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

[jes_ON]

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.

I am not sure under which NSPNP program you are planning to apply , and I am honestly not that familiar with it, but I would like to know under which program you think you would be LMIA exempt?

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.

You can try to "float" that way, but there is no real benefit any more. If you simply apply for a work permit without being eligible, your application can be returned as incomplete, and your status will expire with the original work permit - you will never have been on implied status.

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"

If you apply for an LMIA-based work permit, and you do not get the LMIA, is it then not "incomplete"? Even if it is refused (instead of returned as incomplete), if the original permit has expired before you submit the 2nd application, you still have to apply for restoration, and implied status would not extend beyond the refusal of the first application.

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

 

[Nilkanth Lucky]

Additional documents requests by OINP VO;

1) Copies of documents to show that you have applied for your visitor permit or any other legal status in Canada.

What does legal status means exactly? I would like to apply BOWP before my WP expire next month in order to keep the good job. But now confuse BOWP or Visitor??? Can I apply BOWP twice? I mean in case CIC does not approve first then can I reapply or resubmit again?

2) Copies of Job offer letters or employment contracts with detailed job description from current and previous employers

It means same Job letter with current date? or new letter with new specific job description?

Thanks,

 

[LongN18]

By "exempt from LMIA" I meant to use the letter of support that comes with nominee acceptance notification in place of positive LMIA paper to apply for a new work permit, which should apply for all provinces.

The only purpose of the whole plan is so that I can keep working until I get my new permit, since if I failed to get implied status I would be out of work for 5+ months. Plus I might have to change my status to visitor to maintain legal status while waiting for nominee, and would have to fly home to apply for new work permit from there then go back since visitor cannot apply for work permit from inside Canada. I really really don't want to touch this grey area if I could help it.

If this is not possible, is there any other way I can come back sooner ? Right now the only way left for me is to fly back to my country and stay there until I finish applying for a new permit. Can applying for a restoration of status allow me to get back my post-grad worker status for a short duration, thus making it possible to apply for a new work permit from inside Canada ?

 

[LongN18]

Update.
I'm back to the tight spot again. Based on the requirement for LMIA for advertisement and stuffs (posted 4 weeks consecutively, and posted 3 months before the application), it won't be eligible before I went out of status.

So right now I'm forced back to the other 2 options:
1. Change to visitor status, wait for my nominee, fly out of Canada, apply for new work permit, fly back in after it got accepted. Risk-free, but extremely costly and also take me off work for a long time.

2. Stay in Canada (and go out of status) until I get my nominee, then apply for restoration of status and a new work permit while inside Canada. There're a lot of unknown factors for this options like "can I still receive PNP while getting out of status during the wait time (not when I applied)", "can I apply for new work permit from inside Canada after restoration, despite not being able to do it while I still have my status", so I'm not sure if I should try this.

In dire need of suggestion. I would be really appreciated if some experts can help me with this situation.
Thank you

 

[jes_ON]

By "exempt from LMIA" I meant to use the letter of support that comes with nominee acceptance notification in place of positive LMIA paper to apply for a new work permit, which should apply for all provinces.

OK, so you mean you're applying for through a "regular" PNP program, not an express entry PNP program... Applicants in the express entry PNP programs are only eligible for work permits if they are eligible for BOWPs.... the regular PNP programs may help get the work permit, but they cannot be used for the 600 point bonus, and your PR application will be a regular PNP application (non-express entry).

If you were planning to apply to one of the NSPNP express entry streams, you should know that you would have to be eligible for the BOWP to get a work permit... Mind you, with the 600 pt bonus you would get an ITA right away, but I don't think it will happen in time (before your work permit expires). You can but try...

Can applying for a restoration of status allow me to get back my post-grad worker status for a short duration, thus making it possible to apply for a new work permit from inside Canada ?

Since PGWPs cannot be extended, then, no. The application to restore has to accompany a work permit application that is eligible for processing.

Have you looked at your country's International Experience programs? This is an example, I don't know of which country you are a citizen...
http://www.cic.gc.ca/english/work/iec/eligibility.asp?country=de&cat=wh

 

[LongN18]

OK, so you mean you're applying for through a "regular" PNP program, not an express entry PNP program... Applicants in the express entry PNP programs are only eligible for work permits if they are eligible for BOWPs.... the regular PNP programs may help get the work permit, but they cannot be used for the 600 point bonus, and your PR application will be a regular PNP application (non-express entry).

Can you give me more info about this ? I couldn't find anything about PNP express entry nominee not being able to get a letter of support, and I didn't heard anything like this from the person in charge of immigration of my company either. To be specific, I do have an official job offer so I won't be applying for open work permit but job specific work permit. I'm applying for Nova Scotia PNP Experience: Express Entry.

And I've applied to change my status to visitor, since it's confirmed that I won't be able to restore my status and apply for a new work permit inside Canada. I guess I just can't do anything about it after all.