IEC and Work Permit Extension

[Iwa1505]

Hello,

I came to Canada from Poland almost one year ago under Work and Travel Program and for 11 months I work with the same employer even though I have an Open Work Permit. My existing Working Visa will expire on 23rd of January 2019 and both me and my employer would like to continue our cooperation. What is a best way to stay in Canada and be able to work? I don't have an LMIA (since it wasn't required when I was hired) and now it seems like I need one. Can someone confirm it, please?
Just to be sure:
- Do I need to ask my employer to apply for an LMIA for me (even though I work at the same position for almost a year now)? Or maybe I need only an Offer of Employment number?
- Do I need to present an ongoing LMIA application (together with other documents) to an immigration worker on a border before my existing Open Working Visa expired to be able to work still?
I work as a Production Planner/Scheduler which is under NOC#0911 and after one full year of having canadian working experience I would like to apply for PR by an Express Entry.

Thank you for any directions/answers.

 

[scylla]

Hello,

I came to Canada from Poland almost one year ago under Work and Travel Program and for 11 months I work with the same employer even though I have an Open Work Permit. My existing Working Visa will expire on 23rd of January 2019 and both me and my employer would like to continue our cooperation. What is a best way to stay in Canada and be able to work? I don't have an LMIA (since it wasn't required when I was hired) and now it seems like I need one. Can someone confirm it, please?
Just to be sure:
- Do I need to ask my employer to apply for an LMIA for me (even though I work at the same position for almost a year now)? Or maybe I need only an Offer of Employment number?
- Do I need to present an ongoing LMIA application (together with other documents) to an immigration worker on a border before my existing Open Working Visa expired to be able to work still?
I work as a Production Planner/Scheduler which is under NOC#0911 and after one full year of having canadian working experience I would like to apply for PR by an Express Entry.

Thank you for any directions/answers.

Yes - your employer will need to obtain an LMIA. This includes advertising the job for at least three weeks to demonstrate that no Canadian could be hired for the role. Make sure your employer follows the specific advertising requirements of the LMIA process. Typically, the LMIA process takes 4-6 months to complete end to end.

You will need to apply to change your status to visitor before your IEC expires if you want to remain in Canada and wait for the LMIA to be approved. Of course you'll need to stop working as soon as the IEC expires. Once the LMIA is approved, you can apply for a closed work permit and will be able to start working again once the closed work permit is approved.

 

[Iwa1505]

Yes - your employer will need to obtain an LMIA. This includes advertising the job for at least three weeks to demonstrate that no Canadian could be hired for the role. Make sure your employer follows the specific advertising requirements of the LMIA process. Typically, the LMIA process takes 4-6 months to complete end to end.

You will need to apply to change your status to visitor before your IEC expires if you want to remain in Canada and wait for the LMIA to be approved. Of course you'll need to stop working as soon as the IEC expires. Once the LMIA is approved, you can apply for a closed work permit and will be able to start working again once the closed work permit is approved.

On CIC site I found that:
"(...)if you are working in Canada on a LMIA-exempt work permit that was issued under an international agreement or Federal-Provincial-Territorial agreement (or certain other cases), you don’t need your current employer to get an LMIA for your job offer to be valid.(...)"
is it something that I could use to not having an LMIA? It is actually a little stupid, that my employeer needs to get an LMIA for me if I already work at the same position for almost a year now.

 

[scylla]

On CIC site I found that:
"(...)if you are working in Canada on a LMIA-exempt work permit that was issued under an international agreement or Federal-Provincial-Territorial agreement (or certain other cases), you don’t need your current employer to get an LMIA for your job offer to be valid.(...)"
is it something that I could use to not having an LMIA? It is actually a little stupid, that my employeer needs to get an LMIA for me if I already work at the same position for almost a year now.

You'll need to provide the link where you took this information from. Context is everything.

However I can almost guarantee you that an LMIA is required if you want to continue working (unless there's information about your situation you haven't provided).

There's a very logical reason for LMIAs (although this reason doesn't work in your favour unfortunately). They are in place to protect the Canadian workforce and give Canadians priority for roles.

 

[Iwa1505]

You'll need to provide the link where you took this information from. Context is everything.

However I can almost guarantee you that an LMIA is required if you want to continue working (unless there's information about your situation you haven't provided).

There's a very logical reason for LMIAs (although this reason doesn't work in your favour unfortunately). They are in place to protect the Canadian workforce and give Canadians priority for roles.

Thank you.
Here is a link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=697&top=29
Now I am not sure it can be useful in my situation...

 

[scylla]

Thank you.
Here is a link: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=697&top=29
Now I am not sure it can be useful in my situation...

Unfortunately that link has nothing to do with your current situation. It refers to individuals who are applying for PR under the Express Entry program and wish to claim 50 extra points for having a job offer. Those with LMIA exempt work permits can claim these extra 50 point provided their employer is named on the work permit and they have worked for that employer for at least one full year in Canada.

 

[canuck_in_uk]

Hello,

I came to Canada from Poland almost one year ago under Work and Travel Program and for 11 months I work with the same employer even though I have an Open Work Permit. My existing Working Visa will expire on 23rd of January 2019 and both me and my employer would like to continue our cooperation. What is a best way to stay in Canada and be able to work? I don't have an LMIA (since it wasn't required when I was hired) and now it seems like I need one. Can someone confirm it, please?
Just to be sure:
- Do I need to ask my employer to apply for an LMIA for me (even though I work at the same position for almost a year now)? Or maybe I need only an Offer of Employment number?
- Do I need to present an ongoing LMIA application (together with other documents) to an immigration worker on a border before my existing Open Working Visa expired to be able to work still?
I work as a Production Planner/Scheduler which is under NOC#0911 and after one full year of having canadian working experience I would like to apply for PR by an Express Entry.

Thank you for any directions/answers.

Have you looked at the Young Professional visa?

 

[scylla]

Have you looked at the Young Professional visa?

Unfortunately that's not an option right now. There has to be a six month break between the expiry of the IEC and application for a YP work permit.

 

[canuck_in_uk]

Unfortunately that's not an option right now. There has to be a six month break between the expiry of the IEC and application for a YP work permit.

Ah, thanks for the clarification. I didn't look into the specifics of it.