Extending Work Permit after IEC

[grizzling]

Hi guys, need some advice!

I am currently on IEC Work & Travel Program with an Open Work Permit since May, 2018. I am a Graphic Designer and been working for one employer since my arrival to Canada. They are willing to extend my contract beyond the date that my WP is valid for. My IEC program ends in May, 2019 and I want to start figuring out what my best option is for staying in Canada for at least another year. I've read that it is impossible to simply extend the current IEC WP just because I will have a valid job offer from my current employer, Especially that I'm already gonna be here for 12 months and that's the amount Polish citizens are eligible for.

What are my best options? Applying for PR wouldn't really make sense after only one year here. Is asking my employer to apply for LMIA and then me applying for an employer specific work permit my best option? Or would it be enough for them to just post a job offer in the employers portal, give me the offer number which I cat put in my 5710 form etc?

I would appreciate all the help!

 

[stormgetter]

Hey,

I somewhat am in the same situation as you, same country too & I met a lawyer a few months back to find out what are all possible options to stay so I think I can help you somewhat.

If your company is willing to go through LMIA, then this option is probably almost the only one for you to keep working, without any breaks. However, the process is pretty complicated and lengthy, doing everything on your own (without a lawyer) might not be very easy. Reasons being that your employer basically has to advertise for the job for some period of time, and prove that they cannot hire a Canadian for that job (there's some legal mumbo-jumbo, my lawyer said that the success rate of these applications isn't awfully high too). If you're experienced and worth fighting for, I'm sure the company would go through with it though.

Another option would be to apply for PR through Express Entry. If you pass the requirements regarding experience (either 1+ year Canadian or 1+ year continuous foreign) and other requirements and you calculate your points and have a decent amount then that's another option. You should get on that ASAP though, you need to pass an English test & get your degree "translated" to Canadian standards before you apply, an that takes a while.

Another option is another IEC, this time Young Professionals, but unfortunately for us, Poles, we have to wait 6 months between the date when 1st IEC expires and the date when we apply for another. So you probably would only be able to apply for it in early 2020. (may + 6 = December, but usually pools are already closed in December).

Then there's some things like Significant Benefit application, this is also not very likely but it exists so I might just as well mention it.

If I were you and If I passed all requirements for the PR application, I'd go for this one.

Cheers

 

[grizzling]

Hey,

I somewhat am in the same situation as you, same country too & I met a lawyer a few months back to find out what are all possible options to stay so I think I can help you somewhat.

If your company is willing to go through LMIA, then this option is probably almost the only one for you to keep working, without any breaks. However, the process is pretty complicated and lengthy, doing everything on your own (without a lawyer) might not be very easy. Reasons being that your employer basically has to advertise for the job for some period of time, and prove that they cannot hire a Canadian for that job (there's some legal mumbo-jumbo, my lawyer said that the success rate of these applications isn't awfully high too). If you're experienced and worth fighting for, I'm sure the company would go through with it though.

Another option would be to apply for PR through Express Entry. If you pass the requirements regarding experience (either 1+ year Canadian or 1+ year continuous foreign) and other requirements and you calculate your points and have a decent amount then that's another option. You should get on that ASAP though, you need to pass an English test & get your degree "translated" to Canadian standards before you apply, an that takes a while.

Another option is another IEC, this time Young Professionals, but unfortunately for us, Poles, we have to wait 6 months between the date when 1st IEC expires and the date when we apply for another. So you probably would only be able to apply for it in early 2020. (may + 6 = December, but usually pools are already closed in December).

Then there's some things like Significant Benefit application, this is also not very likely but it exists so I might just as well mention it.

If I were you and If I passed all requirements for the PR application, I'd go for this one.

Cheers

Hi!

Thank you so much for the reply!

Yeah, I'm definitely planning on meeting with an immigration lawyer to figure stuff out. Also completely aware that it is essential to advertise the offer when it comes to LMIA process. I found this on CIC website: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-foreign-worker/temporary/extend-permit.html
and I'm wondering if the option without the LMIA would still apply since it seems that IEC falls under a LMIA exempt process (the code is c21) etc. and they are gonna try to extend my work permit while I'm still on the program.

PR might be an option too, I guess. Especially that in case of the process taking beyond the validity of my WP I can apply for the bridging WP.

Did you decide to go for PR in your situation?

 

[stormgetter]

No, this unfortunately does not work like that. They won't be able to file under LMIA exemption because you're on IEC right now. This is mostly necessary for applications for Young Professionals/International-Coop where they have to add the job to the employer portal and give exemption code (c21) in one of the fields. You will need to apply for LMIA in your case.

I'm not 100% sure about bridging WP (I'm assuming you mean implied status) if your current work permit is through IEC. Judging from this topic (haven't read it throughout though) it might not be possible https://www.canadavisa.com/canada-immigration-discussion-board/threads/iec-applying-for-pr-and-implied-status.316052/

In my situation, unfortunately I didn't pass the Express Entry requirements, so I'm going for the IEC YP option, had to wait 6 months (still waiting). Planning to apply in January if I find a job

 

[grizzling]

They don't make it easy at all, do they?

I think I will just talk to my employer to see if they are gonna be willing to go with LMIA and if not, I might try PR as it seems like the only other option that would apply to my situation.

Thank you for all the help! And I hope you will get your YP once the wait time is over!

 

[stormgetter]

Thanks, good luck to you too

 

[Copingwithlife]

They don't make it easy at all, do they?

I think I will just talk to my employer to see if they are gonna be willing to go with LMIA and if not, I might try PR as it seems like the only other option that would apply to my situation.

Thank you for all the help! And I hope you will get your YP once the wait time is over!

The government doesn’t make it easy because about 5 years ago it came to lite that employers were hiring foreigners before Canadians. So rightly so, the government cracked down and tightened the rules regarding the hiring of foreigners before Canadians. I’m sure other governments around the world have the same rules . They look out for their citizens and permanent residents before foreigners are hired for jobs
As well citizens can vote , people on temporary permits,can’t