Work Permit Advice

[Hofsta]

Greetings everyone. I'm a US citizen who came to canada on an IEC work and travel visa looking for a change of pace and to live with my girlfriend(who is a Canadian citizen) while she finishes out her last year of university. While I was here I got offered a full-time job, which was an amazing opportunity.

I was very up front with my employer about the fact that I was here on a temporary visa and that it would expire on Aug 12th 2018. About 2 months ago when it looked like my job was going to continue I started looking into the process of applying for a work permit so that I could keep working at my current job. I had a lot of trouble finding the correct information about what I needed to fill out my application and what was required for me to qualify for a work permit.

My profession qualifies as LMIA exempt under NAFTA, but on my application they ask for an LMIA exempt number. It took me a while to figure out what that meant, and I realized that my offer of employment letter didn't have one on it since I was originally hired with an open work permit.

After about a month of trying to convince my employer that I needed this number for my application, they finally started the process of submitting paperwork and applying for a number for me. I'm hoping this all works out well, but there's an issue.

My visa expires in just a few weeks, even if they get the number soon, all that does is allow me to submit my application. What happens while I'm waiting for that to process?

Can I continue to work and stay here during that time?

Do I need to stop working and go back to the US until my application is processed and I have a new work permit?

Should I try to apply for a visitor visa or something like that in the mean-time?

Nobody at work seems to have a clue how I should proceed, and I'm quickly running out of time. Any advice or insight anyone can provide about my situation would be greatly appreciated. Thank you for taking a look at my thread and helping me out.

Cheers

 

[canuck_in_uk]

Greetings everyone. I'm a US citizen who came to canada on an IEC work and travel visa looking for a change of pace and to live with my girlfriend(who is a Canadian citizen) while she finishes out her last year of university. While I was here I got offered a full-time job, which was an amazing opportunity.

I was very up front with my employer about the fact that I was here on a temporary visa and that it would expire on Aug 12th 2018. About 2 months ago when it looked like my job was going to continue I started looking into the process of applying for a work permit so that I could keep working at my current job. I had a lot of trouble finding the correct information about what I needed to fill out my application and what was required for me to qualify for a work permit.

My profession qualifies as LMIA exempt under NAFTA, but on my application they ask for an LMIA exempt number. It took me a while to figure out what that meant, and I realized that my offer of employment letter didn't have one on it since I was originally hired with an open work permit.

After about a month of trying to convince my employer that I needed this number for my application, they finally started the process of submitting paperwork and applying for a number for me. I'm hoping this all works out well, but there's an issue.

My visa expires in just a few weeks, even if they get the number soon, all that does is allow me to submit my application. What happens while I'm waiting for that to process?

Can I continue to work and stay here during that time?

Do I need to stop working and go back to the US until my application is processed and I have a new work permit?

Should I try to apply for a visitor visa or something like that in the mean-time?

Nobody at work seems to have a clue how I should proceed, and I'm quickly running out of time. Any advice or insight anyone can provide about my situation would be greatly appreciated. Thank you for taking a look at my thread and helping me out.

Cheers

Hi

If your work permit expires and you don't yet have a new permit, you must stop working.

The fastest way for you to apply for a work permit is to flagpole at the border once you have all of the documents in order.

If you still don't have everything ready to go a few days before your permit expires, apply to change your status to visitor. You can then withdraw it if you get your work permit before it is processed.

 

[Hofsta]

Thank you for responding and offering some advice.

If I apply to change my status to a visitor will I be able to remain in Canada even if I don't have the visa yet while I wait for all the necessary documents?

The last thing I heard from my employer is that a representative will be assigned to me in the next 5 - 10 days. I'm not sure what the representative will do, but it has something to do with the process of getting my LMIA exempt number. Since my visa expires in 12 days I don't think I have much of a choice but to try and apply for a visitor visa in the mean-time or drive back to the states for several weeks.

Thanks again for the help. I'm hoping to get this figured out quickly.

 

[canuck_in_uk]

Thank you for responding and offering some advice.

If I apply to change my status to a visitor will I be able to remain in Canada even if I don't have the visa yet while I wait for all the necessary documents?

The last thing I heard from my employer is that a representative will be assigned to me in the next 5 - 10 days. I'm not sure what the representative will do, but it has something to do with the process of getting my LMIA exempt number. Since my visa expires in 12 days I don't think I have much of a choice but to try and apply for a visitor visa in the mean-time or drive back to the states for several weeks.

Thanks again for the help. I'm hoping to get this figured out quickly.

Yes, you can stay while waiting for the visitor app to be approved. You must stop working when your work permit expires.

 

[Hofsta]

It mentions that I should apply for a visitor visa 30 days before my current status expires. Do you think that will cause an issue?

As a side note, will this mean that I will have to pay the $100 visitor app fee as well as the $150 work permit app fee? (It's a small price to pay for continued full time employment so I don't mind either way)

I was also wondering how this will affect my insurance situation. When I came here via my IEC visa I had to get travelers insurance for a year so that I was covered for the full duration of my stay. That insurance will expire when my visa does and I was counting on the health benefits from my employer(Which I should be able to start receiving in Aug) but if I can't be employed by them while I wait for my work visa to come through then I'll be stuck without health insurance for that time. I assume this will be an issue, any advice on that?

Again, thank you for responding to my questions so quickly, you've been a huge help!

 

[canuck_in_uk]

It mentions that I should apply for a visitor visa 30 days before my current status expires. Do you think that will cause an issue?

As a side note, will this mean that I will have to pay the $100 visitor app fee as well as the $150 work permit app fee? (It's a small price to pay for continued full time employment so I don't mind either way)

I was also wondering how this will affect my insurance situation. When I came here via my IEC visa I had to get travelers insurance for a year so that I was covered for the full duration of my stay. That insurance will expire when my visa does and I was counting on the health benefits from my employer(Which I should be able to start receiving in Aug) but if I can't be employed by them while I wait for my work visa to come through then I'll be stuck without health insurance for that time. I assume this will be an issue, any advice on that?

Again, thank you for responding to my questions so quickly, you've been a huge help!

Note that you are applying for visitor status, not a visitor visa.

30 days is just a recommendation. You can apply up until your status expires.

Yes, you need to pay the visitor fee. If your work permit is issued before the visitor app is prcessed, you can request a refund when withdrawing.

Extended benefits only cover extras like prescriptions, physio, etc. They don't cover normal doctor/hospital costs, as those are covered by provincial health. This is why you generally need provincial health coverage in order to qualify for extended benefits through an employer. You may be able to purchase some sort of emergency coverage. What province are you in?

 

[Hofsta]

I'm in Nova Scotia.

 

[Hofsta]

Is the process for applying for visitor status different then applying for a visa? Which form/application do I need to fill out for that?

 

[canuck_in_uk]

I'm in Nova Scotia.

I'm not familiar with the health coverage rules in Nova Scotia. Most provinces cover foreign workers, with certain conditions. You should look into it for after you get a new work permit.

Is the process for applying for visitor status different then applying for a visa? Which form/application do I need to fill out for that?

Yes, visitor status is completely different from a visitor visa. You need to apply to change conditions and extend your stay as a visitor, IMM5708.

 

[canuck78]

Good news. Looks like you qualify for healthcare right away if your contract is at least for 1 year. Other provinces like Ontario require you to wait 6 months.

https://novascotia.ca/DHW/msi/moving_travel.asp#2

 

[Hofsta]

That's good news. Thanks for the info.

However, my main concern is what to do about my healthcare situation in the interim between my current work permit expiring and getting a new one.

 

[canuck78]

That's good news. Thanks for the info.

However, my main concern is what to do about my healthcare situation in the interim between my current work permit expiring and getting a new one.

You'll have to continue your travel insurance like you were under IEC.