Working-Holiday Visa extension or Temporary Work visa ?

[GuillaumeElias]

Hi,

I am a Belgian citizen living in Toronto, I work part-time for a french-speaking school, currently under a working-holiday visa which is going to expire in January. In October, I naively wrote a letter to IRCC asking if they could extend the validity of my working-holiday visa on the basis that I was employed. But I didn't provide a LMIA nor offer of employment number. So it got denied on the basis that I didn't have a LMIA and that Working-Holiday visas are non-renewables".

Now I have the job offer number from my employer and I went to the US border to directly ask for a temporary work visa under the Francophone Mobility (LMIA exempt). The officer ended up telling me "So first you ask for an extension of your current visa and now you want a temporary work visa? which is it? You should re-apply for an extension online. Or at least it should be clear that the school really needs you."

So now I am confused. What should I do?

1) Re-apply for a Francophone Mobility temporary work visa with like a letter from the school stating how essential I am ?
2) Ask again for an extension of my working-holiday visa online but this time adding the job employment number ?

Thank you so much for you help.

 

[scylla]

Hi,

I am a Belgian citizen living in Toronto, I work part-time for a french-speaking school, currently under a working-holiday visa which is going to expire in January. In October, I naively wrote a letter to IRCC asking if they could extend the validity of my working-holiday visa on the basis that I was employed. But I didn't provide a LMIA nor offer of employment number. So it got denied on the basis that I didn't have a LMIA and that Working-Holiday visas are non-renewables".

Now I have the job offer number from my employer and I went to the US border to directly ask for a temporary work visa under the Francophone Mobility (LMIA exempt). The officer ended up telling me "So first you ask for an extension of your current visa and now you want a temporary work visa? which is it? You should re-apply for an extension online. Or at least it should be clear that the school really needs you."

So now I am confused. What should I do?

1) Re-apply for a Francophone Mobility temporary work visa with like a letter from the school stating how essential I am ?
2) Ask again for an extension of my working-holiday visa online but this time adding the job employment number ?

Thank you so much for you help.

You cannot extend the IEC. Option 2 is not possible. So you need to go with Option 1.

 

[GuillaumeElias]

OK thank you for your reply.

Is there a risk in re-trying the flagpole again? The officer did tell me that if he marked my application "denied" I would have to leave Canada within 2 days so he marked "request for info" instead.

 

[scylla]

OK thank you for your reply.

Is there a risk in re-trying the flagpole again? The officer did tell me that if he marked my application "denied" I would have to leave Canada within 2 days so he marked "request for info" instead.

There's generally always some risk with flagpoling since you're exiting Canada. Is your job only part time or is it full time?

 

[GuillaumeElias]

It is part-time. Which is probably why the officer thought it was better for me to have an open work visa. But why would he advise me to apply for the extension if they are not an option? Maybe there is an exception to that?

 

[scylla]

It is part-time. Which is probably why the officer thought it was better for me to have an open work visa. But why would he advise me to apply for the extension if they are not an option? Maybe there is an exception to that?

CBSA officers aren't immigration experts and we have seen many cases here where they have given wrong info. The IEC cannot be extended. That's not feasible. For an open work permit to be possible, you would have to meet one of the specific criteria such as having a PR application in progress.

I can't comment on the chances of a closed work permit being approved under the French mobility program with a part time role. However it sounds to me like that's your only option right now.

 

[GuillaumeElias]

Thanks so much for your reply. Maybe I should prioritise finding a full time job.

Is there any risk in flying home for Christmas and come back in January as a visitor (provided I resign beforehand) ? It would buy me 6 extra months to find a full-time position. And when I do, I'll go flag-poling to activate another temporary work permit.

 

[scylla]

Thanks so much for your reply. Maybe I should prioritise finding a full time job.

Is there any risk in flying home for Christmas and come back in January as a visitor (provided I resign beforehand) ? It would buy me 6 extra months to find a full-time position. And when I do, I'll go flag-poling to activate another temporary work permit.

There's always some risk. If you're entering as a visitor you'll want to make sure you have a return flight since visitors are only allowed to stay in Canada temporarily and are not allowed to live here. You are also not guaranteed a six month visit. That is up to CBSA.

It may very well be possibly to get a work permit under the mobility program with a part time job offer. I don't have the knowledge to comment on that.