Study permit + LMO received, can I apply for work permit right away?

[sjakub]

Hi,

I have a valid study permit, an off-campus work permit, and I received a job offer.
Now a positive LMO was issued, and I was wondering if I can apply for the work
permit right away, or should I rather wait till I'm done with school.

I found some posts saying that you can't have both work and study permits, that one
voids the other.

But the FAQ says something different:

www(dot)cic(dot)gc(dot)ca/english/information/faq/study/

If you are not eligible or do not want to work under a student-related
work permit program (such as the Off-Campus Work Permit Program,
On-Campus Work Program, Post-Graduation Work Permit Program,
or Internship/Co-op Program), you can apply for a work permit to work in
Canada during or after your studies under the Temporary Foreign Worker Program.

(bold is mine)

So, if I apply right away and get a work permit, will I lose my study permit?
Or will the work permit application be denied? And if so, does it mean
it invalidates the LMO and I need a new one?

Thanks!

[GS_Stud]

I found some posts saying that you can't have both work and study permits, that one
voids the other.

This is incorrect. I've my study permit as well as work permit.

Yes, if you look at the study permit, it say's that you cannot work in Canada unless authorized. And if you look at the work permit, it says that you cannot study in Canada unless authorized.

Actually the employers do not ask for work permit at all. They ask for SIN (Social Insurance Number) which you get once you have a valid Work permit.

I've worked with three employers legally in Canada and none of them asked for work permit. All they wanted to see was my SIN card (and that too for taxation purpose).


GS

[sjakub]

That sounds good

So I have a followup question - do you know if applying
for this work permit affects my eligibility for a post graduate work permit?

The whole LMO process was started when I had problems with my prof at
school and I didn't know if I'm going to be a student much longer.
This has now been resolved.

But since this is through a specific company, it means that it's
not an open work permit (right?).

On the other hand, the post graduate work permit is an open one
(and at the moment I do plan to graduate).
Does it make sense to apply for this work permit "just in case",
and for a post graduate work permit once I graduate, or is it better to wait?

Thanks!

[enfield]

Hi,

I have a valid study permit, an off-campus work permit, and I received a job offer.
Now a positive LMO was issued, and I was wondering if I can apply for the work
permit right away, or should I rather wait till I'm done with school.

I found some posts saying that you can't have both work and study permits, that one
voids the other.

But the FAQ says something different:

www(dot)cic(dot)gc(dot)ca/english/information/faq/study/

(bold is mine)

So, if I apply right away and get a work permit, will I lose my study permit?
Or will the work permit application be denied? And if so, does it mean
it invalidates the LMO and I need a new one?

Thanks!

Hi,

1. You can't have a study permit + FULL work permit (NOT a PGWP/Off campus work permit) at the same time. One thing invalidate the other.
2. With a positive LMO in hand, you can apply for a FULL work permit right away. If you get it, you will lose your study permit automatically

[GS_Stud]

Sorry, I mixed the off campus with open work permit part. Enfield is right.

However, in my case me and few of my classmates were given open work permit at the Airport itself since we had a mandatory co-op in few months. This was very rare and none of other students had this chance.

GS

[enfield]

Sorry, I mixed the off campus with open work permit part. Enfield is right.

However, in my case me and few of my classmates were given open work permit at the Airport itself since we had a mandatory co-op in few months. This was very rare and none of other students had this chance.

GS

Hi,

1. Full work permit (based on a positive LMO) is not an 'Open Work Permit'. In your case its a Co-op based work permit; can't be more thn 50% of your course duration.

[scylla]

Hi,

1. Full work permit (based on a positive LMO) is not an 'Open Work Permit'. In your case its a Co-op based work permit; can't be more thn 50% of your course duration.

Agreed. With an LMO you recieve a closed work permit tied to a specific employer (not an open work permit). I also agree that the closed work permit will cancel the study visa. You can't have both at once.

[GS_Stud]

Yes, this is the normal case. However, there are exceptions when it comes to specific courses.

I received an open work permit. The Employer field in my permit says OPEN, and Bonded field says No. I checked with many agencies and they told me it is an open work permit. it is valid till end of my visa in Dec 2012.

I was told that since my co-op will always be out of campus, you are given an OPEN work permit. There were 5 international student in my course and all received open work permits. I applied and received SIN which is also valid till end of my visa, i.e. Dec 2012.

When I applied for SIN, they did not asked for a job offer letter or a co-op letter since my permit was an OPEN one. All they asked was my passport and the work permit document.

I'm doing a graduate certificate programs which had a co-op in 2nd semester (which means only 4 months from date of landing). As I said, this is very rare case.

I started working legally in 2 weeks of my landing because of this. Even I was (pleasantly) surprised to see my permit and that I can start working immediately.

GS

[enfield]

Yes, this is the normal case. However, there are exceptions when it comes to specific courses.

I received an open work permit. The Employer field in my permit says OPEN, and Bonded field says No. I checked with many agencies and they told me it is an open work permit. it is valid till end of my visa in Dec 2012.

I was told that since my co-op will always be out of campus, you are given an OPEN work permit. There were 5 international student in my course and all received open work permits. I applied and received SIN which is also valid till end of my visa, i.e. Dec 2012.

When I applied for SIN, they did not asked for a job offer letter or a co-op letter since my permit was an OPEN one. All they asked was my passport and the work permit document.

I'm doing a graduate certificate programs which had a co-op in 2nd semester (which means only 4 months from date of landing). As I said, this is very rare case.

I started working legally in 2 weeks of my landing because of this. Even I was (pleasantly) surprised to see my permit and that I can start working immediately.

GS

:-)

Agreed. Still, you are talking about a Co-Op based work permit (its an example of an open work permit similar to PGWP and work permit based on a spouse study permit where there is NO need/restriction of job offer/job. So again, FULL work permit is NOT an open work permit. The same is NOT a student related work permit.

[GS_Stud]

 @ enfield: Yup, agreed. My permit is based on the co-op portion only. I will apply for a full time permit once I graduate.

GS