Post Graduate Work Permit Extension Options - Help!

[lulu lemon3]

I will really appreciate any help or advice on any options regarding my situation.
I came as an international student and completed 3 years of study. I got my post graduate work permit. Problem is it will expire in 2 months. I am currently employed in a NOC B (position) Job, will be 1 year in this position in May 2016. But my employer does not give an LMO and from what i have gathered an lmo is required for express entry. My employer wants to extend my contract but cannot without a work permit extension. They have already written a letter and offer of employment for me. I really love this job and would not want to leave it. Is there a way to apply for an extension of work permit without lmo, or what options do i have to stay in Canada? Is there a way to apply for PR without lmo? What are my options???

 

[akil_f1]

I will really appreciate any help or advice on any options regarding my situation.
I came as an international student and completed 3 years of study. I got my post graduate work permit. Problem is it will expire in 2 months. I am currently employed in a NOC B (position) Job, will be 1 year in this position in May 2016. But my employer does not give an LMO and from what i have gathered an lmo is required for express entry. My employer wants to extend my contract but cannot without a work permit extension. They have already written a letter and offer of employment for me. I really love this job and would not want to leave it. Is there a way to apply for an extension of work permit without lmo, or what options do i have to stay in Canada? Is there a way to apply for PR without lmo? What are my options???

There are really not many options for you if you have not filed ur Immi file. Since you have not completed 1 yr yet , i think there is nothing much you can do !!!!
PNP is one of the option for u to look in
request ur emp to see if they can file LMIA for you if possible.

 

[Naheulbeuck]

So first, the good news:

You can apply for PR without an LMIA, under express entry you need to create a profile that will ask you a bunch of information. You will get points for those answers (language skills for example, work experience...). If you can get enough points you will then be invited to apply for your PR under a program (one of them being CEC). The LMIA gives you automatically enough points to be invited.

The bad news:

You will not qualify to apply until May when you complete 1 year of experience. Since your work permit expires in 2 months, it seems it will also expire in May...


What you can do:
Check whether or not you will have one year of experience before your work permit expires. Then check how long you will have between the time you acquire this year of experience and your work permit.
IF (very unlikely seeing your timeline) you have sufficient time to create your profile, get invited and apply for PR before your work permit expires, you will be able to apply for a Bridging Open Work Permit (using your PR application). The invitations are sent monthly so it is very unlikely for you to be an option but if it is, you would then get an implied status until they process your BOWP which would allow you to keep working for your employer legally until: they accept your BOWP, accept your PR or refuse one of them (in which case you would have to stop working but the BOWP takes 4 months to get processed so even a rejection would get you close to your PR processing).
In this case you will also need to get EVERYTHING ready for your application so that it is immediate once you reach the year of experience: take language skills tests in both languages if you can, see how many points you get and how many you will get once experience is added with the online tool...

Another unlikely scenario but may be the case:

How long was your PGWP, I find it surprising that you do not get your year of experience before it expires. You need to know that you most likely qualified for a three year work permit (based on what you said above) and sometimes you do not get that because the work permit is limited by the expiration date of your passport: If your passport expires (or you renewed it but it originally would have expired) in 2 months, then your PGWP would have been limited to that expiration date. Once the passport is renewed, you can request the remaining duration of your PGWP (it is not always approved but it would be your best chance at being able to keep working here while your PR is processed).

THIRD If you can get your one year of experience but won't have enough time to do everything required in option one, then you can inform your employer of the situation, inform him/her that you want to keep working for them but that in your situation you either need an LMIA in order to obtain a new work permit until you can get processed for your PR, or ask that your job be put on hold until the PR is processed (in which case you will either leave Canada or apply for a visitor visa to stay in Canada but not work).

If you will not get one year of experience by the time your WP expires...I don't know of too many options for you except an LMIA job...

Hope this is helpful.

 

[Gregor.Samsa]

As said, how long your PGWP was?
Should be 3 years probably.

If you get PGWP for less than 3 years due to passport expiring date it's a chance you can extend it if you have a new passport.


Anyways to apply for PR through EE you need a English Test (IETLS standard or CELPIP standard), you should take it ASAP.

If you don't have it, just use some CLB 5 or CLB 7 as estimation and create a EE profile immediately to see how points you get. If Invitation received you have to refuse it and remove profile until get english test results.

Most likely you will have insufficient score to get ITA (450+, depending of draws). If 400+ you have a chance to get a Ontario PNP Invitation. If you speak French and use French stream out can get Ontario invitation with 350+

Inmigration Minister said they are looking for a way to improve International Students chances through EE, so you can get a chance sometime in the future.


Check for other PNP programs.

For EE you can apply for outside Canada if you can't longer stay, or apply here and move back for a while (you have to contact CIC to let know your current address)

I recommend one check this forum Exprres Entry and PNP areas, also go to CIC website.

Be sure to meet CEC requirements:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=664&top=29


Don't let your current WP expires without take action.

If nothing else is possible and you want to stay legally here, you have two options:

1.- If you are absolutely sure you have a little bit more than one year experience when your current WP expires, then you could apply for changes of status to visitor a few weeks before your WP expires.

You can't work after WP expires but you can stay and try to complete your PR application.

2.- If you are too close to 1 year but it's not enough or you want to stay a few months working you can apply for a WP extension a few days before your WP expires, even knowing will be rejected, applying online is slower so you can get 2-3 months of implied status until application is refused.

You're allowed to continue in the same conditions than your WP (working) until get extension rejection. Some employers doesn't like to have workers in this status but is legal to work.

Problem are:
- I'm not sure if you can use experience under Implied Status for CEC
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=377&top=29
- After extension refusal you have to stop working immediately and prepare to leave the country but you have 90 days (I think) to apply for Restoration of status asking for Visitor status. Restoration can be denied and you must leave Canada shortly after that.

To avoid issues perhaps you can apply to change status to visitor while in implied status before get WP extension refusal (like 2 months after you WP expires if you get enough working time). I'm not sure if this is a realistic or possible option but could avoid or delay the loss of status.



Last option, you don't have too much time but you should try to find any other job with LMIA (better NOC B, A or 0)

 

[FionaJabberwacky]

How long was your PGWP, I find it surprising that you do not get your year of experience before it expires. You need to know that you most likely qualified for a three year work permit (based on what you said above) and sometimes you do not get that because the work permit is limited by the expiration date of your passport: If your passport expires (or you renewed it but it originally would have expired) in 2 months, then your PGWP would have been limited to that expiration date. Once the passport is renewed, you can request the remaining duration of your PGWP (it is not always approved but it would be your best chance at being able to keep working here while your PR is processed).

^I'm someone on this boat. I got a short Post Grad Work Permit because my passport was to expire soon. Now I have a new passport. How can I request the remaining duration of your PGWP? I'm freaking out here.

 

[FionaJabberwacky]

I'm someone on the same boat as OP. I got a short Post Grad Work Permit because my passport was to expire soon. Now I have a new passport. How can I request the remaining duration of your PGWP? I'm freaking out here.