URGENT: HELP! PGWP expiring in 2 months

[chikamichi]

Hi,

I came to Canada initially on a student visa, then worked with a post graduate work permit for 2 years. I would now like to apply for PR in the CEC category, but I think I waited too long and am in trouble.

I have a permanent position with my current employer, but my PGWP is up to expire on May 23, 2011. What are my options? Can I just apply to extend my work permit? Or do I have to apply for a new work permit? Do I have enough time to get an LMO before my PGWP expires? If I can send the application before expiration, can I continue to work on implied status?

I saw some threads in this forum saying that you can send in the CEC application and then return to your country of origin to wait for results -- but I also heard from several people that if you leave Canada after submitting a PR application, you greatly reduce your chances of getting your PR application approved, and also that the application processing time gets much much longer. Is this true?

Because of what I heard about leaving the country, I'm thinking maybe if I can't get my work permit extended, I can try to stay in Canada as a visitor. So can I send in my CEC application, and apply to stay as a visitor? Or can I stay in Canada after I send in the CEC application on implied status? If implied status, can I continue to work?

I really would hate to lose my job, but getting PR is really important to me, and in the meantime, I can stay with my sister who lives in Toronto.

Sorry I have so many questions, but I really don't know what I can and can't do! I don't want to ruin my chances of getting PR because I did something wrong and work or stay here when I'm not allowed to do so.

I really would appreciate your help, suggestions and/or advice!

Thank you!

 

[flag2009]

first, how come you have a 2-years PGWP? it is usualy 1 year or 3 years. If you have studied in at least a 2-years program, then you should have a 3 years work permit not 2 years.

So maybe you can extend it by another year.

 

[jes_ON]

first, how come you have a 2-years PGWP? it is usualy 1 year or 3 years. If you have studied in at least a 2-years program, then you should have a 3 years work permit not 2 years.

So maybe you can extend it by another year.

The OP didn't say it was a 2-year PGWP; said that s/he worked for 2 years

 

[jes_ON]

Hi,

I came to Canada initially on a student visa, then worked with a post graduate work permit for 2 years. I would now like to apply for PR in the CEC category, but I think I waited too long and am in trouble.

If you are more than 2 years past your graduation date, you are too late to apply under the post-graduate stream. No worries, if you have 2 years of work exprience, you can apply under the foreign worker stream.

I have a permanent position with my current employer, but my PGWP is up to expire on May 23, 2011. What are my options? Can I just apply to extend my work permit? Or do I have to apply for a new work permit? Do I have enough time to get an LMO before my PGWP expires? If I can send the application before expiration, can I continue to work on implied status?

You will have to apply for a new TWP. Your employer does have to apply for an LMO, but because they originally hired you under the PGWP, they do not have to show recruitment efforts. They do have to indicate yes for "intent to permanent."

You have enough time if your employer starts NOW. You can work on implied status if you get your TWP application in before the expiration of the old work permit.


I saw some threads in this forum saying that you can send in the CEC application and then return to your country of origin to wait for results -- but I also heard from several people that if you leave Canada after submitting a PR application, you greatly reduce your chances of getting your PR application approved, and also that the application processing time gets much much longer. Is this true?

Once you have qualified for CEC, you do not have to remain employed, nor do you have to remain in Canada. It has absolutely no impact on processing time or chances of approval.

Because of what I heard about leaving the country, I'm thinking maybe if I can't get my work permit extended, I can try to stay in Canada as a visitor. So can I send in my CEC application, and apply to stay as a visitor?

That is possible.

Or can I stay in Canada after I send in the CEC application on implied status? If implied status, can I continue to work?

NO, and NO. Not without a work permit.



Sorry I have so many questions, but I really don't know what I can and can't do!

There's no reason to suffer, the information is freely available. Read the application information on the CIC website, Also read the OP 25:
www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf

 

[flag2009]

Hello Jes, can you please refer to where you got this information from

"If you are more than 2 years past your graduation date, you are too late to apply under the post-graduate stream."

It states in CIC that a graduate MUST have 1 year experience in the 2 years before sending the application, i have NEVER seen the above comment before. By your analysis the last year of a 3 years Post-graduate work permit is invalid, if the applicant did NOT find a job till his/her last year.

and thanks for the clarification.

 

[chikamichi]

Thank you SO MUCH! I really appreciate your help!

I just printed off the OP 25 and am reading through it now, but I do have two more questions:

I worked for 16 months on contract before I got a full time position with another employer. Now that I'm in full-time, permanent position, I get paid salary -- but while I was on contract, I worked from 9 to 5, but I didn't get paid for the 1 hour lunch. So I was paid for 7 hours a day, or 35 hours per week. The CEC form says full-time work experience is 37.5 hours per week. Does that include all the time that I was at work (9-5 = 8 hours) or does it only count for the number of hours that I get paid?

And I just want to confirm, if it only counts as 35 hours per week, that it can still be put towards work experience for the CEC Application. I read in another thread that as long as I have the equivalent number of hours, it doesn't matter whether the hours were on a full time, part time or contract position. Could you please confirm that this is so?

Oh...and I think while I was writing this message, flag2009 asked my second question -- I can't find anything that says that I can only apply under the post-graduate stream within two years after graduation. But does it make a difference which CEC stream I apply under? Are there any major differences in the documents that I have to include with the application or my chances of success?

Anyways, I'm going to get moving on the work permit application and the LMO!

Thanks again so very much!!

 

[jes_ON]

Hello Jes, can you please refer to where you got this information from

"If you are more than 2 years past your graduation date, you are too late to apply under the post-graduate stream."

It states in CIC that a graduate MUST have 1 year experience in the 2 years before sending the application, i have NEVER seen the above comment before. By your analysis the last year of a 3 years Post-graduate work permit is invalid, if the applicant did NOT find a job till his/her last year.

and thanks for the clarification.

ACK. Flag, you are very right. The 1 year of work experience merely needs to be completed within a 2 year period. Which means that the OP has his or her choice of which stream to use... SORRY!

 

[jes_ON]

I worked for 16 months on contract before I got a full time position with another employer. Now that I'm in full-time, permanent position, I get paid salary -- but while I was on contract, I worked from 9 to 5, but I didn't get paid for the 1 hour lunch. So I was paid for 7 hours a day, or 35 hours per week. The CEC form says full-time work experience is 37.5 hours per week. Does that include all the time that I was at work (9-5 = 8 hours) or does it only count for the number of hours that I get paid?

And I just want to confirm, if it only counts as 35 hours per week, that it can still be put towards work experience for the CEC Application. I read in another thread that as long as I have the equivalent number of hours, it doesn't matter whether the hours were on a full time, part time or contract position. Could you please confirm that this is so?

It depends what your contract says. If your contract says 7 hours per day or 35 hours per week, you're stuck with being "part time" So check the wording of the contract -

If it IS 35 hours per week, it will still count; you would just need to work 56 weeks instead of 52 weeks to qualify for 1 year of employment. Since you worked for 16 months (a solid 16 months?) you have more than covered the extra hours, so you don't even need to do the math. Just be honest about the hours, it will be OK.

 

[yajumba]

Dear Jes

I think there is no condition about the post secondary education which says that you must have completed your Canadian studies in the past 24 months. Can you please post the link which contains this information about graduate stream...

Thanks

 

[jes_ON]

yajumba, I have already corrected this, look 2 posts above yours...

 

[yajumba]

yajumba, I have already corrected this, look 2 posts above yours...

Really sorry...Missed all those posts completely..

 

[flusty]

Jes...,

How do you apply for WP renewal if you have two part time jobs? Does both employers have to apply for separate LMO????

 

[jes_ON]

flusty, you don't, sorry. You can only get the TWP if you have a full-time job in Skill level O,A, or B. And if you're on a PGWP and want to waive the recruiting requirement, the employer has to inidicate that the offer is "intent to permanent."

 

[flusty]

flusty, you don't, sorry. You can only get the TWP if you have a full-time job in Skill level O,A, or B. And if you're on a PGWP and want to waive the recruiting requirement, the employer has to inidicate that the offer is "intent to permanent."

Thanks for your response! Did I read you say in one of the threads that if you are nominated by say Ontario PNP even for the new masters pilot stream you do not need a LMO to extend your PGWP? thanks!

 

[jes_ON]

Thanks for your response! Did I read you say in one of the threads that if you are nominated by say Ontario PNP even for the new masters pilot stream you do not need a LMO to extend your PGWP? thanks!

Not quite, I know that in some cases, PNP applicants can get a work permit without an LMO but I do not know all the details. You can read as well as I
http://www.ontarioimmigration.ca/en/pnp/OI_PNPSTUDENTS_MASTERS.html