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PGWP expiring next year, next steps.

Jalex23

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Hello,

I have some questions and here it seems to be the place to ask.

I finished my masters degree in 2010 and since january 2011 worked in the IT industry. My PGWP was issued as "open" (any employer) and expiring in jan 2014. My employer raised their concern about what are my plans for getting a PR, or an extending the work permit. This is also a concern of mine. Some questions:

1. I changed of jobs in Jan 2013, I have just read in the CIC site that I should have gotten a new WP? I thought my "open" PGWP was enough to change of employers.
2. I intend to apply for the PR, but the PR won't get until early 2015 if everything goes right (18 months average?) if so, should I extend my PGWP regardless of applying for a PR?
3. Which one should I apply first? PR or WP? Does it matter?
4. I read back in 2010 that a LMO was not requiered for the IT industry. I don't seem to find that link anymmore and the wizard in CIC doesn't let me go forward in the process if I don't have a LMO. Does that mean there are no more exceptions to LMO?

Thanks a lot!! Hope you can give me some guidance!!!
 

shells

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Jalex23 said:
Hello,

I have some questions and here it seems to be the place to ask.

I finished my masters degree in 2010 and since january 2011 worked in the IT industry. My PGWP was issued as "open" (any employer) and expiring in jan 2014. My employer raised their concern about what are my plans for getting a PR, or an extending the work permit. This is also a concern of mine. Some questions:

1. I changed of jobs in Jan 2013, I have just read in the CIC site that I should have gotten a new WP? I thought my "open" PGWP was enough to change of employers.
2. I intend to apply for the PR, but the PR won't get until early 2015 if everything goes right (18 months average?) if so, should I extend my PGWP regardless of applying for a PR?
3. Which one should I apply first? PR or WP? Does it matter?
4. I read back in 2010 that a LMO was not requiered for the IT industry. I don't seem to find that link anymmore and the wizard in CIC doesn't let me go forward in the process if I don't have a LMO. Does that mean there are no more exceptions to LMO?

Thanks a lot!! Hope you can give me some guidance!!!
I was here on PGWP too, but now I just got my BOWP.

1) I don't know where you read about the need to get a new wp. For PGWP open work permit, there is no need to do that. It's clearly stated on your permit you can work for any employers.
2) You will get your (AOR) Acknowledgment of Receipt between 40-50 days after you send in your CEC application. 4 months prior to your PGWP expiring, you can apply for the (BOWP) Bridging Open Work Permit, which will give you a new work permit for 12 months. You do not need any assistance from your employer for BOWP, no LMO is needed. PGWP is NOT EXTENDABLE, there is no exceptions.
3) Apply for CEC PR first, then BOWP. Once you send in your BOWP application, it takes between 1-2 months (online application will be faster) to process. During this time, if your PGWP expires, you can still continue working, as you will automatically be switched to "implied status". There is no need for further action.
4) After you get your BOWP, then renew your SIN card and Care Card.
5) There you go.. Happy Ending :p

Note: everything above is on the basis if your application forms and packages are complete, if they are incomplete, your application may risk being sent back. Read your instructions very carefully.
 

Jalex23

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Thanks a lot!!! Lots of good advice!!! ;)

shells said:
1) I don't know where you read about the need to get a new wp. For PGWP open work permit, there is no need to do that. It's clearly stated on your permit you can work for any employers.
Yeah, that was my understanding, but when looking at the CIC website it states:

"If your job is extended or changes, you must apply to extend or change the conditions of your existing work permit before it expires."

cic.gc.ca/english/work/extend-stay.asp

shells said:
2) You will get your (AOR) Acknowledgment of Receipt between 40-50 days after you send in your CEC application. 4 months prior to your PGWP expiring, you can apply for the (BOWP) Bridging Open Work Permit, which will give you a new work permit for 12 months. You do not need any assistance from your employer for BOWP, no LMO is needed. PGWP is NOT EXTENDABLE, there is no exceptions.
Awesome....

I have never heard of BOWP. So I guess this must mean that after a PGWP if you want to continue working the only option is to apply for PR (with a BOWP for the meantime). I thought you could just request a normal WP (not extending the PGWP) to replace the PGWP, and continue requesting (extending) a WP each time the other expired. Seems not.


shells said:
3) Apply for CEC PR first, then BOWP. Once you send in your BOWP application, it takes between 1-2 months (online application will be faster) to process. During this time, if your PGWP expires, you can still continue working, as you will automatically be switched to "implied status". There is no need for further action.
Thanks for this one, it really lets me focus on the PR for now.

shells said:
4) After you get your BOWP, then renew your SIN card and Care Card.
5) There you go.. Happy Ending :p
Hope it is!!
 

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Jalex23 said:
Thanks a lot!!! Lots of good advice!!! ;)

Yeah, that was my understanding, but when looking at the CIC website it states:

"If your job is extended or changes, you must apply to extend or change the conditions of your existing work permit before it expires."

cic.gc.ca/english/work/extend-stay.asp
You are welcome :) I was in your shoes before.. haha!
The extend stay page applies to everyone, it's not SPECIFICALLY ONLY for PGWP. It's also for workers who came here to work on a CLOSED Work Permit - where they can only work for specific employers who applied for an LMO for them. It does not apply to PGWP WP holders.

Jalex23 said:
I have never heard of BOWP. So I guess this must mean that after a PGWP if you want to continue working the only option is to apply for PR (with a BOWP for the meantime). I thought you could just request a normal WP (not extending the PGWP) to replace the PGWP, and continue requesting (extending) a WP each time the other expired. Seems not.
When your PGWP expires, you are not "extending it". If you are staying with the same employer, then he does not need to prove that he "advertised the job and tried hiring Canadians but can't find anyone." But then, (I believe) you need to stick with the company your whole time(I'm not entirely sure, so you might want to double check on this). Other than that, this is basically as if it's a brand new WP application (I was told this by an agent).

If, you want to change to a different company different from what you are doing now as a PGWP holder, then you will need an LMO. It's extremely hard to find employers who are willing to apply for an LMO for you.. most employers don't want to deal with all the legalities of it, unless you bump into a very nice employer. It is a possible option - IF, you can find such an employer.

You are not trapped with BOWP - because it's Open. It's always nice to have the option of quitting your job should you hate it so bad that you can't stay there any longer, or you have better future at a different job?? You can go work for anyone, in any province if you wish. With BOWP too, you can just do it on your own without having to rely or wait for anyone.

Read up on http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp to find more information
 

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Jalex23 said:
I have never heard of BOWP.

it is relatively new - read here:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp


So I guess this must mean that after a PGWP if you want to continue working the only option is to apply for PR (with a BOWP for the meantime).

No, that is not the only option.

I thought you could just request a normal WP (not extending the PGWP) to replace the PGWP, and continue requesting (extending) a WP each time the other expired.

Yes, you can. You can't get a new PGWP, but you can extend/change conditions to a closed temporary work permit. Your employer does need to apply for an LMO first, but does not need to demonstrate recruitment efforts, so it's much easier. Read here -
http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

Having said that, if you are eligible and interested, I agree with the recommendation that you could go ahead and apply for PR and if necessary, the BOWP.
 

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shells said:
I was here on PGWP too, but now I just got my BOWP.

1) I don't know where you read about the need to get a new wp. For PGWP open work permit, there is no need to do that. It's clearly stated on your permit you can work for any employers.
2) You will get your (AOR) Acknowledgment of Receipt between 40-50 days after you send in your CEC application. 4 months prior to your PGWP expiring, you can apply for the (BOWP) Bridging Open Work Permit, which will give you a new work permit for 12 months. You do not need any assistance from your employer for BOWP, no LMO is needed. PGWP is NOT EXTENDABLE, there is no exceptions.
3) Apply for CEC PR first, then BOWP. Once you send in your BOWP application, it takes between 1-2 months (online application will be faster) to process. During this time, if your PGWP expires, you can still continue working, as you will automatically be switched to "implied status". There is no need for further action.
4) After you get your BOWP, then renew your SIN card and Care Card.
5) There you go.. Happy Ending :p

Note: everything above is on the basis if your application forms and packages are complete, if they are incomplete, your application may risk being sent back. Read your instructions very carefully.
Hi shells just a quick question: for how long after you physically submitted the BOWP app the CIC started to process your app?

I am trying to save the C$150 app fee for the BOWP as I am going through the final stage in CEC...PGWP expires May 2...
 

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s_w_u said:
Hi shells just a quick question: for how long after you physically submitted the BOWP app the CIC started to process your app?

I am trying to save the C$150 app fee for the BOWP as I am going through the final stage in CEC...PGWP expires May 2...
I think you should apply asap.. May 2 is not too far away!
if you don't get a decision from CEC by then, you have to leave Canada by that day. or u become illegal..!
 

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from_mumbai said:
I think you should apply asap.. May 2 is not too far away!
if you don't get a decision from CEC by then, you have to leave Canada by that day. or u become illegal..!
s_w_u said:
Hi shells just a quick question: for how long after you physically submitted the BOWP app the CIC started to process your app?

I am trying to save the C$150 app fee for the BOWP as I am going through the final stage in CEC...PGWP expires May 2...
I want to say that you should apply for it right away, just coz I don't like to take chances myself personally.

But, thankfully, there's such a thing called "Implied Status".

I mailed in my application by paper, and did not get an email or anything saying they started processing. However, once you submitted or mailed your application, you are automatically "switched" to IMPLIED status once your current status expires (again, this is what I understand from an agent).

This paragraph below is what I got from the agent (detailed explanation of "Implied Status"). So, technically, if you apply online, you can still submit it on the very last day of your expiration. If you choose to apply via paper, then I would do it about 2-3 working days prior (by express mail).

================================================================

Implied Status - Temporary Residents

As a temporary resident, if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

================================================================

I would start getting my documents ready for BOWP now.. so if it comes to that last week where you still haven't got your CEC, then I would submit it immediately without further delays.
 

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shells said:
I want to say that you should apply for it right away, just coz I don't like to take chances myself personally.

But, thankfully, there's such a thing called "Implied Status".

I mailed in my application by paper, and did not get an email or anything saying they started processing. However, once you submitted or mailed your application, you are automatically "switched" to IMPLIED status once your current status expires (again, this is what I understand from an agent).

This paragraph below is what I got from the agent (detailed explanation of "Implied Status"). So, technically, if you apply online, you can still submit it on the very last day of your expiration. If you choose to apply via paper, then I would do it about 2-3 working days prior (by express mail).

================================================================

Implied Status - Temporary Residents

As a temporary resident, if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

================================================================

I would start getting my documents ready for BOWP now.. so if it comes to that last week where you still haven't got your CEC, then I would submit it immediately without further delays.
Thanks shells for your details =]

In fact I fairly understand how "implied status" works...and thats why I am trying to take advantages from it by postponing the BOWP app so that I could gain some time for the CIC to wrap up my CEC final stage...And thus I could save the C$150 BOWP app fee...

I was planning to submit BOWP next monday (Apr 15) and I suddenly got the PPR from CIC yesterday...since then I am thinking if I can try to play the submit-withdraw-refund trick to save the C$150...let say if the CIC takes couple weeks to start looking at my BOWP app I might be able to have the CEC PR wrapped up before "processing" so that refund of BOWP is eligible...

***from CIC website once CIC started to process an app, refund will not be granted even with the withdrawl***


Might be confusing to many others but I just dont want to waste the C$150...
 

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from_mumbai said:
I think you should apply asap.. May 2 is not too far away!
if you don't get a decision from CEC by then, you have to leave Canada by that day. or u become illegal..!
Thanks for your comment but you should check how "implied status" works...Thanks again.

Of course I wont be submitting my BOWP app on May 1st that late...But if I managed to file the app before Apr 20 I am still safe...
 

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s_w_u said:
Thanks shells for your details =]

In fact I fairly understand how "implied status" works...and thats why I am trying to take advantages from it by postponing the BOWP app so that I could gain some time for the CIC to wrap up my CEC final stage...And thus I could save the C$150 BOWP app fee...

I was planning to submit BOWP next monday (Apr 15) and I suddenly got the PPR from CIC yesterday...since then I am thinking if I can try to play the submit-withdraw-refund trick to save the C$150...let say if the CIC takes couple weeks to start looking at my BOWP app I might be able to have the CEC PR wrapped up before "processing" so that refund of BOWP is eligible...

***from CIC website once CIC started to process an app, refund will not be granted even with the withdrawl***


Might be confusing to many others but I just dont want to waste the C$150...
No, I fully understand why. Do you have any idea what's the usual timeline from PPR to landing? Is it just a matter of few days to 1 or 2 weeks?

My PGWP expired 16th February, and I only got my BOWP March 26th. Between those two dates, I was working under Implied Status (with pre-existing conditions). There is no need for further action once you've submitted the application.
 

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shells said:
No, I fully understand why. Do you have any idea what's the usual timeline from PPR to landing? Is it just a matter of few days to 1 or 2 weeks?

My PGWP expired 16th February, and I only got my BOWP March 26th. Between those two dates, I was working under Implied Status (with pre-existing conditions). There is no need for further action once you've submitted the application.
Ya thats my major concern...but seems many applicants' timelines from PPR -> CoPR - > actual landing are not very consistent...more likely a csae by case thing and nothing comparable...

I think I will just submit my BOWP app by Apr 22 and see what happens next...just like what you've said theres nothing we could do...

Have a good day shells
 

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s_w_u said:
Ya thats my major concern...but seems many applicants' timelines from PPR -> CoPR - > actual landing are not very consistent...more likely a csae by case thing and nothing comparable...

I think I will just submit my BOWP app by Apr 22 and see what happens next...just like what you've said theres nothing we could do...

Have a good day shells
You are welcome, and good luck!! :)