What will be the best options to stay in Canada after expiration of Post Grad Open Work Permit

[HDcanada]

Hi All,

I've studied 2 years & on that basis got 3 year open work permit. My Post Grad Work Permit will be expiring in next month. My wife came to Canada as my dependent & her work permit will be expiring same next month. So We are wondering what will be our best options to continue stay in Canada? Currently we having 420 points for Express Entry.

Here I'm stating one of the option which I've heard from one of my friend but not sure that one is valid & how about the chances to get the extension of visa.

Option1: - My wife can apply for a study permit in next 15 days (prior to expiration of work permit visa) & on her application I can be apply for her dependent work permit visa. But I've a question on this - So once we apply, I can continue my job until get decision on our application??? Is this valid to continue to work once we apply for a new status to stay in Canada?

Can any of you suggest any other good option from your/your friend's past experience? Or suggest me your thoughts on my option:1 ?

Any help would be greatly appreciated.

Thanks all in advance.

 

[scylla]

You're too late to go the study permit route for the September term. So the earliest she'd be able to start studies is January. This won't allow you to bridge your time between your work permits ending and the study permit starting. You'll need to stop working as soon as your current work permits expire.

Is either of your employers willing to apply for an LMIA?

 

[HDcanada]

You're too late to go the study permit route for the September term. So the earliest she'd be able to start studies is January. This won't allow you to bridge your time between your work permits ending and the study permit starting. You'll need to stop working as soon as your current work permits expire.

Is either of your employers willing to apply for an LMIA?

Nope we have talked with the employer but it's not possible so that is not an option.

But I would like to mention one thing - I've already applied for a offer letter in Humber college & I'm expecting to get it by the end of this month. So if I apply for my wife's study permit & on same application will apply for my dependent work permit by the end of this month so even though I can't continue my work? Because I've read in CIC somewhere that we can apply for new status prior/after 90 days of expiration of old status. But I'm bit confused as not able to find exact information.

So basically prior to expiration of our work permit, we ll already apply for the new status to stay in Canada. Now can you give your thoughts..

 

[scylla]

Nope we have talked with the employer but it's not possible so that is not an option.

But I would like to mention one thing - I've already applied for a offer letter in Humber college & I'm expecting to get it by the end of this month. So if I apply for my wife's study permit & on same application will apply for my dependent work permit by the end of this month so even though I can't continue my work? Because I've read in CIC somewhere that we can apply for new status prior/after 90 days of expiration of old status. But I'm bit confused as not able to find exact information.

So basically prior to expiration of our work permit, we ll already apply for the new status to stay in Canada. Now can you give your thoughts..

You can continue to work while your work if you apply to extend your work permit before your current work permit expires. However you should expect the work permit extension to be refused since the earliest your wife will be able to start her studies is January - and she can't work until her studies start - and you can't work until her studies start. Once your extension is refused, you'll be in Canada without status (illegally).

Yes - you can apply to restore your status within 90 days of your status expiring or within 90 days of being refused. However as soon as your status expires or you are refused, you are in Canada illegally and you won't be legal again until status is restored. While you are waiting for restoration - you cannot work. Also, you cannot submit a PR application while waiting for restoration (e.g. if you get ITA - you cannot apply for PR) - to apply for PR, your status in Canada needs to be legal. Applying to restore your status can take up to four months.

If your priority is PR, then you need to keep your status legal in Canada. If you cannot obtain an LMIA, best option is to change your status to visitor before your work permits expire (you'll need to stop working as soon as your work permits expire). You can still pursue the study permits for January - but you'll have to remain under visitor status until then without working.