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Federal immigration with Arrange offer

Shikari

Full Member
Nov 3, 2011
26
2
Hi,
I am in Canada as an international student, i am eligible to apply under Federal immigration with arranged offer letter as i have Post graduate work permit. I only have 8 months pg work permit and my file will take some time to complete. I am not sure what will i do after my pgwp expires while my file is already in process. please help....i dont want to come back....please suggest how can i stay there????

Thanks
 

Shikari

Full Member
Nov 3, 2011
26
2
Shikari said:
Hi,
I am in Canada as an international student, i am eligible to apply under Federal immigration with arranged offer letter as i have Post graduate work permit. I only have 8 months pg work permit and my file will take some time to complete. I am not sure what will i do after my pgwp expires while my file is already in process. please help....i dont want to come back....please suggest how can i stay there????

Thanks
Any experienced person............. please reply to this?????????
 

hiteshdand

Champion Member
Mar 3, 2010
1,066
9
Category........
Visa Office......
New Delhi
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2010
Doc's Request.
26-05-2010
Nomination.....
N/A
AOR Received.
Second AOR 5th july 2010. FULL DOCUMENTS SENT ON 24TH JUNE 2010
IELTS Request
OVERALL BAND 8
File Transfer...
01-06-2010. CURRENT STATUS-- 'COMPLETE'
Med's Request
28-01-2013
Med's Done....
11-02-2013. MEDS VALIDITY-- 19-02-2014.
Interview........
PASSED WITH FLYING COLOURS ON 24TH JAN 2013 @ 9:30 AM
Passport Req..
28-01-2013. PASSPORT AND PACKAGE RECEIVED BY CHC ND ON 23-02-2013. RPRF DRAFT ENCASHED ON 9-03-2013.
VISA ISSUED...
12-11-2013.
LANDED..........
21-01-2014 @ EDMONTON.
Shikari said:
rt
Hi,
I am in Canada as an international student, i am eligible to apply under Federal immigration with arranged offer letter as i have Post graduate work permit. I only have 8 months pg work permit and my file will take some time to complete. I am not sure what will i do after my pgwp expires while my file is already in process. please help....i dont want to come back....please suggest how can i stay there????

Thanks
hi
hire a good lawyer there and he will help you out. or it will be very tough for you to overstay on student visa. in canada, no one is going to deport you, because it is a humanitarian country, but why take chances.
if u stay illegally after your pgwp expires, that could be a bad remark on your immigration file.
 

Shikari

Full Member
Nov 3, 2011
26
2
hiteshdand said:
hi
hire a good lawyer there and he will help you out. or it will be very tough for you to overstay on student visa. in canada, no one is going to deport you, because it is a humanitarian country, but why take chances.
if u stay illegally after your pgwp expires, that could be a bad remark on your immigration file.
Thanks Hitesh,
Also will they gonna allow me to visit India if require in between? :)
 

hiteshdand

Champion Member
Mar 3, 2010
1,066
9
Category........
Visa Office......
New Delhi
NOC Code......
0111
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2010
Doc's Request.
26-05-2010
Nomination.....
N/A
AOR Received.
Second AOR 5th july 2010. FULL DOCUMENTS SENT ON 24TH JUNE 2010
IELTS Request
OVERALL BAND 8
File Transfer...
01-06-2010. CURRENT STATUS-- 'COMPLETE'
Med's Request
28-01-2013
Med's Done....
11-02-2013. MEDS VALIDITY-- 19-02-2014.
Interview........
PASSED WITH FLYING COLOURS ON 24TH JAN 2013 @ 9:30 AM
Passport Req..
28-01-2013. PASSPORT AND PACKAGE RECEIVED BY CHC ND ON 23-02-2013. RPRF DRAFT ENCASHED ON 9-03-2013.
VISA ISSUED...
12-11-2013.
LANDED..........
21-01-2014 @ EDMONTON.
Shikari said:
Thanks Hitesh,
Also will they gonna allow me to visit India if require in between? :)
hi
i don't see any problem for you to visit india in between, only if u have a multiple entry visa.
regards
hitesh.
 

wilson

VIP Member
Oct 11, 2008
4,405
324
Job Offer........
Pre-Assessed..
Shikari said:
Hi,
I am in Canada as an international student, i am eligible to apply under Federal immigration with arranged offer letter as i have Post graduate work permit. I only have 8 months pg work permit and my file will take some time to complete. I am not sure what will i do after my pgwp expires while my file is already in process. please help....i dont want to come back....please suggest how can i stay there????

Thanks
Hi Shikari,

You will be on “implied status” according to Overseas Processing Manual Chapter 11, Section 23.6.
It indicates the following:
“A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made (R. 183(5)). The person is considered to have “implied status” as a temporary resident during that
period.

If a temporary resident applies for a renewal of their work or study permit and their permit expires before a decision is made, R. 186(u) and R. 189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.


A temporary resident with implied status who has left Canada may be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa exempt as per R. 190 or on a multiple entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the Port of Entry officer that they have sufficient means of support. Alternatively, they may be allowed to apply for a new work or study permit at the Port of Entry, provided they have a right to do so under the Regulations.

Hope it answers to your question.
 

Shikari

Full Member
Nov 3, 2011
26
2
wilson said:
Hi Shikari,

You will be on “implied status” according to Overseas Processing Manual Chapter 11, Section 23.6.
It indicates the following:
“A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made (R. 183(5)). The person is considered to have “implied status” as a temporary resident during that
period.

If a temporary resident applies for a renewal of their work or study permit and their permit expires before a decision is made, R. 186(u) and R. 189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada.


A temporary resident with implied status who has left Canada may be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are temporary resident visa exempt as per R. 190 or on a multiple entry visa. They may not resume work or study in Canada until their application for renewal has been granted. For those not able to resume work, they must satisfy the Port of Entry officer that they have sufficient means of support. Alternatively, they may be allowed to apply for a new work or study permit at the Port of Entry, provided they have a right to do so under the Regulations.

Hope it answers to your question.
Thanks Wilson :)
 

Shikari

Full Member
Nov 3, 2011
26
2
Can you also tell me how long will this process take i applied last month.

Thanks in advance!!!
 

Shikari

Full Member
Nov 3, 2011
26
2
calgirl31 said:
i would also like to know what are the options after a post graduate work permit.
I dont understand what are you saying....can you please elaborate this???
 

burcu

Star Member
Aug 16, 2010
56
1
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
30-11-2009
Doc's Request.
03-02-2010
AOR Received.
06-05-2010
File Transfer...
5-10-2011 transerred to Detroit
Med's Request
15-10-2011 (RPRF requested)
Med's Done....
July 2011 (done in advance)
Interview........
waived
Passport Req..
14-11-2011
VISA ISSUED...
15-11-2011
LANDED..........
15-11-2011
After your pgwp expires, which is an open work permit, your employer needs to apply for labour market opinion, with LMO then you can apply to extend your status which will give you a closed work permit, meaning you will not be allowed to work anywhere else.
To get LMO your employer will need to advertise the position first, for 2 weeks on jobbank, and also on local newspapers. You can find the rest of the instructions on HRSDC website. This process may take up to 3-4 months including the advertising period. If LMO is refused, and if you have applied for PR with arranged employment, losing your work permit and your job means your application will no longer be valid, so you need to get LMO.
The PR application process -with arranged employment- was supposed to take less than a year, but right now, for my case it's been 2 years almost, since I applied. I had LMO, had to renew it recently.LMO is given for 2 years usually, so if you can get it you will be good.
After LMO, you can get your work permit, which will be for 2 years, then you can apply for multiple entry visa, and go to India and come back if you want.
 

Shikari

Full Member
Nov 3, 2011
26
2
burcu said:
After your pgwp expires, which is an open work permit, your employer needs to apply for labour market opinion, with LMO then you can apply to extend your status which will give you a closed work permit, meaning you will not be allowed to work anywhere else.
To get LMO your employer will need to advertise the position first, for 2 weeks on jobbank, and also on local newspapers. You can find the rest of the instructions on HRSDC website. This process may take up to 3-4 months including the advertising period. If LMO is refused, and if you have applied for PR with arranged employment, losing your work permit and your job means your application will no longer be valid, so you need to get LMO.
The PR application process -with arranged employment- was supposed to take less than a year, but right now, for my case it's been 2 years almost, since I applied. I had LMO, had to renew it recently.LMO is given for 2 years usually, so if you can get it you will be good.
After LMO, you can get your work permit, which will be for 2 years, then you can apply for multiple entry visa, and go to India and come back if you want.
Are you serious BURCU....................

Please go through this: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml
 

burcu

Star Member
Aug 16, 2010
56
1
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
30-11-2009
Doc's Request.
03-02-2010
AOR Received.
06-05-2010
File Transfer...
5-10-2011 transerred to Detroit
Med's Request
15-10-2011 (RPRF requested)
Med's Done....
July 2011 (done in advance)
Interview........
waived
Passport Req..
14-11-2011
VISA ISSUED...
15-11-2011
LANDED..........
15-11-2011
the link you gave says the same thing, if you are under post-grad work permit program u can work up to 3 years, yess that's true. if u study for 1 year you get 1 year wp, if you study 2 years you get 3 years work permit. If you studied 1 year and got a 1 year work permit, after it expires you can not extend your post-grad wp anymore, you need LMO for a new type of work permit, since post-grad work permit is a once in a lifetime type opportunity, even if u study again you can not get a post-grad work permit again, therefore you can not extend it as well.
 

Shikari

Full Member
Nov 3, 2011
26
2
burcu said:
the link you gave says the same thing, if you are under post-grad work permit program u can work up to 3 years, yess that's true. if u study for 1 year you get 1 year wp, if you study 2 years you get 3 years work permit. If you studied 1 year and got a 1 year work permit, after it expires you can not extend your post-grad wp anymore, you need LMO for a new type of work permit, since post-grad work permit is a once in a lifetime type opportunity, even if u study again you can not get a post-grad work permit again, therefore you can not extend it as well.
You still didn't read what i want you to read :)

Please see thay said if a person on a PGWP then employer dont need to show reacritment efforts to get positive LMO, he just has to tick on the columnwhich said "intended to make him permanent" so how could you say that it is difficult to get positive LMO, as of now i am in purchasing industry so it is dificult to get positive LMO if i get job in purchasing or Admin??