PGWP - Correct Duration

[InfoSeeker12]

Hi everyone.

I'm going through a difficult phase, have been laid of and finding it impossible to switch to another employer as my work permit is restricted (ending in December).

I came here as int'l student, completed a 12 month/ 3 semester post graduate diploma. I got one year of Open Work Permit (applied in Nov2010).

The second year (applied in Nov2011), my company renewed the work permit and got it under their name. So i'm on a restricted work permit now, which is expiring towards end of November. But now i have been laid off and I can't switch to another employer as it takes 90 days to switch employer.

My question is - was i eligible to get the second year WP as an Open Work Permit and not restricted? I talked to a lawyer who says that since my course was more than 8 months, a complete 12 month program, i was eligible to get 2 years of Open Work Permit. Had that been the case, I could have easily switched to another employer now, but since im on a restricted WP I can't.

If any one has any suggestions or correct info about this, please do let me know.

Kind regards.

IS

 

[Pouce]

Hi, i think you need to apply for LMO. you got PGWP in 2010. and in 2011 you got work permit under your company?
when your company renewed your work permit, didnt you apply for LMO?

 

[SenoritaBella]

December is 3 months away. I get that you are disappointed but buckle up and start applying for new jobs. The new employer will have to apply for a LMO. Note that if they offer you a permanent position in a skilled job, the employer does not have to show recruitment efforts(i.e. that they tried but could not find Canadian citizens or permanent residents for the job).

The post-graduate work permit information again. It also says you may be eligible for a pgwp for the length of your studies. 3 semesters is 12 months, you got 1 year pgwp which is right.

 

[PMM]

Hi

December is 3 months away. I get that you are disappointed but buckle up and start applying for new jobs. The new employer will have to apply for a LMO. Note that if they offer you a permanent position in a skilled job, the employer does not have to show recruitment efforts(i.e. that they tried but could not find Canadian citizens or permanent residents for the job).

The post-graduate work permit information again. It also says you may be eligible for a pgwp for the length of your studies. 3 semesters is 12 months, you got 1 year pgwp which is right.

IMHO the new employer is going to have to show recruitment efforts. The employer that the OP continued with after the PGWP didn't have to show recruitment efforts, if s/he had continued that employer wouldn't have to show a Recruitment effort. But the OP is moving on to an entirely different employer, so Recruitment efforts would have to be shown.

 

[SenoritaBella]

The only condition is to have completed the post graduate work permit program in a skilled job and be offered a permanent job that requires at minimum post-secondary education or trade qualification. The permanent offer can be made by any employer and they do not have to show recruitment efforts.

See this: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

Information for Employers

Citizenship and Immigration Canada's (CIC) Post-graduation Work Permit Program provides eligible foreign students graduating from a participating post-secondary Canadian institution with Canadian work experience. Employers who want to permanently employ such graduates following completion of their PGWPP, for positions requiring at minimum post-secondary education or trade qualification, must apply for a Labour Market Opinion (LMO) from HRSDC/Service Canada. Please note that the job opportunity can be offered by a different employer than the employer that offered the position under the PGWPP. When completing the Application for a Labour Market Opinion, whether applying on-line or using the fill & print version of the application, employers must answer “yes” to the question “Is the job temporary with intent to permanent?”.

Employers must submit an Application for a Labour Market Opinion to the Service Canada Centre responsible for processing the foreign worker requests in their area. The application will be assessed using existing program criteria. In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.

Hi


IMHO the new employer is going to have to show recruitment efforts. The employer that the OP continued with after the PGWP didn't have to show recruitment efforts, if s/he had continued that employer wouldn't have to show a Recruitment effort. But the OP is moving on to an entirely different employer, so Recruitment efforts would have to be shown.

 

[jes_ON]

I agree with PMM - as I understand it, the OP already made the change from a PGWP to an LMO-confirmed TWP. Because the current work permit is a TWP (not PGWPP) any new employer would have to get the LMO (and demostrate recruitment efforts). Like the PGWPP, the exemption from showing recruitment efforts is a one-time deal, not a life-time exemption.

Actually, it looks like HRSDC has clarified this -

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations.

 

[jes_ON]

As for the original question - I agree with SenoritaBella, you were correctly issued a 1-year PGWP. For a 2 year work permit, you would have to complete a program with at least 2 academic years in Canada....