HELP ME TO ANALYZE MY SITUATION PLEASE !!

[pigy888]

Hi everyone,

I'm so worried right now. Please help me to analyze my situation to see if I'm eligible.
Also, if I can still stay in Canada after my PGWP expires, and my TRV is expired too.

My PGWP will expires on Dec 8th.
I'm planning to mail the CEC PR application documents on Dec 6th.
At the same time apply the BOWP online on Dec 6th.

I've been working for my current employer since Feb 15, 2013 (so about 10 months) 40 hours per week under NOC 1112.
Previously, worked part time basis for total 128 hours under NOC 1222.

And the total hours is 1744.

My CELPIP results are as follows
Reading: 5H
Writing: 4H
Listening: 5H
Speaking: 4H

Can I still work for my current employer since contract is until 2014 2. 15, after my WP expires?

 

[scylla]

You don't qualify to apply for CEC based on the information you have provided.

You have 10 months of work with your current employer. Even though you worked 40 hours per week - you can't carry the extra hours over into another week. So this work counts for 10 months - nothing more.

You also mentioned that you have 128 hours with your first employer. That's just a bit more than four weeks.

So you're around 4-6 weeks short. Unless there's information you haven't provided, your CEC application is going to be refused due to lack of Canadian work experience.

 

[pigy888]

You don't qualify to apply for CEC based on the information you have provided.

You have 10 months of work with your current employer. Even though you worked 40 hours per week - you can't carry the extra hours over into another week. So this work counts for 10 months - nothing more.

You also mentioned that you have 128 hours with your first employer. That's just a bit more than four weeks.

So you're around 4-6 weeks short. Unless there's information you haven't provided, your CEC application is going to be refused due to lack of Canadian work experience.

Thank you for your reply!

Even though I worked part time for 2 months?

Thanks

 

[mrFoce]

Thank you for your reply!

Even though I worked part time for 2 months?

Thanks

I believe you've to calculate your part-time hours and divide by 30 to get your full-time weeks equivalent. Since you did mention you have 2 months part-time work, it means that based on the outcome of above equation you'll be able to tell how many weeks of work experience you've according to CIC guidelines.

To be safe, I wouldn't apply with just 52 weeks but with at least 55 or more.

So by the looks of it, you're not eligible. You need to apply for a work permit extension (or BOWP although you don't qualify) in order to get some extra work experience.

 

[jes_ON]

That's right - you can count part-time work, but as a fraction of the time. 128 hours / 30 hours per week means that your part-time experience will only count for about 4 weeks. As scylla said, you're about 1 month short of qualifying, based on the info you have provided.

Can I ask a silly question - since you're currently on a PGWP, have you asked your employer to apply for an LMO?

 

[pigy888]

That's right - you can count part-time work, but as a fraction of the time. 128 hours / 30 hours per week means that your part-time experience will only count for about 4 weeks. As scylla said, you're about 1 month short of qualifying, based on the info you have provided.

Can I ask a silly question - since you're currently on a PGWP, have you asked your employer to apply for an LMO?

is it too late to ask my employer for an LMO?
since my PGWP is expiring on DEC 8.....

 

[mrFoce]

is it too late to ask my employer for an LMO?
since my PGWP is expiring on DEC 8.....

It's never to late, but your employer would need about a month to prepare (due advertising requirements etc) and then it might take up to 3-4 months to get the LMO. Your work permit will be rejected way before that. Sorry to say, but you seem to late and I think you'll be unable to fulfill the work experience requirement. You seem to need at least 4 weeks of work experience, which should be gathered while you're in a legal status.

Based on (http://www.cic.gc.ca/english/information/times/temp.asp) I read that current work permits take about 20 days to process, so that means you'll be out of luck. If you want to risk it and spent $150 , go for it but I think your chances are slim.

You could take the paper route! But make SURE you send it in BEFORE your permit expires and KEEP the receipt! Your permit might still get rejected, but it might have bought you the time you need to apply for CEC!

While on implied status, do not leave Canada or you'll lose the status and you will be unable to get the work experience. If your country supports IEC and you've not applied for that yet, you might want to try that. http://www.international.gc.ca/experience/intro_incoming-intro_entrant.aspx

 

[pigy888]

Thank you very much!!!

for the paper route, are you saying BOWP or CEC PR application?


Many Thanks !!!!!

 

[mrFoce]

Thank you very much!!!

for the paper route, are you saying BOWP or CEC PR application?


Many Thanks !!!!!

I might have miscalculated, I reviewed your first post again and calculated the weeks totals:

Full-time work (41 weeks)
Part-time work (128 hours - 4 weeks)

You've about 45 weeks of work experience, but you need 52. I'm not really sure how you can close this gap.

I was talking about a work permit extension, but I think even that (paper) route might not give you the weeks needed. It's really tight and you need lots of luck and hope they delay the processing of your work permit.

Wait for other people to share their thoughts on this subject. I'm not sure why you waited this long, but you're here now and working towards a solution. Hope you find it. :-\

 

[samir3132]

Option for you if your employer supporting you than apply for visitor visa for 6 to 12 month and tell ur employer to apply for lmo so when you get lmo approve apply for wp. Than apply for pr

 

[jsm0085]

I believe your employer is exempt from having to try to recruit someone else as you were on a PGWP. They will still need to apply for LMO but won't need to advertise. If you are to make this work, you best act quick!

 

[jes_ON]

your employer would need about a month to prepare (due advertising requirements etc) and then it might take up to 3-4 months to get the LMO. Your work permit will be rejected way before that.

SIGH. This is not accurate. Because the OP is on a PGWP, the employer is exempt from the advertising requirements.
http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/variations.shtml

It would be relatively simple for your employer to apply, but your employer has to get it done TODAY. And submit application to exted your work permit application before it expires (along with some kind of proof that your employer has applied for the LMO). Otherwise, you will not be able to continue working after your work permit expires.

 

[mrFoce]

SIGH. This is not accurate. Because the OP is on a PGWP, the employer is exempt from the advertising requirements.
http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/variations.shtml

It would be relatively simple for your employer to apply, but your employer has to get it done TODAY. And submit application to exted your work permit application before it expires (along with some kind of proof that your employer has applied for the LMO). Otherwise, you will not be able to continue working after your work permit expires.

SIGH

This only seem to apply if:

Variation: The employer is making a permanent job offer in a skilled position (i.e. within NOC 0, A and B codes only) to international graduates who have completed the PGWPP. The employer is not required to demonstrate recruitment efforts.

.

The OP did not mention that the employer is willing to give them a permanent job offer. Are you saying that it applies to every PGWP even if the employer is not willing to give them a permanent position?

Besides that, even if the advertising was waived, it might still take up to 5 months to get the LMO. I agree with the rest though, try to get it out today, keep receipts and you might want to add a cover letter saying that LMO was applied for. I'm not sure if you get any reference number after applying for a LMO (or at least get it straight away) but it seems like it is your only chance.

You could still send it out tomorrow, but the post mark should be dated prior to your work permit expiry. I would suggest to send it out today. Again, make sure you keep the receipts that show that you brought it to the post office (or UPS or whatever company you use) and make sure you send it to the right address!

 

[mrFoce]

OP, any updates?

 

[pigy888]

My employer is willing to give me a permanent job offer and apply LMO for me.

I'm wondering it stated

"
Advertisement
Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations.

"

in the following website, so does it mean if Service Canada Centre receives LMO application within 90 days of the expiration of my PGWP, I still have hope, right ?


Some how I 'm not allowed to post links... but I copied above paragraph from the website.