Extend Work Permit without LMIA or an ITA

[IshantSharma]

Hello Members,

I have a simple question and a very important one. Requesting to spare 4-5 minutes and comment and help if possible, thanks!
I came to Canada on 1 year Study Permit and got 1 year Work Permit that is expiring on Dec 28, 2021. I started working in NOC B category job on Dec 3 and have created a profile having total of 501 points and I'm eligible for CEC/FSW. Recently only the PNP draws are rolling out and I'm waiting for just 1 CEC draw to receive ITA. After waiting until now, I'm applying for a Work Permit extension application(On Nov 26, 2021) but I neither have an LMIA nor Employer-specific work permits with LMIA-exemptions. Not sure whether this will approve or not but hopefully if processing time is higher I can get the invitation in upcoming draw. Alternatively I thought of applying for Temporary Resident Visa(TRV) so at least I could get Visitor status till my passport expires (2024) and I can stay legally but my friend suggested not to apply TRV as I only have 1 month of Work Permit remaining and I would not be approved for that.
Please suggest if it is the correct path I'm going on or do I have some other option.
You responses would be greatly appreciated. TIA.

 

[scylla]

Hello Members,

I have a simple question and a very important one. Requesting to spare 4-5 minutes and comment and help if possible, thanks!
I came to Canada on 1 year Study Permit and got 1 year Work Permit that is expiring on Dec 28, 2021. I started working in NOC B category job on Dec 3 and have created a profile having total of 501 points and I'm eligible for CEC/FSW. Recently only the PNP draws are rolling out and I'm waiting for just 1 CEC draw to receive ITA. After waiting until now, I'm applying for a Work Permit extension application(On Nov 26, 2021) but I neither have an LMIA nor Employer-specific work permits with LMIA-exemptions. Not sure whether this will approve or not but hopefully if processing time is higher I can get the invitation in upcoming draw. Alternatively I thought of applying for Temporary Resident Visa(TRV) so at least I could get Visitor status till my passport expires (2024) and I can stay legally but my friend suggested not to apply TRV as I only have 1 month of Work Permit remaining and I would not be approved for that.
Please suggest if it is the correct path I'm going on or do I have some other option.
You responses would be greatly appreciated. TIA.

The work permit extension is going to be refused since you don't qualify for one. Once it's refused, you'll be in Canada without status and will need to apply for restoration. You should also be aware that any work experience you gain after the expiring of your work permit will be classified as work without authorization and you won't be able to count this experience towards any immigration program.

If you don't have an approved LMIA, then the right thing to do is apply to change your status to visitor. You'll need to stop working once your work permit is approved but will be able to remain in Canada while you wait for ITA.

 

[IshantSharma]

The work permit extension is going to be refused since you don't qualify for one. Once it's refused, you'll be in Canada without status and will need to apply for restoration. You should also be aware that any work experience you gain after the expiring of your work permit will be classified as work without authorization and you won't be able to count this experience towards any immigration program.

If you don't have an approved LMIA, then the right thing to do is apply to change your status to visitor. You'll need to stop working once your work permit is approved but will be able to remain in Canada while you wait for ITA.

Hey Scylla,
Thanks for the response!
The grounds that I’m hoping for this to work is that the result for the Work Permit extension application I’ve done will take around 3-4 months to come. I’m putting additional information informing IRCC about my already present express entry profile with enough points under CEC category in the pool. If the application gets approved on that basis, that’ll be great, if not, up until the result of this application, even if there is just 1 CEC draw that comes in, I’ll be getting an ITA and then the result of this application will not make any difference.
Yes I understand my experience will not count if a draw is not coming up and I can not work if I didn’t get the Work Permit extension approved or didn’t get an ITA till that time. Like you suggested, I’ll be applying for Visitor status after the result of my current Work Permit extension application result and will stop working, waiting for 1 CEC draw for an ITA.
Hopefully at least 1 draw comes out till my current extension application is in applied status.

Please let me know if this sounds okay. Appreciate your time for responding, thanks!

 

[scylla]

Hey Scylla,
Thanks for the response!
The grounds that I’m hoping for this to work is that the result for the Work Permit extension application I’ve done will take around 3-4 months to come. I’m putting additional information informing IRCC about my already present express entry profile with enough points under CEC category in the pool. If the application gets approved on that basis, that’ll be great, if not, up until the result of this application, even if there is just 1 CEC draw that comes in, I’ll be getting an ITA and then the result of this application will not make any difference.
Yes I understand my experience will not count if a draw is not coming up and I can not work if I didn’t get the Work Permit extension approved or didn’t get an ITA till that time. Like you suggested, I’ll be applying for Visitor status after the result of my current Work Permit extension application result and will stop working, waiting for 1 CEC draw for an ITA.
Hopefully at least 1 draw comes out till my current extension application is in applied status.

Please let me know if this sounds okay. Appreciate your time for responding, thanks!

Your call. IRCC is not going to approve a work permit extension based on these grounds. The extension is definitely going to be refused.

If you move ahead with the work permit extension, you need to be prepared for the point where you fall out of status in Canada and have to apply for restoration. The only way you're going to avoid this is either by: (1) changing your status to TRV rather than applying for the work permit extension; (2) reciving ITA before your original work permit expires and submitting your complete application and BOWP application before your original work permit expires.

To be clear, you will not be applying just for visitor status after you work permit extension is refused. At that point you will be in Canada without status. You will need to apply to restore your status and make yourself legal again in Canada.

Like I said, your call.

 

[IshantSharma]

Your call. IRCC is not going to approve a work permit extension based on these grounds. The extension is definitely going to be refused.

If you move ahead with the work permit extension, you need to be prepared for the point where you fall out of status in Canada and have to apply for restoration. The only way you're going to avoid this is either by: (1) changing your status to TRV rather than applying for the work permit extension; (2) reciving ITA before your original work permit expires and submitting your complete application and BOWP application before your original work permit expires.

To be clear, you will not be applying just for visitor status after you work permit extension is refused. At that point you will be in Canada without status. You will need to apply to restore your status and make yourself legal again in Canada.

Like I said, your call.

Understood.
If Work Permit application is already submitted, is it recommended to apply for TRV as well, like both applications at same time?
My current Work Permit is expiring on Dec 28,2021. Are there good chances of changing status to TRV getting approved with approx 30 days remaining for current Work permit.

Once again, your response is much appreciated.

 

[ef89]

@Ishantshamra
Could you pls share your expreince on whether you applied for the work permit extension or you applied for the visitor recrod? I am in a same situation. Thanks