My work permit expires in 4 months but I still haven't received my ITA.

[shizzyd]

Hi,

I submitted my Express Entry profile more than 2 months ago and haven't received my ITA yet. My open work permit expires on June 10. Since I have a CRS score of 474, I'm expecting to receive the ITA shortly HOWEVER if I don't receive my ITA before my permit expires, can I still remain in Canada as long as I maintain my status as a worker? Even if I receive my ITA when my permit expires, will I still be able to apply for my BOWP?

I'm reluctant to go through the LMIA process with my employer as we're very small in the first place and it's a complicated procedure.

Any advice would be appreciated!

 

[scylla]

Hi,

I submitted my Express Entry profile more than 2 months ago and haven't received my ITA yet. My open work permit expires on June 10. Since I have a CRS score of 474, I'm expecting to receive the ITA shortly HOWEVER if I don't receive my ITA before my permit expires, can I still remain in Canada as long as I maintain my status as a worker? Even if I receive my ITA when my permit expires, will I still be able to apply for my BOWP?

I'm reluctant to go through the LMIA process with my employer as we're very small in the first place and it's a complicated procedure.

Any advice would be appreciated!

I don't know if you've been reading the recent news, however CEC / FSW draws are not expected soon. There have been no FSW/general draws since December 2020 and no CEC draws since September 2021. There's a real possibility that there will be no draw before your work permit expires.

You need to be holding a valid work permit at the time you apply for a BOWP. So you won't be able to apply for a BOWP if your work permit has already expired.

Which province are you in? Have you looked at the PNP programs?

 

[shizzyd]

I don't know if you've been reading the recent news, however CEC / FSW draws are not expected soon. There have been no FSW/general draws since December 2020 and no CEC draws since September 2021. There's a real possibility that there will be no draw before your work permit expires.

You need to be holding a valid work permit at the time you apply for a BOWP. So you won't be able to apply for a BOWP if your work permit has already expired.

Which province are you in? Have you looked at the PNP programs?

I'm in Alberta. I've been working with an immigration lawyer regarding this. I received a PNP invitation in December but I declined because it meant I had to assert in writing that I would be willing to live in Alberta till my PR was approved. I was also my ITA would be arriving soon so I acted on the advice of my lawyer. Oh God - I'm getting really worried now.

 

[scylla]

I'm in Alberta. I've been working with an immigration lawyer regarding this. I received a PNP invitation in December but I declined because it meant I had to assert in writing that I would be willing to live in Alberta till my PR was approved. I was also my ITA would be arriving soon so I acted on the advice of my lawyer. Oh God - I'm getting really worried now.

Yeah - that was really bad advice. Sorry.

You would have needed to remain in Alberta until PR. However IMO you should have gone for the sure thing if PR is your priority. Can you get another nomination?

 

[shizzyd]

That's what I'm asking my lawyer.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html This mentions how I can apply for BOWP even if my work permit expires, but as long as I maintain my status as a worker. Can I pursue this?

 

[scylla]

That's what I'm asking my lawyer.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html This mentions how I can apply for BOWP even if my work permit expires, but as long as I maintain my status as a worker. Can I pursue this?

Right. So that means if you have an LMIA (for example) and have applied to extend your status as a worker before your work permit expiry, you would then have implied status (i.e. have maintained your status as a worker) and can therefore apply for a BOWP.

 

[scylla]

That's what I'm asking my lawyer.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html This mentions how I can apply for BOWP even if my work permit expires, but as long as I maintain my status as a worker. Can I pursue this?

Maintaining your status as a worker means that you've applied for an extension to your work permit which would indicate you qualify for an extension. The extension gives you implied status until a decision in the extension application is made - therefore allowing you to "maintain your status as a worker".

 

[shizzyd]

Maintaining your status as a worker means that you've applied for an extension to your work permit which would indicate you qualify for an extension. The extension gives you implied status until a decision in the extension application is made - therefore allowing you to "maintain your status as a worker".

This is what I was worried about. I'm sure my employer won't apply for an LMIA as this is a small company and they can easily replace me.

 

[scylla]

This is what I was worried about. I'm sure my employer won't apply for an LMIA as this is a small company and they can easily replace me.

Can you get another nomination from Alberta? IMO this is your absolute best path right now. Everything else is extremely uncertain. You can read some of these discussions here regarding the uncertainty.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/no-fsw-or-cec-draws-in-the-next-one-whole-year-based-on-immigration-levels-plan-2022-2024.758435/#post-9961040

 

[shizzyd]

This is what I will prioritize now. Can you get a second PNP nomination if you declined the first one?

 

[scylla]

This is what I will prioritize now. Can you get a second PNP nomination if you declined the first one?

I don't know enough about that program to answer this question.

 

[hasanib92]

I'm in Alberta. I've been working with an immigration lawyer regarding this. I received a PNP invitation in December but I declined because it meant I had to assert in writing that I would be willing to live in Alberta till my PR was approved. I was also my ITA would be arriving soon so I acted on the advice of my lawyer. Oh God - I'm getting really worried now.

That was the worst advice to get ever.

 

[Hmmm]

Right. So that means if you have an LMIA (for example) and have applied to extend your status as a worker before your work permit expiry, you would then have implied status (i.e. have maintained your status as a worker) and can therefore apply for a BOWP.

This is the exact text from the IRCC websit.

“Who can apply for a BOWP
To be eligible, you must:

• live in Canada (Quebec not included)
• either
  • have a valid work permit
  • have an expired work permit but maintained your status as a worker
  • be eligible to restore your status and get a work permit”

Don't understand how you are interpreting this.

 

[Hmmm]

Right. So that means if you have an LMIA (for example) and have applied to extend your status as a worker before your work permit expiry, you would then have implied status (i.e. have maintained your status as a worker) and can therefore apply for a BOWP.

If someone has applied for and gotten a positive LMIA, and applied to extend their status as a worker before their PGWP expires, they will be on implied status until a decision is made on their work permit extension application. So why would they apply for BOWP again? Isn't that duplication and waste of money and time?

I thought the LMIA would normally allow you to apply for a work permit?