?

C) Do you recommend any alternative options?

Thank you very much for your help.

 

[forevermore76]

!!!URGENT HELP NEEDED!!!

Hi, I'm helping a friend who is in a challenging situation, and I'd appreciate some advice. Here are the details:

• Express Entry ITA Received: July 31, 2024 (Points: 514, Cutoff: 510)
• PGWP Expiry: August 11, 2024 (11 days after receiving ITA)
• LMIA from Employer (Dual Intent): Issued on November 1, 2023, Expiring on May 1, 2025
• Current Status: Waiting for PCC to submit PR application under Canadian Experience Class (expected this week).

Questions:

1. Can we submit her PR application while she's out of status, indicating that she's no longer working in Canada? Her CRS points are based on 3 years of work experience, so they won't change.
2. Once the PR application is submitted and we receive the AOR & file completeness, is she eligible for a Bridging Open Work Permit (BOWP)? One eligibility condition states that we can apply if she's eligible to restore her status on a work permit, which she can do based on the LMIA and PR submission.
3. She could apply for an LMIA-based employer-specific work permit, but this process might take 3-4 months, during which she'd be out of status and unable to work, which would be problematic.
4. Could she leave the country and return to obtain an LMIA-based work permit at the Port of Entry (POE)? She has a visitor visa stamp in her passport. Is this option safe, or would she need anything else?
5. She realized her work permit had expired a week after the fact and continued working during that time. Will this raise any red flags, and how should she respond if questioned by authorities?

Potential Options:

A) Submit her PR application, wait for the AOR, and then apply for a BOWP. Will she be able to work while waiting for the BOWP decision?

B) Leave the country (possibly to Mexico since she doesn’t have a U.S. visa), obtain an LMIA-based work permit at the POE, and restore her status quickly. This would allow her to work confidently and submit her PR application without issues. Is this route safe? What questions might she face at the border given that her previous work permit has expired?

C) Do you recommend any alternative options?

Thank you very much for your help.

1. Yes
2. Yes, with restoration of status. Not guaranteed.
3. It's an option.
4. Not all citizenship can do that.
5. That could have consequences.

Others can comment but the person is currently out of status and best route is to leave Canada and apply for PR without jeopardizing anything further.

 

[canuck78]

Did she change her status to visitor before her PGWP expire?