PG work permit and ECE

[swsx]

Hi

I have completed 9 months of post graduate study from an accredited college in Toronto (Seneca)and have a post graduate work permit till August 2011. I am now working with a financial services company in my field of study since 6 months.

I wish to know my options as my work permit expires in Aug 2011.

1. Should I wait and apply for PR thru the Canadian Experienced Class after I complete 12 months of work in July 2011. If this is the case, then I don't have a permit after Aug 2011 as I cannot apply for an extension of the post grad work permit. Can I then live and work in Canada, stating that my papers are in process? Would I lose my job?

2. Or should I apply for a PR thru the Federal skilled worker program as I have a permanent full time job?

Need your advise....please help!!!

 

[Leon]

9 months studies is not enough to apply under CEC as a graduate. You need either 2 years studies + 12 months work or without counting studies you need 24 months work.

You could look into if your employer can and will sponsor you under the provincial nominee program in the province where you are.

You could apply for PR through FSW with a job offer but you would need to be able to renew your work permit when it expires.

The way to renew your work permit would be for the employer to apply for a labour market opinion, see http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/temp_workers.shtml

 

[swsx]

Thanks Leon, I was under the impression that one year study + one year work was the requirement for CEC.

I don't know if my employer would be willing to go through the entire hassle of applying to the LMO... So probably FSW is the best option. Would you know if I can apply for an extension of my post grad work permit, or just extend my work permit? ...as this will give me time to process my FSW paperwork. I can apply under this category once I complete 12 years of work ex in canada.

The CIC website does not state that a post grad work permit cannot be extended...though some posts here have mentioned something to this effect. i don't know which to believe.

Need your advice again..

 

[Leon]

You can not extend a PG work permit unless it was initially issued for a shorter time than you qualified for because of your passport expiring. Say you qualified for 3 years but passport is expiring after 2, you would only get 2 but once you renew your passport, you could extend to get the 3rd year. If you already got the full length of work permit you qualified for, you can not extend. The only way for you to stay on a work permit is for the employer to apply for an LMO for you and you to get a regular work permit.

If the employer sponsors you under PNP, which is also a hassle and he may not want to do if he doesn't want to apply for your LMO, and if you are nominated by PNP before your PG work permit expires, they could lift your need to get an LMO to allow you to get a work permit without one.

To apply under FSW with a job offer if you are already in Canada, your work permit needs to be valid for the duration of your processing and you need a permanent job offer from the employer. If your permit expires and you can not get it renewed, maybe you can leave Canada, talk the employer into applying for an AEO for you and use that to apply under FSW.

 

[swsx]

Thanks Leon...you have been of great help.

I am still indecisive on what needs to be done. Do you think I should speak to an immigration Lawyer?

I really like my job and don't want to lose it...if I don't get my permit extended on time, i might have to quit

 

[Leon]

To get a continued permit, your employer has to apply for an LMO. You can talk to a lawyer if you want to.

 

[swsx]

Can you recommend anyone? there are so many lawyers, that its difficult to weed out the good ones from the bad...

Thanks again for your input.

 

[Leon]

for example the one who owns this website: http://www.canadavisa.com

 

[jes_ON]

Just to add a couple of things to the good advice from Leon-

As mentioned, for you to get a new work permit, your employer will have to apply for an LMO. They should do this about 4 months before your PGWP expires. If your employer is hesitant, it should help to know that, because you were initially hired on a PGWP, it will be easier to get an LMO - they do not have to document recruitment efforts, but they do have to indicate that you were originally hired on a PGPW, and indicate "intent to permanent" (meaning that the intention is for permanent employment if you get PR).

Also, for any of these skilled worker programs, your experience has to be skilled - NOC level O, A, or B. Just mentioning this because you didn't = make sure that your job experience will apply...

 

[swsx]

Thanks Leon and Jes_ON. I will speak to my employer and then decide. In the meantime I have already spoken to a few lawyers.

Will keep you updated.

Ta

 

[swsx]

Hi Leon,

May I ask another question, for an FSW application, does the one year work criteria mean one year work experience (in the 29 occupation) in Canada? or is work experience in any other country also counted?

Thanks,

 

[Leon]

It can be in any country.

However, if you have a 1 yr. experience in one of the 29, you do not need a job offer to apply under FSW. You can apply today if you want to, as long as you also have enough points. You only need a job offer if you do not have enough points without it or if your occupation is not one of the 29.

 

[zhaotianwu]

talk the employer into applying for an AEO for you and use that to apply under FSW.

Isn't an open work permit like post graduation work permit exempted from AEO?

 

[jes_ON]

Leon meant that, if you can't get your work permit renewed, and have to leave Canada, your employer might be willing to apply for an AEO for you (so that you could come back).

You COULD apply under Arranged Employment with your PGWP and an offer of permanent employment, but
a) your eligibility would end as soon as your work permit expires, and
b) if your employer is willing to offer you permanent employment, why the heck would they NOT fill out a 2 page form to get an LMO for you?

NOTHING will be processed before your work permit expires. You will simply have to ask your boss to apply for an LMO. And in your case, because you were on a PGWP, it will be much less of a "hassle" than for most of us.

 

[swsx]

Hi leon

I have another question, for the LMO - who has to fill it out? It says employer, so I was wondering if its my immediate manager or HR?

Thanks
Swati