PGWP is about to expire. Is LMIA required to keep on working in Canada?

[caneda8213]

Hello guys,

I recently secured a full-time, permanent position 2 months ago with a company under NOC A category. But, my PGWP is about to expire, and I am confused on how to approach on getting my work permit extended. As far as what I have heard I will have to apply for an LMIA. Is their any other way around it? Any guidance would be greatly appreciated.

 

[Bs65]

PGWP cannot as you probably are aware be extended unless was issued short due to passport expiry date for example.

Your choices are limited you either need to apply for EE or CEC or get your employer to sponsor an LMIA application, has to be the employer applying for you and the employer of course has to pay the fee.

 

[caneda8213]

I cannot apply under either of those 2 classes above mentioned until I get a 1 year of experience. And what I have heard from people is that there is a chance of getting your LMIA denied.

I had a chat with CIC and they told me that I could come under LMIA exemption category and for that I will have to call ESDC (Temporary Foreign Worker Program). But, when I reached out to ESDC and they didn't entertain my call because I wasn't an employer. My employer said they will support my application but I will have to guide them through as they are new to this whole process and don't want to spend a lot of time on it as they're mostly busy.

Is there any chance I can get an open work permit or it has got to be employer specific? Thanks for getting back to me so quickly.

 

[scylla]

Based on the information you've provided, you don't qualify for an open work permit and are not LMIA exempt. You would need an LMIA to extend your work permit.

Is there any information you haven't given us that would indicate why you might qualify for an OWP?

 

[caneda8213]

As I got hired while I was on a PGWP(open work permit) I was assuming that I should qualify for an OWP.

Someone else suggested me to go for "Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] " as it does not require an LMIA.

 

[canuck_in_uk]

As I got hired while I was on a PGWP(open work permit) I was assuming that I should qualify for an OWP.

Someone else suggested me to go for "Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] " as it does not require an LMIA.

The fact that you were hired while on a PGWP doesn't in any way mean you qualify for an OWP.

That is just the basic work permit extension app. It doesn't tell you whether you need an LMIA or not.

As already stated, you need an LMIA if you want to continue working.

 

[caneda8213]

Thanks a lot for all y'all's valuable info.

As I am pretty determined to get a positive LMIA, do you guys suggest me of going through a lawyer?

 

[canuck_in_uk]

Thanks a lot for all y'all's valuable info.

As I am pretty determined to get a positive LMIA, do you guys suggest me of going through a lawyer?

You can't apply for an LMIA. Your employer must do it.

 

[caneda8213]

Yea, I know but what I am implying here is that many people go through a lawyer to boost the success rate on their application.