Can I renew my post graduate work permit?

[Choo]

I am wondering if I can renew my post graduate work permit. I am in the process of getting my PR and it is going to take a long time. In the meantime, my work permit will be expired.

“A” lawyer advised me that I need to apply for the LMO first and then apply for a new work permit, but “B” lawyer advised me that I can renew my current work permit. He said I don't need to apply for the LMO since I have a post graduate work permit and I am employed.

I am a bit confused.

Any advice would be appreciated. Thank you!

[scylla]

No - you can't renew a PGWP. If you want to keep working, your employer will have to apply for an LMO. Assuming the LMO is approved, you can then apply for a work permit which will allow you to continue working in Canada. Lawyer A is correct.

[vesta]

I strongly believe that LAWYER B is correct coz for post grad students, they don't need LMO if they are under skill O,A or B ....

[jes_ON]

I strongly believe that LAWYER B is correct coz for post grad students, they don't need LMO if they are under skill O,A or B ....

Sorry, this is wrong.  You can apply to extend your work permit, but you can't "renew" a PGWP - you will change to a temporary work permit, which requires an LMO.   However, because you were originally hired with a PGWP, your employer does not have to demonstrate recruitment efforts - in other words, they still have to apply for the LMO, but it is easier.

Show your employer this webpage - near the bottom it says:
In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

[htayyab]

Another thing to add on a similar note is that the government of Canada has put a limit of 4 years work on temporary foreign workers sometime last year. So if you have been working for 4 years you cant extend your work permit even using an LMO (perhaps if you have a PNP that would be a different story, not too sure about it).

Speaking of PNP, that may be a good option for you since you can apply for provincial nomination and apply under PNP PR immigration category and keep extending work permit till a decision is made on your PNP  PR application.

[el_canuck]

It also depends on your profession.  If your position falls under that of a NAFTA professional, then you are exempt from LMO requirements.

Either way, you are not "extending" your PGWP, you're applying for a new one that's tied directly to you employer.

[Choo]

Everyone and jes_ON, thank you for sharing your opinion in regards to this matter. I will ask my lawyer to find the definite answer once more. I think jes_ON is right. Yes, I can extend my permit but I can't renew my PGWP and therefore, my employer still needs to submit the LMO.

I will get back to you all.

Thanks.

[shortymac]

Trust me, you can't renew an PGWP, I got a nasty surprise last night about that!

I'm going today to HR about this, it's ridiculous because I only need a few extra months!

I thought you had to renew the permit first, then apply for PR?