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Problems with stay

K

Kshitij10

Full Member
Dec 20, 2018
21
0
Hello there,
I need your help guys. My 1 year PGWP is expiring soon this 12 December 2019. I started working in Canada on Jan 07, 2019. I will get points on Dec 1st, 2019 for my Canadian work experience and this is how my score becomes 463. But the problem is with my stay. Once my PGWP is expired on Dec 12, do I need to apply for work permit extension 5-6 days beforehand. I cant go for BOWP because I dont have LMIA. But still I am not sure about it.
Because by doing this at least, I can finish my 1 year work in Canada.
If I receive ITA while being on implied status after Dec 12, do I have to leave Canada by filing all the process and get COPR back home or can I just live In Canada since I will be having ITA with me.
 
Kshitij10 said:
Hello there,
I need your help guys. My 1 year PGWP is expiring soon this 12 December 2019. I started working in Canada on Jan 07, 2019. I will get points on Dec 1st, 2019 for my Canadian work experience and this is how my score becomes 463. But the problem is with my stay. Once my PGWP is expired on Dec 12, do I need to apply for work permit extension 5-6 days beforehand. I cant go for BOWP because I dont have LMIA. But still I am not sure about it.
Because by doing this at least, I can finish my 1 year work in Canada.
If I receive ITA while being on implied status after Dec 12, do I have to leave Canada by filing all the process and get COPR back home or can I just live In Canada since I will be having ITA with me.
Click to expand...

If you started working in Canada on January 7, 2019 - you will have to wait until January 7, 2020 before you will be able to claim points for having a year of Canadian work experience and be able to get the related points. You cannot submit your application after ITA until you have a full year of experience.

If your PGWP expires on December 12, 2019 - you need to get a new work permit and work an additional 3 or so weeks before you can claim a year of Canadian work experience. For this you will need a job offer and approved LMIA from your employer.

If you apply for an extension without an LMIA, your application will eventually be refused as incomplete and then any work experience after December 12, 2019 will be classified as unauthorized work. You cannot include unauthorized work experience - so this will leave you short three weeks of being able to claim a year of Canadian work experience.

Long story short, you need a job offer and approved LMIA to be able to get a year of work experience in Canada.
 
Thank you so much for the reply. But like I said, I will earn points on Dec 1st for my experience and if I work under implied status by simply applying for extension without LMIA and after working until Jan 07, 2020 , I get my 1 year experience. So, am I be able to accept the ITA from the next draw and start my process for PR being on implied status before I get any results from IRCC regarding my extension or Can I just withdraw my application of WP extension once i have 1 year experience.

I have planned to apply for PR after Jan 07, 2020 once I complete my one year experience. But Can I apply for PR on the basis of ITA before I get any results of rejection from IRCC over my work permit extension.
 
Kshitij10 said:
Thank you so much for the reply. But like I said, I will earn points on Dec 1st for my experience and if I work under implied status by simply applying for extension without LMIA and after working until Jan 07, 2020 , I get my 1 year experience. So, am I be able to accept the ITA from the next draw and start my process for PR being on implied status before I get any results from IRCC regarding my extension or Can I just withdraw my application of WP extension once i have 1 year experience.

I have planned to apply for PR after Jan 07, 2020 once I complete my one year experience. But Can I apply for PR on the basis of ITA before I get any results of rejection from IRCC over my work permit extension.
Click to expand...

As already explained, this won't work. Your understanding of current rules is incorrect. If you apply for an extension without an approved LMIA, your application will be returned as incomplete. Once this happens, you will lose implied status and all of the work experience you have gained after your original work permit expired will be classified as unauthorized work (i.e. illegal work). Unauthorized work cannot be counted towards PR. Withdrawing the application before you have a decision won't work either.

This trick used to work a few years ago. However IRCC got fed up of people trying to cheat the system and applying for extensions when did they did not qualify for one - and they changed the rules.

You need an approved LMIA if you want to reach a year of work experience in Canada.
 
Thank you so much for this information. I really appreciate this.
So, are there any other ways I can apply for PR before my current work permit expires or it is just LMIA that can save me
 
Kshitij10 said:
Thank you so much for this information. I really appreciate this.
So, are there any other ways I can apply for PR before my current work permit expires or it is just LMIA that can save me
Click to expand...

Maybe an LMIA exempt work permit. What do you say @scylla?
 
Kshitij10 said:
So how is this possible? Do i have to file a new application for work permit?
Click to expand...
Yes and you need to find an employer to file a non-compliance fee of 230$ for a LMIA exempt work permit
 
csadangi said:
Yes and you need to find an employer to file a non-compliance fee of 230$ for a LMIA exempt work permit
Click to expand...
Thank you so much. Can I ask about this to my current employer? He might help me.
And where do we have to apply and pay for it? Service Canada?
 
Kshitij10 said:
Thank you so much. Can I ask about this to my current employer? He might help me.
And where do we have to apply and pay for it? Service Canada?
Click to expand...

Sorry, you are being mislead. There is no general "LMIA exempt" work permit that anyone can apply for just because they want one.

You would have to find employment under a free trade agreement, or possibly see if you are eligible under one of the IEC programs -
http://www.cic.gc.ca/english/work/iec/eligibility.asp
 
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scylla said:
On what basis do you believe you qualify for an LMIA exempt work permit?
Click to expand...

Postdocs are LMIA exempt.

Quoting from UBC
Once the the appointment as a postdoctoral fellow has been confirmed at UBC, their Department or School will provide a letter of offer and the Immigration, Refugees & Citizenship Canada (IRCC) Offer ID Number. This information is required to obtain the necessary authorization to work in Canada. It is important to note that postdoctoral fellows do not require a Labour Market Impact Assessment (LMIA), but the employer must pay a $230 compliance fee and provide Offer of Employment information to IRCC.
 
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