Status change - Working holiday visa to working visa + LMIA inquiry

[YubiK]

Hi all,

This is my first time to post here.
My current visa is Working holiday, and I am now working on getting work permission with my employer.
My concern is that current visa may expire before applying for work permission.
It probably depends on when I can get a positive LMIA, and we haven't even posted in Job Bank yet.

My questions are:
What is the accurate status for working holiday visa holder? - is it temporary worker?
When I apply for work permission, am I "extending" work permission, or would it be completely new submission?
Since the offer is in low-waged position, do I need to apply LMIA again if I want to keep working after a year due to the 1 year permission for LMIA?
I understand it is not easy to predict but does anyone know about current processing time to get result of LMIA for high skilled (NOC B) - low-wage position?

Thank you for your attention and hoping to get some help from you.

Regards,
YubiK

 

[scylla]

- Yes, you are a temporary worker.
- It's a completely new submission. You're applying for a closed work permit.
- Yes, another LMIA would be required if you want to extend your work permit.
- I would bank on 3-5 months including the 1 month advertising requirement.

 

[YubiK]

- It's a completely new submission. You're applying for a closed work permit.

Thank you for the quick reply, scylla.
When I did the assessment on CIC web to see what kind of documents/preparation I need to apply work permission, I saw the form called "Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM5710)". Do you think this is correct? I just wanted to know which title I should choose to check the processing time for my current situation, to change from WH to WP; Working temporary>Work permit or Working temporary>Work permit extension (new employer)?

It would be great if you know the answer, thank you in advance.

 

[chris.y]

Should be Working temporary>Work permit.

You can not extend a Working holiday visa so therefore it's a new application. A closed work permit.

Good luck

 

[YubiK]

Thank you very much, chris.y!

 

[YubiK]

Hi all,

I've got another question related to the title.

Would I be able to keep working even though the current visa, which is working holiday, expires IF I have already applied for work permission?

I'm concerned that my visa would likely expire before getting the LMIA result. I read that if the visa is going to expire in next 2 weeks, then I can apply for work permission with the proof of LMIA submission, but was't sure if I can continue working under the condition as a working holiday visa holder.
(Also wondered what proof of LMIA submission is. Is it something like a letter that employer receives automatically when they apply for LMIA or the application became under assessment process?)

I would appreciate your help. Thank you in advance.

YubiK

 

[PMM]

Hi

Hi all,

I've got another question related to the title.

Would I be able to keep working even though the current visa, which is working holiday, expires IF I have already applied for work permission?

I'm concerned that my visa would likely expire before getting the LMIA result. I read that if the visa is going to expire in next 2 weeks, then I can apply for work permission with the proof of LMIA submission, but was't sure if I can continue working under the condition as a working holiday visa holder.
(Also wondered what proof of LMIA submission is. Is it something like a letter that employer receives automatically when they apply for LMIA or the application became under assessment process?)

I would appreciate your help. Thank you in advance.

YubiK

1. No, there is no implied status for an IEC work permit. You have to stop work and apply for extension as a visitor until you get an approved LMIA.

 

[YubiK]

Hi


1. No, there is no implied status for an IEC work permit. You have to stop work and apply for extension as a visitor until you get an approved LMIA.

Thank you for the help. So this means, I should apply for visitor 30 days in advance (due to the deadline for application of visa extension) before current visa expires if I don't get approved LMIA by then, is this correct?

YubiK

 

[PMM]

Hi

Thank you for the help. So this means, I should apply for visitor 30 days in advance (due to the deadline for application of visa extension) before current visa expires if I don't get approved LMIA by then, is this correct?

YubiK

1. You don't have to apply 30 days in advance, it is only a "suggestion" as long as the application reaches IRCC before you status expires, you are fine.

 

[YubiK]

Okay, thank you very much, PMM!