Info about LMIA

[Wannabe Canadian]

Hi there

I came to Canada on a study permit in 2013, I graduated 2015 in Calgary, then I got a Post Grad work permit. I was given the run around and a lot of miss information which has led me to apply for my AINP in Alberta very late into my permit.

I sent my app in May 4th 2018

my permit expires on August 7th

I hear the only option for me is to apply for an extension with an LMIA
but again I am in the situation where I was working in a job that was NOC class C for the past 2 years, and it is virtually impossible for me to get an LMIA with my current company.

After speaking to an immigration Lawyer, they told me that if I send off an app for a new work permit by mail knowing that it will get declined, it will buy me time (roughly 3-4 months) to get an LMIA but getting one isn't exactly easy.

But if I manage to find an employer willing to help with an LMIA that entitles me to apply for an open work permit doesn't it? if I have this permit can I not just leave the job that was offered and work elsewhere instantly? are there any ties that keep me to the job offered? because I can go back to my current job no problem while I am still awaiting my AINP to be processed so if my status gets renewed with a valid permit, I then get the extra time I need for my AINP to come through, then just apply for my PR that way.

however I also understand that if my AINP gets processed while I am in Implied Status then I can still get declined, so I need to push for a new permit ASAP.

Sorry for sounding messed up, but I am in a big mess right now, all because of miss information.

 

[scylla]

Hi there

I came to Canada on a study permit in 2013, I graduated 2015 in Calgary, then I got a Post Grad work permit. I was given the run around and a lot of miss information which has led me to apply for my AINP in Alberta very late into my permit.

I sent my app in May 4th 2018

my permit expires on August 7th

I hear the only option for me is to apply for an extension with an LMIA
but again I am in the situation where I was working in a job that was NOC class C for the past 2 years, and it is virtually impossible for me to get an LMIA with my current company.

After speaking to an immigration Lawyer, they told me that if I send off an app for a new work permit by mail knowing that it will get declined, it will buy me time (roughly 3-4 months) to get an LMIA but getting one isn't exactly easy.

But if I manage to find an employer willing to help with an LMIA that entitles me to apply for an open work permit doesn't it? if I have this permit can I not just leave the job that was offered and work elsewhere instantly? are there any ties that keep me to the job offered? because I can go back to my current job no problem while I am still awaiting my AINP to be processed so if my status gets renewed with a valid permit, I then get the extra time I need for my AINP to come through, then just apply for my PR that way.

however I also understand that if my AINP gets processed while I am in Implied Status then I can still get declined, so I need to push for a new permit ASAP.

Sorry for sounding messed up, but I am in a big mess right now, all because of miss information.

Lawyer has given you bad advice. IRCC became fed up a while back with people abusing the system and applying for work permit extensions when they don't actually qualify for one. As a result, IRCC is now returning extension applications for those who don't qualify rather than refusing them. This means that once the extension application is returned, you'll be out of status effective the date your PGWP expired and won't benefit from implied status (meaning all of the work you did after your PGWP will have been illegal work). You'll then be in Canada without status and will have to apply to restore your status (if you're still within the 90 days) which could take up to four months to process (and approval is never guaranteed). This could cause problems for your PR application since you must have valid status if you're applying from within Canada. If you're outside of the 90 days since your PGWP expired, you'll have no choice but to leave Canada. If you want to avoid these risks, apply to change your status to visitor before the PGWP expires (do not apply for the work permit extension which you don't qualify for) and then stop working as soon as your PGWP expires. Once you get an approved LMIA, then apply for a closed work permit.

 

[Wannabe Canadian]

So applying for a Visit Visa is my only option then? I'm a British Citizen, so does that mean i get 6 months?
But then I can't work at all after my permit expires, I just need to get a Valid LMIA job offer in that time then I guess.
and unless I get it fast then my AINP app will most likely get declined.

Question about the AINP though, is it possible to reapply, if I do say manage to get a new work permit. Cause I feel its pretty much the only option for me to get a PR invite as I don't have enough experience points to go the express entry route.

p.s thanks for the speedy reply btw.

 

[Wannabe Canadian]

and sorry one more question, it says that for visit visa I should apply 30 days before my permit expires, by the time I get this sent off I will be on roughly 5-7 days, will that matter? like can I still work up to the end of my permit? and not have to leave Canada while I wait for the visit visa to process?

 

[canuck78]

Have you considered IEC? You could apply and hope you get selected. Won't solve your immediate problem but your chances are probably better than finding an employer to apply for an LMIA. Not sure how old you are.

 

[Wannabe Canadian]

Yeh unfortunately I am 32 now so thats a no go for me

I just can't believe that after 5 years spent here, they make it this hard for me to stay here, graduate of college here and have 2 years work experience. but being NOC class C it screws me. miss informed about AINP screws me. I have like the worst luck in the world right now.

 

[scylla]

Yeh unfortunately I am 32 now so thats a no go for me

I just can't believe that after 5 years spent here, they make it this hard for me to stay here, graduate of college here and have 2 years work experience. but being NOC class C it screws me. miss informed about AINP screws me. I have like the worst luck in the world right now.

There are many options for remaining in Canada after studying - especially with a three year PGWP. The key is gaining the right kind of work experience after you complete your studies. If you had at least one year of full time paid work experience in a NOC A, B or 0 profession then you would likely have a number of options open to you for immigrating including CEC, FSW through Express Entry, and PNP. It's a shame you didn't research Canada's immigration programs more thoroughly to understand your options and what you needed to do in order to remain in Canada. This was up to you do to - unfortunately no one to blame but yourself.

 

[Wannabe Canadian]

So does anyone know much about Restoring Status?

Is that an option for me to try? I tried to read up on it but its unclear to me what it will do for me. If I'm on a Post grad work permit, am i able to restore it somehow or change the condition to a new open work permit? I read somewhere that I can't renew a post grad work permit, but all I'm after is an extension or a change to a different kind of permit.
Does restoring status and changing conditions also use the LMIA stream though?
or am I best to just try and apply for a Visit Visa then search for an LMIA job offer.

If I apply for my PR knowing that I don't have enough points to be invited, is that enough for me to apply for a bridging work permit?

Once again, sorry for the million questions but as I said whenever I try to find out about this kind of stuff, its very unclear concerning the type of situation I'm in.

and Yes I do realize that it is my fault, I should of tried harder to find out more about all this long ago in order to apply for certain programs with plenty of time. All I can do now is make the best of the situation I'm in. I'm just trying to find an answer, I already have people private messaging me saying they are in similar positions and are unsure of what to do.

So again any help would be greatly appreciated, thanks all.

 

[scylla]

So does anyone know much about Restoring Status?

Is that an option for me to try? I tried to read up on it but its unclear to me what it will do for me. If I'm on a Post grad work permit, am i able to restore it somehow or change the condition to a new open work permit? I read somewhere that I can't renew a post grad work permit, but all I'm after is an extension or a change to a different kind of permit.
Does restoring status and changing conditions also use the LMIA stream though?
or am I best to just try and apply for a Visit Visa then search for an LMIA job offer.

If I apply for my PR knowing that I don't have enough points to be invited, is that enough for me to apply for a bridging work permit?

Once again, sorry for the million questions but as I said whenever I try to find out about this kind of stuff, its very unclear concerning the type of situation I'm in.

and Yes I do realize that it is my fault, I should of tried harder to find out more about all this long ago in order to apply for certain programs with plenty of time. All I can do now is make the best of the situation I'm in. I'm just trying to find an answer, I already have people private messaging me saying they are in similar positions and are unsure of what to do.

So again any help would be greatly appreciated, thanks all.

Your understanding of the restoration process isn't at all correct. And you cannot apply to restore your status now. Restoring status is for once you are out of status in Canada (i.e. in Canada illegally because your visa has expired). You want to avoid going out of status - it will only harm you (not help you at all). Restoring your status can often take four months and you cannot work during that time.

If you end up being out of status and want to restore back to a work permit - yes, you would need an approved LMIA and job offer. Again, don't go out of status. Very bad idea. Switch to a visitor visa and then apply for a work permit once you have an LMIA. That's a much better option.

No - applying for PR without having sufficient points to be selected does not allow you to apply for a bridging open work permit (BOWP). To qualify for a BOWP, you need to be selected because you have enough points AND you have to submit your application AND your application has to be accepted.

Yes - you are best off just trying to apply for a visit visa then search for an LMIA job offer