Waiting for PR, but my Post Graduate Work Permit is expiring soon!

[vehementsnow]

Hello,

I have applied for my PR last month and currently waiting.

My Post Graduate Work Permit expires February of 2012.

The government website estimates 14 months processing time from application.

Can I renew my work permit to maintain valid status in Canada?

(I have been working for an insurance company for the last 16 months.)

Or will I automatically maintain valid status since my file is being reviewed?

Please help.

[jsa]

apply for work permit and maintain leagal status in canada............!!

if your file approved it does not mean you can stay without status...........!!1

as long as your not done with your pr you have to maintain leagal status or leave the country and wait for pr in your country......!!!

[Admission]

YOU need to maintian a status in canada while the PR gets processed. My suggestion is to either get another study permit or get the arranged employment Work permit.

[betanorth]

Apply to extend your work permit.

Disclaimer: I am no expert but this is what I would try to do if I was in your shoes: Your employer might need to help you get an LMO, but even if the employer refuses you can apply before your current work permit expires and wait for it to be refused and you'll have implied status in the meantime, which will allow you to keep working until you receive the rejection letter. The current timelines are pretty long so I think you'd have a few months of implied status, this is just guessing though.

After that, if you get denied and still don't have the PR you have 90 days to apply to restore your status as a visitor. you can send a letter mentioning you are waiting for your PR and proof of funds.

[jes_ON]

Can I renew my work permit to maintain valid status in Canada?

You MUST renew your work permit to continue to work in Canada.  You also have the option of changing to visitor status (cannot work), or going "home."  If you applied under CEC, there is no requirement to remain in Canada while your application is being processed.

If you are currently on a PGWP, your employer will have to apply for an LMO, but does not have to demonstrate that they tried to recruit a Canadian for your position, if they indicate they intend to hire you permanently.


Or will I automatically maintain valid status since my file is being reviewed?

No.

[kvisa]

I have applied for my PR last month and currently waiting.
My Post Graduate Work Permit expires February of 2012.
The government website estimates 14 months processing time from application.
Can I renew my work permit to maintain valid status in Canada?
(I have been working for an insurance company for the last 16 months.)
Or will I automatically maintain valid status since my file is being reviewed?
Please help.

Hey, I do have the same situation as you are-My Post Graduate Work Permit expires at the beginning of February of 2012. I did contact Canadian Immigration Office, I had been told that I need to get a new work permit/study permit/visitor's visa before the PR decision had been made by Immigration Office. The work permit that you need to apply is different from the PGWP because of it's open work permit. Instead of get a new work permit, you need to get your employer to submit a LMO form to Service Canada to get a positive feedback from LMO before you can apply for a new work permit.

[vehementsnow]

Hey, I do have the same situation as you are-My Post Graduate Work Permit expires at the beginning of February of 2012. I did contact Canadian Immigration Office, I had been told that I need to get a new work permit/study permit/visitor's visa before the PR decision had been made by Immigration Office. The work permit that you need to apply is different from the PGWP because of it's open work permit. Instead of get a new work permit, you need to get your employer to submit a LMO form to Service Canada to get a positive feedback from LMO before you can apply for a new work permit.

Thank you for the info. Is this the form my employer needs to fill out?

APPLICATION FOR A LABOUR MARKET OPINION (LMO)
OCCUPATIONS REQUIRING POSTSECONDARY EDUCATION/TRAINING 
(MANAGEMENT, SCIENTIFIC, PROFESSIONAL AND TECHNICAL OCCUPATIONS AND TRADES)

[jsa]

check with any conultant once before submitting.......1!!

[kvisa]

Thank you for the info. Is this the form my employer needs to fill out?

APPLICATION FOR A LABOUR MARKET OPINION (LMO)
OCCUPATIONS REQUIRING POSTSECONDARY EDUCATION/TRAINING 
(MANAGEMENT, SCIENTIFIC, PROFESSIONAL AND TECHNICAL OCCUPATIONS AND TRADES)

Yes, that is the form that your employer needs to complete and mail/fax to Service Canada. Normally, might take a few weeks to get the result of LMO opions. If you want to look into the detail, you can either check on CIC website, under work permit section, or call CIC Immigration #: 1-888-242-2100. Cannot believe that I can remember this number on top my head!!!

[vehementsnow]

Thank you so much for the info. I had a chance to browse through the CIC website. It states..

A positive Labour Market Opinion will show that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job.

Well.. this is not particularly true in my case. I work for an Insurance company. I am the only foreign worker at the company and they would be able to fill the job with a Canadian, no problem. Will I still be able to obtain a positive LMO?

[Pouce]

Hi, thing is,  after PGWP company doesnt need to advertize for hiring.
as long as company is happy keeping you, the position doesnt have to be a canadian or immigrant.
i would say just get ready for LMO. you will be fine.

[jes_ON]

Well.. this is not particularly true in my case. I work for an Insurance company. I am the only foreign worker at the company and they would be able to fill the job with a Canadian, no problem. Will I still be able to obtain a positive LMO?

You need to show your employer this information, so that they fill out the form correctly:
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

Go to the bottom:

Information for Employers

Citizenship and Immigration Canada's (CIC) Post-graduation Work Permit Program provides eligible foreign students graduating from a participating post-secondary Canadian institution with Canadian work experience. Employers who want to permanently employ such graduates following completion of their PGWPP, for positions requiring at minimum post-secondary education or trade qualification, must apply for a Labour Market Opinion (LMO) from HRSDC/Service Canada. Please note that the job opportunity can be offered by a different employer than the employer that offered the position under the PGWPP. When completing the Application for a Labour Market Opinion, whether applying on-line or using the fill & print version of the application, employers must answer “yes” to the question “Is the job temporary with intent to permanent?”.

Employers must submit an Application for a Labour Market Opinion to the Service Canada Centre responsible for processing the foreign worker requests in their area. The application will be assessed using existing program criteria. 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.

Learn more about the HRSDC/Service Canada LMO assessment criteria, noting that a Quebec Acceptance Certificate (CAQ) issued by the province is also required for jobs in Quebec.

CIC makes the final decision on the issuance of work permits.

[kvisa]

Thank you so much for the info. I had a chance to browse through the CIC website. It states..
A positive Labour Market Opinion will show that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job.
Well.. this is not particularly true in my case. I work for an Insurance company. I am the only foreign worker at the company and they would be able to fill the job with a Canadian, no problem. Will I still be able to obtain a positive LMO?

That's true. If you are looking for a work permit  but not the extension of your PGWP (PGWP only can be issued for 3 years max after your graduation. PGWP cannot be renewable if yours is 3 years), you need to have a positive LMO to be able to apply for work permit.

LMO form depends on if your employer willing to help your fill it or not. However, I am not Service Canada. I wish I am, but, NO. LOL I cannot tell you if your job position will get positive feedbacks or not. My employer used to help someone to complete the LMO and the feedback was negative because of other Canadian citizens can still fufill my position. Therefore, they do not complete the LMO for any employee any more. You can still contact your employer and see if they have done the LMO before or not, what the results were, etc. Good luck!

If your employer does not help your to complete the LMO form to support your work permit application or the past LMO opinion was negative, don't give up! You still have another option-you can apply for Visitor's visa when you are waiting for your CEC PR result. You cannot work when you are holding a visitior's visa but you can still legally stay inside Canada before the decision is made. It will be a better idea to remain legal stay in Canada before the CIC make any decision. Hope that help. 

[Nafla]

I am starting to worry about my friend now.

This is his case:  His 3 years PGWP is expiring in late January 2012.
He has applied (mid October) to renew his work permit without going through the LMO process.
He was 100% sure that it (LMO) is not needed.
I shall let you guys know what kind of feed back he gets from Vegreville.

[jes_ON]

I am starting to worry about my friend now.

This is his case:  His 3 years PGWP is expiring in late January 2012.
He has applied (mid October) to renew his work permit without going through the LMO process.
He was 100% sure that it (LMO) is not needed.
I shall let you guys know what kind of feed back he gets from Vegreville.

If your friend waits until he hears back from Vegreville, it may be too late.  He should ask his employer NOW to apply for the LMO.