Extension of work permit

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Dear Seniors and knowledgeable peeps,

We are here from Northwest Territories. After the moratorium brouhaha things on the food industry sector was never been the same especially acquiring new LMO that is LMIA now.It is so expensive and yet no assurance. Definitely mostly of our employers is not into LMIA.

Our employers are still interested to support our nomination provided we can extend our work permit. While our work permit is still valid when at the last minute our employers made the decision to nominate us and it was just filed this October 2014. Our working permit is expiring this December 2014, January to March 2015. We are already running into two years contract period so to sum it up we are almost finishing the two years work permit.

To knowledgeable peeps and seniors of this forum we have this coveted question - here goes:

1. Is it possible to extend our work permit using a new contract stating the duration as "permanent" meaning no more stated duration period to affirm for a long term status?

2. Is it possible to attach a plea in the application of work permit for the purpose of asking consideration in lieu of the existing foreign workers to be granted an extension of work permit? The validity status of foreign workers is vital to support the nomination process.

3. Definitely LMIA will not be available so using the new contract and letter attachment or probably reusing the old LMO when applying extension work permit aside from other stated requirements; is this possible?


Your reply is greatly appreciated to lead us to the light under the tunnel. Thank you very much.

 

[ragluf]

1. Is it possible to extend our work permit using a new contract stating the duration as "permanent" meaning no more stated duration period to affirm for a long term status?

Unfortunately with just a new contract, you cannot extend a WP. You need either an LMIA or a letter of support/work support letter/statement from the NTNP

2. Is it possible to attach a plea in the application of work permit for the purpose of asking consideration in lieu of the existing foreign workers to be granted an extension of work permit? The validity status of foreign workers is vital to support the nomination process.

It is possible to include a plea, but it will not serve anything in extending a WP. A new LMIA or in this case a work support letter/statement from the province is needed to get a WP or extend a WP.

Applying for a bridging open work permit cannot be done as this requires a positive eligibility review of a PR application (PNP) already submitted to CIC. In this case, you have not even obtained a nomination certificate to be able to submit a PR application to CIC, so BOWP will not be a recourse here.

3. Definitely LMIA will not be available so using the new contract and letter attachment or probably reusing the old LMO when applying extension work permit aside from other stated requirements; is this possible?

The old LMO has a validity period, and likely will have expired at this time. Also it refers to a previous authorization covered by a previous employment offer/contract, not the new one, so this will likely result in a refusal.

NTNP guidelines show they evaluate applications within 6 weeks, it still leaves you time (although not enough leeway) to apply, granted they follow the evaluation period.

Did you include a work support letter/request in the nomination application to NTNP?
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FYI:
Recall this?: http://www.canadavisa.com/canada-immigration-discussion-board/does-approved-prov-nomination-replaces-lmia-to-continue-wp-application-t241660.0.html;msg3515729#msg3515729

The worker has requested a letter of support as part of the PNP application. Once the application is approved, a letter of support is also included with the LoA/letter of nomination. This letter of support can be used to apply for a closed work permit without an LMIA. This is most seen with PNP PR applications with employer support/sponsorship. See the excerpt from the link below:
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp

Foreign workers nominated by a province or territory
A person who has a valid nomination from a province or territory for permanent residence and is employed or has a job offer from an employer based in that province may be issued a work permit without requiring an LMIA.

In order for this provision to be applied, the application for the work permit must include:
- the job offer or employment contract;

- a copy of the nomination letter from the provincial or territorial government that confirms that the foreign national has been nominated for permanent residence by the province,
- if the nomination is expired, a copy of the acknowledgement letter confirming that CIC received the PNP application while the nomination was still valid; and

- a statement from the province that it has determined that all factors required for the issuance of a work permit under paragraph 204(c) as per its agreement with Canada have been met, and identifying the occupation and employer information. The required factors include:
- that the nominated individual is urgently required by the provincial-based employer who has made the foreign national a job offer in that province or territory (it should be noted that self-employed persons are therefore not eligible for this type of work permit given the lack of employer-employee relationship),
- that the job offer is genuine and the job offer will create economic benefits or opportunities,
- that the employment is not part-time or seasonal, and
- that the wages and working conditions of the employment would be sufficient to attract and retain Canadian citizens.

The third item is what a letter of support usually contains.
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.../hth

 

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thank you Ragluf!...you are ever reliable! Kudos and more power sharing your time, effort and resources!!! May God bless you more!