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Help!! Need opinion in current situation to maintain as worker

Jaja1596

Full Member
Oct 9, 2024
27
1
Hi guys,

i am currently working in a bank, making decent money, definitely above the top wage bracket. I just got rejected on my work permit extension. I am wondering if there is any other way to get work permit without LMIA?

And my work experience will be one year at january 2nd, 2025. However, i have to stop working now due to the rejection, will this count to my points still? I heard i can attach a letter to explain my situation to over come this, but want to get second opinion.

worst case that i stay as visitor, my last work permit is PGWP. I am restoring my status. Should i restore it to visitor then wait for ITA? Or try to restore to worker?

please any help will be appreciated.
 

forevermore76

Hero Member
May 19, 2024
635
195
Hi guys,

i am currently working in a bank, making decent money, definitely above the top wage bracket. I just got rejected on my work permit extension. I am wondering if there is any other way to get work permit without LMIA?

And my work experience will be one year at january 2nd, 2025. However, i have to stop working now due to the rejection, will this count to my points still? I heard i can attach a letter to explain my situation to over come this, but want to get second opinion.

worst case that i stay as visitor, my last work permit is PGWP. I am restoring my status. Should i restore it to visitor then wait for ITA? Or try to restore to worker?

please any help will be appreciated.
How were you eligible for a work permit extension? Let me guess, your PGWP expired 6 months ago but you applied for extension anyways.
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi guys,

i am currently working in a bank, making decent money, definitely above the top wage bracket. I just got rejected on my work permit extension. I am wondering if there is any other way to get work permit without LMIA?

And my work experience will be one year at january 2nd, 2025. However, i have to stop working now due to the rejection, will this count to my points still? I heard i can attach a letter to explain my situation to over come this, but want to get second opinion.

worst case that i stay as visitor, my last work permit is PGWP. I am restoring my status. Should i restore it to visitor then wait for ITA? Or try to restore to worker?

please any help will be appreciated.
You must stop working immediately.

Your employer needs to obtain an approved LMIA in order for you to apply for a closed work permit. If you work for one of the big banks, they unfortunately will not go through the process.

You need to restore your status to visitor. You do not qualify to restore your status to worker. We did tell you a few months ago that your work permit was going to be refused so I'm assuming you were prepared for this outcome and have a plan for what you will do next.

You can try seeing if IRCC will accept this as one year of Canadian work experience. Technically you are short. However they may accept it. Do you have enough points to be selected under CEC?

Without a job offer supported by an LMIA, you won't be able to get a work permit again
 

Jaja1596

Full Member
Oct 9, 2024
27
1
You must stop working immediately.

Your employer needs to obtain an approved LMIA in order for you to apply for a closed work permit. If you work for one of the big banks, they unfortunately will not go through the process.

You need to restore your status to visitor. You do not qualify to restore your status to worker. We did tell you a few months ago that your work permit was going to be refused so I'm assuming you were prepared for this outcome and have a plan for what you will do next.

You can try seeing if IRCC will accept this as one year of Canadian work experience. Technically you are short. However they may accept it. Do you have enough points to be selected under CEC?

Without a job offer supported by an LMIA, you won't be able to get a work permit again
Yeap I remember this. My points is 536, so close to the last draw. I appreciate your help. I probably will restore as visitor first.
Im curious if i get an ITA in the next 90 days, can i apply for express entry within “grace period” Or i have to restore first?
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yeap I remember this. My points is 536, so close to the last draw. I appreciate your help. I probably will restore as visitor first.
Im curious if i get an ITA in the next 90 days, can i apply for express entry within “grace period” Or i have to restore first?
The 90 days is not a grace period. You are in Canada without status effective immediately. Apply to restore your status to visitor ASAP. If you get ITA then you can submit your application. However your PR application cannot be processed if you are in Canada without status. You need to either successfully restore your status or leave Canada. Again, I would strongly recommend applying for restoration now.

Note that you will not qualify for a BOWP.
 

Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
Yeap I remember this. My points is 536, so close to the last draw. I appreciate your help. I probably will restore as visitor first.
Im curious if i get an ITA in the next 90 days, can i apply for express entry within “grace period” Or i have to restore first?
So your points are based on how many years of Canadian experience. IRCC will not count any work experience after WP expiry.
 

Jaja1596

Full Member
Oct 9, 2024
27
1
The 90 days is not a grace period. You are in Canada without status effective immediately. Apply to restore your status to visitor ASAP. If you get ITA then you can submit your application. However your PR application cannot be processed if you are in Canada without status. You need to either successfully restore your status or leave Canada. Again, I would strongly recommend applying for restoration now.

Note that you will not qualify for a BOWP.
Yeap i will be consulting my immigration lawyer in the next couple of days and apply then. While waiting for restoration, can i stay in Canada? Since I heard it takes some time.
 

Jaja1596

Full Member
Oct 9, 2024
27
1
So your points are based on how many years of Canadian experience. IRCC will not count any work experience after WP expiry.
Yes i do understand that part, but since i have no choice atm, i will just take a shot by explaining my situation on the 1.5 weeks gap.
 

Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
ada

well around October, but why would experience during implied status not count?
Because work permit extension was refused, and you didn’t get ITA during that time to apply for PR. IRCC can count the work experience up until WP refusal. You were not eligible for an extension so work experience during that time should not be counted. You will only find out if you get ITA, apply PR and be approved.
 
Last edited:

forevermore76

Hero Member
May 19, 2024
635
195
Because work permit extension was refused, and you didn’t get ITA during that time to apply for PR. IRCC can count the work experience up until WP refusal. You were not eligible for an extension so work experience during that time should not be counted. You will only find out if you get ITA, apply PR and be approved.
Sadly, the work experience does count until the day of losing status.
 

Naturgrl

VIP Member
Apr 5, 2020
45,504
9,740
Sadly, the work experience does count until the day of losing status.
Shall see because OP doesn’t have a year of experience and is short a couple of weeks. So OP will have to come back and say if PR was successful but still needs ITA. This is the next thing the goverment introduces to stop - fake extensions.