Options to stay post-IEC

[JessG]

Hello,
Our IEC Working Holiday Open Work Permits End in about 3mths. So just trying to work out our next steps, and a bit overwhelmed with all the information I've read through so far.

More detail:
My husband (NZ, 33) and I (Aus, 33) are here on IEC Working Holiday Open Work Permits that expire in Feb 2019. We understand IECs cannot be applied for again, nor extended, so are trying to find out what our options are to stay here and work for another 2-3 years.

We are both employed ongoing FT in Ontario (NOC 2172/2412, 1yr/6mths respectively). We probably have enough points for PR, but not confident that process will be finalized by the time our visas expire. (And PR looks way more complicated/expensive than work permits.)

Unsure if our employers are willing to go through the LMIA process for us, but plan to ask anyway.

Specific Questions:
1. What 2yr or 3yr work permits could we look at to stay longer (and keep working our current jobs)?
2. If we have to do PR, can we continue working legally whilst the application is in progress? (i.e. received our ITA and then provided all doco/uploaded the application) - e.g. is this just the BOWP we need to apply for after submitting PR app? Or implied status?
3. Are the implied status rules about living in Canada only/OHIP etc, or also apply to being allowed to work?

Thanks so much!

 

[scylla]

Hello,
Our IEC Working Holiday Open Work Permits End in about 3mths. So just trying to work out our next steps, and a bit overwhelmed with all the information I've read through so far.

More detail:
My husband (NZ, 33) and I (Aus, 33) are here on IEC Working Holiday Open Work Permits that expire in Feb 2019. We understand IECs cannot be applied for again, nor extended, so are trying to find out what our options are to stay here and work for another 2-3 years.

We are both employed ongoing FT in Ontario (NOC 2172/2412, 1yr/6mths respectively). We probably have enough points for PR, but not confident that process will be finalized by the time our visas expire. (And PR looks way more complicated/expensive than work permits.)

Unsure if our employers are willing to go through the LMIA process for us, but plan to ask anyway.

Specific Questions:
1. What 2yr or 3yr work permits could we look at to stay longer (and keep working our current jobs)?
2. If we have to do PR, can we continue working legally whilst the application is in progress? (i.e. received our ITA and then provided all doco/uploaded the application) - e.g. is this just the BOWP we need to apply for after submitting PR app? Or implied status?
3. Are the implied status rules about living in Canada only/OHIP etc, or also apply to being allowed to work?

Thanks so much!

1. You would need to switch to closed work permits which required your employer to obtain an approved LMIA. You are extremely short on time to obtain an approved LMIA and switch to a closed work permit.
2. If you receive ITA and submit your application, you can obtain a BOWP. The BOWP would allow you to keep working. IECs don't benefit from implied status in the same way other work permits do. Submitting a BOWP application before your IECs expire would allow you to remain in Canada but not work. You would have to wait for the BOWP approval to work. To apply for PR, there's quite a bit of prep work including language tests and having your education assessed. Also, right now you need to have 440+ points to be selected under Express Entry.
3. I'm not sure I understand this question.

 

[JessG]

1. You would need to switch to closed work permits which required your employer to obtain an approved LMIA. You are extremely short on time to obtain an approved LMIA and switch to a closed work permit.
2. If you receive ITA and submit your application, you can obtain a BOWP. The BOWP would allow you to keep working. IECs don't benefit from implied status in the same way other work permits do. Submitting a BOWP application before your IECs expire would allow you to remain in Canada but not work. You would have to wait for the BOWP approval to work. To apply for PR, there's quite a bit of prep work including language tests and having your education assessed. Also, right now you need to have 440+ points to be selected under Express Entry.
3. I'm not sure I understand this question.

Thankyou so much!

So if we go for the closed work permits, as long as the LMIA has come through and our work permit applications submitted to CIC (but in progress), we can continue working under implied status whilst processing/approval occurs?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

Is there an end-date / time frame for the closed work permits? Or continues for as long as we stay working there?

Also, if only one of our employers are willing to do the LMIA process, can the other one of us get a spousal open working visa as part of, or linked to, the closed work permit?

 

[PMM]

Hi

Thankyou so much!

So if we go for the closed work permits, as long as the LMIA has come through and our work permit applications submitted to CIC (but in progress), we can continue working under implied status whilst processing/approval occurs?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=188&top=17

Is there an end-date / time frame for the closed work permits? Or continues for as long as we stay working there?

Also, if only one of our employers are willing to do the LMIA process, can the other one of us get a spousal open working visa as part of, or linked to, the closed work permit?

1. No, you can't continue working when your IEC expires, it is not extendable, and there is no implied status with it.
2. The spouse can only get a spousal open work permit if the other spouse is in a NOC, A, B or O job.