study permit to LMIA approved work permit

[h2omd]

hi all

i am currently on a study permit . I have applied for LMIA job in my field and have been granted a positive LMIA .

My study permit expires late November. Also , my LMIA approved job has no relation to my studies.i.e this is not a post graduation work offer.

any ideas on how long it would take me to get a decision on my work permit ?
also , in the case i get refused a work permit , my study permit will be expired by that time . what do i do then ? do i have to leave canada and apply from outside canada or can i reply for a study or work permit even if i have an expired status ?

 

[kateg]

From what I understand, you should be able to flagpole and get your work permit.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/FullText.html

Application on entry

198. (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

So, what's division 5 of part 9 say?

Temporary Resident Visa Exemptions ...

190. (1) A foreign national is exempt from the requirement to obtain a temporary resident visa if they

(f) to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

(i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
(ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

So, it looks like you can go to the border, bring your LMIA and other documents, apply, and get your work permit.

I'm visa exempt, but when I got my LMIA, I drove down and applied, I had no issues. My study permit was still valid at the time.

 

[h2omd]

thank you so much for your reply .

Does that mean i shouldnt apply online for a work permit ??

and what did they ask you at the border ? any documents ??

 

[kateg]

thank you so much for your reply .

Does that mean i shouldnt apply online for a work permit ??

and what did they ask you at the border ? any documents ??

I would try at the border first, then online. If they say no, you still have valid status.

I needed my job offer, proof of qualification (credentials, certificates, etc.). I also needed ID.

 

[Eriki84]

Hello everyone. I hope I can get some of your great advice.

I am in a study permit. which expires in less than one month. My employer has started an LMIA intended for me, but I dont know how long it is going to take to get the approval. I am wondering If I can apply with just my contract and the proof of the submission and how long in advance I can do it

I would deeply appreciate relevant sugestions

 

[Naturgrl]

Hello everyone. I hope I can get some of your great advice.

I am in a study permit. which expires in less than one month. My employer has started an LMIA intended for me, but I dont know how long it is going to take to get the approval. I am wondering If I can apply with just my contract and the proof of the submission and how long in advance I can do it

I would deeply appreciate relevant sugestions

Are you graduating and eligible for PGWP? If not you cannot work until you have an approved LMIA and work permit. You cannot apply for a closed work permit without a LMIA.

 

[Eriki84]

Not a PGWP. My study permit it is linked with a work permit that allows me to work 672 hours after finish my classes. It is called Co-op program. I am in that I am in the Co-op period. I am working with the company with that full time work permit which will expires in one month. My company already started my LMIA

 

[Naturgrl]

Not a PGWP. My study permit it is linked with a work permit that allows me to work 672 hours after finish my classes. It is called Co-op program. I am in that I am in the Co-op period. I am working with the company with that full time work permit which will expires in one month. My company already started my LMIA

So working in this job as a co-op student is linked to your studies and part of your program to graduate? If your study permit expires and you are no longer a student you cannot work.