Extending pgwp or applying for new work permit after applying for EE

[LongN18]

Hello experts,

My current post graduate work permit will expire soon and I'm not sure how long it will take to get ITA for my express entry, so I want to ask if there're anyway I can extend my pgwp or apply for a new one. I tried to do it online but after finishing the questionnaire for work permit it kept putting me back to express entry (despite I've already submitted my profile) or showing an error page, so I'm not sure if it's not possible or it's only not possible online (means I can still do it if I send paper application).

Also I want to ask, if I were to submit my application via mail, when would it be consider "submitted application" ? The reason I'm asking this is because I plan to keep working even after my current permit expires while taking advantage of "implied status", but in order to do so I need to make sure I would have implied status (when my application is considered submitted) before then. All my applications before this were done online so I'm totally clueless of how it works normally.

Thank you.

 

[jes_ON]

Read the new rules about implied status.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

As you probably know, PGWPs cannot be extended, your only hope would be to get an LMIA or be eligible for the Bridging Open Work Permit (BOWP).

If you manage to submit an application to extend when you are not eligible (e.g. no AOR, therefore not eligible for the BOWP), then your application will be considered "incomplete" and you will not benefit from implied status.

 

[LongN18]

Thank you for your info,

I mixed up pgwp with normal open work permit and thought I can extend it Looks like I will have to apply for a new work permit since I can't be sure I would be eligible for bowp before the current permit expires.

I have another question. What should I do if I were to submit application for a new work permit after my current permit expires ? Am I allowed to stay in Canada for the period after my old permit expires until I get my new one ? Is there any penalty or extra process I have to go thought in this case ? I found some info about restoring status within 90 days after the permit expires, but not sure how it's applied.

Thank you.

 

[jes_ON]

I mixed up pgwp with normal open work permit and thought I can extend it Looks like I will have to apply for a new work permit since I can't be sure I would be eligible for bowp before the current permit expires.

I am sorry to be the bearer of bad news, but a new work permit usually requires a positive LMIA (Labour Market Impact Assessment) and job offer from an employer. It doesn't sound like you are presently eligible for a new work permit.

http://www.cic.gc.ca/english/work/


I have another question. What should I do if I were to submit application for a new work permit after my current permit expires ? Am I allowed to stay in Canada for the period after my old permit expires until I get my new one ? Is there any penalty or extra process I have to go thought in this case ? I found some info about restoring status within 90 days after the permit expires, but not sure how it's applied.

If (for example) you have an employer who is willing to apply for an LMIA, but your PGWP expires before your employer can submit the LMIA application, then there is a 90-day "grace" period during which, if your employer succeeds at getting the LMIA, you can apply for restoration + a new work permit. You cannot work during this time, you would be able to remain in Canada until there was a decision on your WP application, but you would not be authorized to work until you receive the new work permit.

Unfortunately, where the BOWP is concerned, there is no "grace period," you would lose your eligibility as soon as your permit expires.

 

[LongN18]

Thank you jes_ON. It looks like I've been really unprepared

I will try to ask if my employer would be willing to apply for an LMIA. I've been working here for 3 years since graduation and we have a big 10 month contract coming soon. Right now I have a few routes in mind but not sure what is the best choice. If possible, may I ask if you can give a few suggestions ?

1. If I can ask for an LMIA, should I process to apply for a new work permit right away ?

2. If I can ask for an LMIA , should I take advantage of the LMIA and add it into my express entry profile and hope I can get pick up the next round ? (given the 4-years limit for TFWs, a new permit wouldn't help much)

3. If I can't ask for an LMIA, should I apply for Nova Scotia Nominee Program and hope to get ITA for my express entry soon after. Would that be a good choice with my current situation ? (I marked myself around 75-80)

Thank you.

 

[LongN18]

Update:
I talked with my boss this morning and he agreed to apply for LMIA, so it's one less thing to worry about. However I'm still not sure how should I process from now.

 

[jes_ON]

1. If I can ask for an LMIA, should I process to apply for a new work permit right away ?

No, you should wait for the LMIA before applying for a new work permit. However, be prepared, it can take some time to process LMIAs, and they are not always approved. Your employer has to prove that he could not find a Canadian to do your job.

2. If I can ask for an LMIA , should I take advantage of the LMIA and add it into my express entry profile and hope I can get pick up the next round ? (given the 4-years limit for TFWs, a new permit wouldn't help much)

If the LMIA is approved, you have 1/2 of the requirement of the "job offer" - you also need a written offer of PERMANENT (not term-limited) employment to be considered to have "arranged employment."

3. If I can't ask for an LMIA, should I apply for Nova Scotia Nominee Program and hope to get ITA for my express entry soon after. Would that be a good choice with my current situation ? (I marked myself around 75-80)

LMIAs are not guaranteed - if you are eligible under the NSPNP, it would be a good idea to apply.

 

[jes_ON]

I talked with my boss this morning and he agreed to apply for LMIA, so it's one less thing to worry about. However I'm still not sure how should I process from now.

When does your PGWP expire?

 

[LongN18]

Thank you for your reply. I'm preparing for NSPNP application right now.

My PGWP will expire at the end of August.

Regarding the wait time for LMIA, the CIC questionnaire states that I can apply for a new work permit using a proof of LMIA submission instead of a clear result if my permit were to expire within 2 weeks, so I just want to make sure to be able to get implied status first thing.

I also had some talk with the person in charge of immigration issue of my company today, and for the moment she suggests to go ahead and apply for a new work permit without LMIA. I'm not sure how it works, but she said it would give me implied status while the application is being processed (which would be roughly 100 days), and by the time the result came back (might or might not go through since there wasn't a LMIA) I would already got NS nominee and got exempted from LMIA anyway.
I want to ask if it's possible this way, can I get implied status after sending out application without LMIA (probably my application would come back as "incomplete") ? What would happen if I can't get implied status but only know so after my current permit expired (for example, I only know that I couldn't get implied status after the 100 days waiting for processing, but I have been working since after I submitted the application until now when the result comes back)
If the method above isn't possible, would it be ok if I apply with the proof of LMIA submission (so that it won't count as "incomplete application") ? Would it be possible to get implied status that way ?

Or should I just give up and stay still until I get NS nominee, apply for restoration of status, then apply for a new work permit (which would take more than the 90 days allowed) ? Am I allowed to stay in Canada after applying for a new work permit in this case ? I don't want to do it this way since it would push me out of work for way too long(5 month+), and I also would have to get a new visa if I'm not allowed to stay in Canada while waiting for my new work permit.

 

[anarsoul]

I also had some talk with the person in charge of immigration issue of my company today, and for the moment she suggests to go ahead and apply for a new work permit without LMIA. I'm not sure how it works, but she said it would give me implied status while the application is being processed (which would be roughly 100 days), and by the time the result came back (might or might not go through since there wasn't a LMIA) I would already got NS nominee and got exempted from LMIA anyway.
I want to ask if it's possible this way, can I get implied status after sending out application without LMIA (probably my application would come back as "incomplete") ? What would happen if I can't get implied status but only know so after my current permit expired (for example, I only know that I couldn't get implied status after the 100 days waiting for processing, but I have been working since after I submitted the application until now when the result comes back)
If the method above isn't possible, would it be ok if I apply with the proof of LMIA submission (so that it won't count as "incomplete application") ? Would it be possible to get implied status that way ?

See http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

You won't be on implied status if you submit your application without LMIA or proof of LMIA submission, since your application will be considered incomplete.

 

[jes_ON]

Regarding the wait time for LMIA, the CIC questionnaire states that I can apply for a new work permit using a proof of LMIA submission instead of a clear result if my permit were to expire within 2 weeks, so I just want to make sure to be able to get implied status first thing.

Yes- if your LMIA application is pending, and you are down to your last 2 weeks before the expiry of your work permit, you can apply to extend with proof of the LMIA application, and you will then be in implied status.

 

[jes_ON]

I also had some talk with the person in charge of immigration issue of my company today, and for the moment she suggests to go ahead and apply for a new work permit without LMIA. I'm not sure how it works, but she said it would give me implied status while the application is being processed (which would be roughly 100 days), and by the time the result came back (might or might not go through since there wasn't a LMIA)

Used to be that you could do this, but CIC recently revised the rules on implied status to put an end to this. Now, per the link that amarsoul provided, it would be considered incomplete and you would not have implied status. Better to wait until the last 2 weeks before your permit expires - If you do have an LMIA in process, you are allowed to submit your WP extension within the last 2 weeks before the old permit expires, and implied status does apply (as long as the LMIA is approved). But again, if your LMIA does not come through, then you would (probably) not benefit from implied status.

If your current permit expires before you apply, you will not have implied status. If you get the LMIA afterwards, you can apply for the new permit along with an application to restore status, but without implied status, you cannot continue to work - you would have to wait until you get your new work permit before you could work.

Or should I just give up and stay still until I get NS nominee, apply for restoration of status, then apply for a new work permit (which would take more than the 90 days allowed) ? Am I allowed to stay in Canada after applying for a new work permit in this case ?

I don't know the rules for the NS PNP, but if you don't have a valid work permit, you are not eligible for a BOWP, so if your current work permit expires, you won't be able to use the EE application to get the BOWP.

If you apply for a new work permit/restoration while you are in the 90 day grace period, you are permitted to remain until you get a reply, but you cannot work.

 

[LongN18]

I wasn't aiming for BOWP, since that would require my current permit to be still valid when I submit the application.

I planned to apply for a new work permit before my current one expires, getting implied status and keep working while waiting for NSPNP and the application is being processed (roughly 100 days). After getting my nominee, I will be exempted from LMIA, thus I can update and process with my application doesn't matter if my LMIA would get accepted or not, and be able to keep working for the whole duration from after I get implied status until after getting new permit.

The timeline would be:
Request LMIA and apply for NSPNP --- apply for new work permit and get implied status --- old permit expires --- get nominee --- update my appication (which is now nolonger need LMIA) --- getting new permit.
During that time LMIA result can come in anytime but it won't change the steps.

However I still have question about that. You said I would get implied status "as long as the LMIA is approved", so just in case by the time LMIA came in and it's negative, would I stop having implied status the moment I get LMIA result, or would I not be able to get it from the start (which would make me illegal worker for the duration I worked as if under implied status everthough I have no way of knowing it beforehand), or would I be able to keep implied status until I have result for my new work permit application ? I couldn't find any information regarding implied status being reverted outside of "incomplete application"

 

[LongN18]

Opps I pressed quote instead of modify

 

[LongN18]

I don't know if bumping thread is allowed, but I really need to give my boss a reply of how to process soon.
Sorry for the trouble.