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Express entry / LMIA is under process

KahraAJ9

Member
Jan 29, 2020
12
0
Hi Experts!

I’m currently in a tough situation. I have created an express entry profile, I’m scoring 432, but I’m lacking my 50 points for job offer. My employer has agreed to file an LMIA for me to support my PR application that will boost my score up to 482, and increases my chances on receiving an ITA.

The critical situation is my Post graduate open work permit would be expiring within 2 months, however, I wouldn’t be getting positive LMIA unless 3 months. By the time, I’ll get my LMIA approved, my work permit would have been expired by one month.

Do I have the chances to apply for Bridging open work permit even after my visa expires?

Can I apply for the same based on my LMIA application?

Can I keep working once I get an invitation to apply even if my visa expires?

What are the possibilities for me in order to keep working until I get my permanent residence?

I appreciate your help!

Thank you!
Ajay
 

scylla

VIP Member
Jun 8, 2010
97,476
23,250
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
Hi Experts!

I’m currently in a tough situation. I have created an express entry profile, I’m scoring 432, but I’m lacking my 50 points for job offer. My employer has agreed to file an LMIA for me to support my PR application that will boost my score up to 482, and increases my chances on receiving an ITA.

The critical situation is my Post graduate open work permit would be expiring within 2 months, however, I wouldn’t be getting positive LMIA unless 3 months. By the time, I’ll get my LMIA approved, my work permit would have been expired by one month.

Do I have the chances to apply for Bridging open work permit even after my visa expires?

Can I apply for the same based on my LMIA application?

Can I keep working once I get an invitation to apply even if my visa expires?

What are the possibilities for me in order to keep working until I get my permanent residence?

I appreciate your help!

Thank you!
Ajay
- You must be holding a valid work permit at the time you apply for a BOWP. So unfortunately no, you will not be able to apply for a BOWP after your visa expires.
- You cannot apply for the BOWP until after you have received ITA through Express Entry and submitted your complete PR application. You cannot apply for a BOWP based on having an LMIA application in progress.
- You can only keep working if you've submitted a BOWP before your work permit expires. So to continue working, you must receive ITA before your visa expires, submit your complete PR application and also apply for the BOWP before your work permit expires.

Unfortunately I'm not sure I see a way for you to continue working. You may need to convert your status to visitor and stop working while you wait for PR to be processed.
 

KahraAJ9

Member
Jan 29, 2020
12
0
Hi Scylla!

Thank you for the information!

Could my employer not save me from stop working? I still have a valid visa for two months, however, we are completing advertising formalities to process the LMIA application at this time. Can my employer apply for employer-specific work permit for me before my visa expires?

Express entry: Am I not eligible for 50 points for my job offer? Even though I have an LMIA exempt work permit which is PGWP, and also my job also seems to be LMIA exempt job, it falls under exempt category for “Canadian interests” reasons, designated by minister

I have a fulltime/permanent and non seasonal employment for indefinite period of time. I’m still not getting the 50 points under my express entry application.

There’s no option for an applicant to mention LMIA exemption codes mentioned on their website.

Their web page is basically set up in a way that it doesn’t award 50 points unless one mentions yes to the LMIA section.

Is it mandatory to have LMIA for job offer points? No matter what?

Thank you!
 

scylla

VIP Member
Jun 8, 2010
97,476
23,250
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
Hi Scylla!

Thank you for the information!

Could my employer not save me from stop working? I still have a valid visa for two months, however, we are completing advertising formalities to process the LMIA application at this time. Can my employer apply for employer-specific work permit for me before my visa expires?

Express entry: Am I not eligible for 50 points for my job offer? Even though I have an LMIA exempt work permit which is PGWP, and also my job also seems to be LMIA exempt job, it falls under exempt category for “Canadian interests” reasons, designated by minister

I have a fulltime/permanent and non seasonal employment for indefinite period of time. I’m still not getting the 50 points under my express entry application.

There’s no option for an applicant to mention LMIA exemption codes mentioned on their website.

Their web page is basically set up in a way that it doesn’t award 50 points unless one mentions yes to the LMIA section.

Is it mandatory to have LMIA for job offer points? No matter what?

Thank you!
Since you are on a PGWP you need an approved LMIA to claim the 50 points. It doesn't matter that the PGWP is LMIA exempt. You can't claim job offer points under EE until the LMIA has been approved.

You can try applying for a closed work permit while the LMIA is in progress. The risk there is that if the LMIA isn't approved or isn't approved in time, that work permit will be refused.
 

Nana20222

Member
Jun 13, 2022
16
0
@scylla hello, can you please help me with information about my situation.

I am currently in Canada for my MBA program and currently have a full time job offer even though I am not done with my program yet. Although the job is to start after I complete my program in April. Am I able to claim the 50 points for job offer now during the express entry application? I don’t have a PGWP yet because I am not done with my program.
 

scylla

VIP Member
Jun 8, 2010
97,476
23,250
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
@scylla hello, can you please help me with information about my situation.

I am currently in Canada for my MBA program and currently have a full time job offer even though I am not done with my program yet. Although the job is to start after I complete my program in April. Am I able to claim the 50 points for job offer now during the express entry application? I don’t have a PGWP yet because I am not done with my program.
Has your employer obtained an approved LMIA?
 

ch5am

Full Member
Jul 3, 2015
27
24
Hi Experts!

I’m currently in a tough situation. I have created an express entry profile, I’m scoring 432, but I’m lacking my 50 points for job offer. My employer has agreed to file an LMIA for me to support my PR application that will boost my score up to 482, and increases my chances on receiving an ITA.

The critical situation is my Post graduate open work permit would be expiring within 2 months, however, I wouldn’t be getting positive LMIA unless 3 months. By the time, I’ll get my LMIA approved, my work permit would have been expired by one month.

Do I have the chances to apply for Bridging open work permit even after my visa expires?

Can I apply for the same based on my LMIA application?

Can I keep working once I get an invitation to apply even if my visa expires?

What are the possibilities for me in order to keep working until I get my permanent residence?

I appreciate your help!

Thank you!
Ajay
You can apply for a closed work permit and attach the LMIA with your application. IF your LMIA is positive, You can work while your closed work permit is in process.