PGWP coming to an end and applying for PR - Concerns

[Telitos]

Hi everyone,

I'm posting on this forum because I have some concerns regarding my upcoming PR application.

Here is my situation:

I'm a French citizen
I graduated from UofT in June 2013 (Bachelor degree) and obtained a 3-year PGWP until June 2016.
I have been officially working in a NOC1211 (B) occupation since May 1, 2015. I have been working in the company since January 2015, but my position was upgraded and I asked managment to draft a contrat that would fit a NOC 0,A or B, while staying true to my tasks obviously, which they did officially since May 1, 2015.

If I understand correctly, in order to apply to a CEC, I must have at least one year of experience in a NOC 0/A/B “pre-ITA”, which will occur on May 1, 2016, while my PGWP expires in June, 2016. Obvisouly the concern is that my shcedule is really tight, and even in the best case scenario it looks like I would have to go back to France in the interim to await the decision on my PR. I also know that I can apply for a “bridging” work permit while awaiting my PR decision ONLY once I received an ITA, which may not happen within the period of validity of my current PGWP.

Here are my questions:

Have I identified the situation correctly and will have to wait until May 1, 2016 to apply and hope all goes according to plan, or are there alternatives I am not considering? (Recall I don't have a masters degree)

In the event that all goes well and I received an ITA, if my PGWP has already expired at that time, can I still apply for an extension?

Another option is to appply for an extension of my work permit before even applying for a PR, but in this case, would my current employer have to offer proof that I am more fitted for this position than any other available Canadian?

My first question is the one I am the most concern about.

Thanks everyone for your time and potential replies.

 

[Gregor.Samsa]

Here are my questions:

Have I identified the situation correctly and will have to wait until May 1, 2016 to apply and hope all goes according to plan, or are there alternatives I am not considering? (Recall I don't have a masters degree)

In the event that all goes well and I received an ITA, if my PGWP has already expired at that time, can I still apply for an extension?

Another option is to appply for an extension of my work permit before even applying for a PR, but in this case, would my current employer have to offer proof that I am more fitted for this position than any other available Canadian?

My first question is the one I am the most concern about.

Thanks everyone for your time and potential replies.

1.- basically you had identified well the situation for EE CEC application, however you do have several other options:

EE FSW. You need at least 1 year experience but can be abroad, so if you did worked sometime as NOC 0,A,B abroad plus almost 1 year here could work.

Note I don't know the details for this stream.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=689&t=29

Anyways the big issue with EE is to get more than 450 points (current minimum approximately) to get Invitation, that applied for both CEC & FSW.

If you get 400 points you can obtain a Ontatio PNP Invitation, could be a slow way but safer if you don't have enough points.

You need a language test, better take English(IETLS or CELPIP) and French to get more points. Academic IETLS isn't valid. Take these two test should be priority for you.

Some provinces could have programs suitable for your situation, better check PNP forum and Provincial websites.

2.- If your current PGWP expires you have a short time period called Restoration Period to try to stay in Canada. Chances to be approved are low, DON'T left this happen.

If you need to stay a not longer in Canada, you can apply for a Visitor status, if apply close to the end of your PGWP will take some time to get a answer, in the meantime you're under Implied Status and can stay legally here and supposedly you can still working (this is the for WP holders asking for a WP extension, I'm not sure if you request Visitor status)

If you get ITA (Invitation), you still need to apply, after that you'll receive quickly AOR.

If you get AOR when staying legally in Canada you can apply for a BOWP, explaining your situation and adding AOR, but in order to get it you need Eligibility Passed, this take months but BOWP online applications take 140 days nowadays so perhaps when VO open your BOWP application Eligibility can be passed.

3.- in order to apply successfully for a WP extension you need the employer to get a LMIA (authorization to hire a foreigner) or be LMIA exempt.

Talk to your employer if he's interested in apply for a LMIA for your position. Need some time to be processed bit after that you can apply for a WP.

Even if your employer doesn't want to apply for a LMIA you can apply for a WP Extension knowing will be rejected but in order to get Implied Status for a while, note you should apply for OWP or Visitor status before get WP extension rejected to avoid the high risk of Restoration Period.

 

[Telitos]

Thank you for your detailed and very informative reply. I will have to assess my situation rather quickly and determine the best course of action, and maybe even take multiple.

There is one point on which I have a hard time following you. You say:

"If you get AOR when staying legally in Canada you can apply for a BOWP, explaining your situation and adding AOR, but in order to get it you need Eligibility Passed, this take months but BOWP online applications take 140 days nowadays so perhaps when VO open your BOWP application Eligibility can be passed."

What do you mean by "perhaps when VO opens your BOWP application, Eligibility can be passed"?

Also, in this situation where I am applying for a BOWP, while awaiting "Eligibility Passed", do you know if I would also benefit from an Implied Status similar to that obtained while waiting for a extension of WP?

So for instance, say I open an application to EE CEC on May 1st (after my 1 year work experience), knowing that my PGWP expires in June (basically a month after). It seems a month is just too short for all of the following to happen: - Get ITA, Apply, get AOR, apply to BOWP. (Or is that possible in a month?). Assuming a month is too short for these to happen, if I understand you, I'll have to be careful not to end up in undesirable Restoration Period during in which I will loose my current status and won't be able to work.

Based on the above, my safest course of action is, I believe, to apply for a extension of my WP (preferable with LMIA from employer). Then, while waiting for reply, keep working, apply to EE CEC on May 1st and proceed as normal. Once replied received for WP extension, keep working if reply positive, leave Canada if not until decision regarding PR is made. In this scenario, when would you suggest I apply to extend my WP (knowing my PGWP expires in June), since I must be careful that, in the event the extension is denied, I want to get as much time as possible on Implied Status to give my PR application a chance to advance.

If all of the above fail or does not turn out well, I apply for visitor status, while of course applying for PR, either under CEC or EE.

(As for the abroad experience, I'm afraid that does not apply to me, as I don't have any and I've been working a NOC 0/A/B only since May 1st 2015.)

So in summary my questions are:

1) What did you mean by the sentence I quoted above.

2) Does my more detailed exposition of the courses of action I can take better describe what is likely to happen?

Thank you again

PS: There is one thing I was thinking and would like to have an opinion on. Do I need to wait until I have had my full year of experience before opening an EE CEC application? I seem to understand that the answer is Yes, based on CIC website, but maybe I didn't interpret things correctly. Any input on that end?