In a Pickle: Extending PGWP? Expires in two weeks. PR delayed!

[ryscher]

Here's my situation.

1. PGWP expires Nov 1, 2013.
2. Applied OUTLAND spousal sponsorship in February 2013.
2. PR app is in its final stages. They requested FBI Clearance and passport in early September.
3. Sent fingerprints and FBI clearance form to FBI early September.
4. Gov't shutdown delayed clearance processing.
5. Study permit (from taking master's courses) expires Dec 31, 2013 so I will be able to continue to be in Canada...just not work.

This means that I probably won't receive the FBI clearance for another few weeks. My work permit expires in two weeks.

Questions...

1. Can I keep working under implied status?
2. Is it possible to apply for an bridging work permit under my PR class?
3. If I go to the border and explain my situation, do you think that they will extend my permit just for a few months?
4. In order to extend a PGWP permit would my employer have to fill out a LMO? How long would that take and would I be able to keep working?

Any other ideas on how I could keep working? This is such a difficult situation as I am my boss's only worker and if I have to stop working it will really be bad.

 

[Leon]

You can't extend a PGWP.

You are only eligible for a bridging permit if you have applied under FSW, FST or CEC or PNP.

The only remaining option would be for the employer to apply for an LMO and you to apply for a regular work permit based on concurrent processing as your permit is less than 2 weeks away from expiring. You have really left this until the last minute.

Even if the LMO is denied which it will be because your employer has not advertised the job for the length of time he is supposed to before applying for the LMO, you will have implied status until your work permit is denied due to LMO being denied so you would be able to continue working at least for a little while as you wait to get your PR. Hopefully enough time. When your work permit gets refused, you would have to stop working and if you still want to stay, you would have to apply to restore your status to visitor.

 

[ryscher]

Yes, I did leave this until the last minute. I suppose I was honestly expecting everything to go relatively smoothly. I thought that I had submitted my PR with enough time to allow it to process. But when they requested the FBI clearance and then the US gov't shutdown, things started going off the rails.

Thank you for your reply.

 

[Leon]

Another tip, while your employer is applying for the LMO which you know will be refused, he should look into advertising the job and actually fulfilling the LMO requirements.

That way, when this LMO is denied because of not advertising the job and fulfilling other requirements, resulting in your work permit being denied and you having to stop working, your employer could apply for another LMO fulfilling requirements so he would actually have a chance of getting it. If your PR had further delays but your employer gets an LMO, you would be able to apply for a work permit so you could start working again until you get your PR.