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PGWP + positive LMIA, claim 50 points

Naturgrl

VIP Member
Apr 5, 2020
45,751
9,794
My employer has filed for dual intent LMIA on 19 June. He also applied for extension as my PGWP was expiring on 20 July. I created my express entry profile with CRS 470, anticipating that after getting positive LMIA it will increase to 520.

Now there is a problem. My employer has not yet filed his income tax return, and my lawyer says my application will be rejected. I hope that he will file it in a month and current LMIA processing time is 97 working days (Nov - Dec in my case).

Please advise. If I get visitor status and try to increase my CRS by learning French, will I be able to file my PR application. Are there any other options or the road is closed for me
Well you were not eligible to extend PGWP so it will be refused anyways. Once it is refused then you are out of status in Canada. You will not get a response for a LMIA in that timeframe. I think they are processing February/March LMIA application right now.

If you know French then start immersing yourself as you need CLB 7 (Advanced-Intermediate) to gain points. Basic French is of no help.

May need to change status to visitor. And you cannot apply for a LMIA within Canada so need to figure that out to.
 

NewDelhi

Star Member
Apr 24, 2022
54
7
Well you were not eligible to extend PGWP so it will be refused anyways. Once it is refused then you are out of status in Canada. You will not get a response for a LMIA in that timeframe. I think they are processing February/March LMIA application right now.

If you know French then start immersing yourself as you need CLB 7 (Advanced-Intermediate) to gain points. Basic French is of no help.

May need to change status to visitor. And you cannot apply for a LMIA within Canada so need to figure that out to.
Thanks.
I mistakenly written extension of PGWP. Actually, it was filed after applying for dual purpose LMIA, for working under my employer only. If I get that closed work permit, I can work I get a decision on LMIA. This my lawyer says.
I hope my employer files his tax returns soon and I get positive LMIA. Otherwise as you said CLB 7 is required to gain CRS points.
 

NewDelhi

Star Member
Apr 24, 2022
54
7
My employer filed dual purpose LMIA for me on 19 June 2024. I was working for them under PGWP (valid up to August 2024). Thus had also applied for work permit which has been rejected on 04 December 2024. I have stop working now.
Please advice
1. My LMIA application is still valid or not, and when is the decision expected.
2. Do I have 90 days time (from date of rejection of work permit) tor getting visitor status.
 

Naturgrl

VIP Member
Apr 5, 2020
45,751
9,794
My employer filed dual purpose LMIA for me on 19 June 2024. I was working for them under PGWP (valid up to August 2024). Thus had also applied for work permit which has been rejected on 04 December 2024. I have stop working now.
Please advice
1. My LMIA application is still valid or not, and when is the decision expected.
2. Do I have 90 days time (from date of rejection of work permit) tor getting visitor status.
1. If you go to the foreign workers threads, LMIAs submitted in March are currently being processed. So you have some time to wait.
2. What did the letter say about status? You are without status now.

What is your CRS score once LMIA is approved?
 

NewDelhi

Star Member
Apr 24, 2022
54
7
1. If you go to the foreign workers threads, LMIAs submitted in March are currently being processed. So you have some time to wait.
2. What did the letter say about status? You are without status now.

What is your CRS score once LMIA is approved?
 

NewDelhi

Star Member
Apr 24, 2022
54
7
Thanks for your reply.
So in my case LMIA decision will not come before Jan/Feb 2025.
The letter says that my work permit application is not approved, since I have not yet received positive LMIA.
I have created Express Entry profile in August 24 with CRS score 469. After LMIA approval it will be 519.
Yes, I am out of status now and stopped working with my employer, who has filed LMIA for me. I can apply for work permit only after positive LMIA.
My layer says that I have 90 days for applying for Visitor Record, from the date of rejection of work permit (4 Dec. 2024).
Pl advise me, if there is possibility in my case.
 

Naturgrl

VIP Member
Apr 5, 2020
45,751
9,794
Thanks for your reply.
So in my case LMIA decision will not come before Jan/Feb 2025.
The letter says that my work permit application is not approved, since I have not yet received positive LMIA.
I have created Express Entry profile in August 24 with CRS score 469. After LMIA approval it will be 519.
Yes, I am out of status now and stopped working with my employer, who has filed LMIA for me. I can apply for work permit only after positive LMIA.
My layer says that I have 90 days for applying for Visitor Record, from the date of rejection of work permit (4 Dec. 2024).
Pl advise me, if there is possibility in my case.
If letter says you can restore status following rejection then do so. You don’t have any choice. Also you cannot apply for a closed work permit with LMIA inside Canada so need to figure out how to do that. Tell employer it may be mid 2025 (or longer) until you can work for them. Is LMIA high wage? It will be valid for 6 months with new rules so need ITA in that time period.
 

NewDelhi

Star Member
Apr 24, 2022
54
7
As per your opinion "You can not apply for closed work permit with LMIA inside Canada so need to figure out how to do that".
Please have a look on my case. My employer with whom I was working for last one year had filed dual purpose LMIA in June this year. I created EE profile in August with 469 CRS. My application for work permit (till LMIA approval) has been rejected. with words that I can file for visitors record within 90 days (till March 25)
Now I there will be two situations - 1 - My getting LMIA during no status (upto Feb 25) and
2 - After
 

NewDelhi

Star Member
Apr 24, 2022
54
7
and 2 - After applying for visitor status post March 25.

Please advise if I have to file for closed work permit from outside Canada in both the situation. Or there is some way out.