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4 years cap only for new comers????

Anatalia

Hero Member
Jun 21, 2014
220
1
Category........
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Sydney, NS
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Pre-Assessed..
App. Filed.......
20-04-2015
AOR Received.
13-07-2015
Med's Done....
08-01-2016
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05-04-2016
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10-05-2016
I just found this:

"There are also some exceptions from counting toward the 4 year maximum. These are as follows:
- Those who have applied for permanent residence and received a Provincial Nominee Program certificate, or who have received a positive selection decision under the Federal Skilled Worker Class or Canadian Experience Class."

So it means I will be able to extend my work permit even though it will be more than 2 years?
 

zardoz

VIP Member
Feb 2, 2013
13,304
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London
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16-02-2013
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31-07-2013
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09-11-2013
Anatalia said:
I just found this:

"There are also some exceptions from counting toward the 4 year maximum. These are as follows:
- Those who have applied for permanent residence and received a Provincial Nominee Program certificate, or who have received a positive selection decision under the Federal Skilled Worker Class or Canadian Experience Class."

So it means I will be able to extend my work permit even though it will be more than 2 years?
One assumes so... It would make sense.
 

jes_ON

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Jun 22, 2009
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New York
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13-Aug-2010
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01-Mar-2011
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30-Jun-2011
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12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Anatalia said:
At the moment I just applied for ainp nomination. Hopefully I will get it in the march-july 2015.
It is my 2nd year in Canada as a worker (low-skill).
My work permit will expiry in february 2015.
If this new rule about the duration of 2 years instead of 4 will be effected in summer 2015, i can still get my another work extension for a year only. Of course I wont get pr by the end of my new work permit.
And what to do in this case? Because after summer 2015 I wont be able to extend my work permit anymore.
After you apply for PR, you may be eligible for a "bridging open work permit" -

http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob485A.asp

BOWPs are not subject to the time limit.
 

amol

Full Member
Jun 17, 2013
41
18
hi guys,
I have a question. I got 2 years of work permit which is expiring in 2016. but after that can i extend it ? as per new rules now they are issuing 1 year work permit + 1 year extension. so will i be able to extend it for 1 more year?
 

jenny12345

Hero Member
Mar 11, 2013
254
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Vegreville AB
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Pre-Assessed..
The new 2 year maximum rule goes on effect Summer 2015, it also says that it does not apply to TFW's already here. However it is still unclear so it might be safer to assume that your work permit might not be extended by 2016.
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
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Inland / Previously Pak
NOC Code......
2173/4
I would say again there is no reason to believe that the "Exceptions" that existed already while 4 year maximum was in place, such as NOC 0, A, LMO exempt jobs etc. would not exist any more.

http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=1
(Read under heading "Exceptions")

If NOCs are no longer used and median wage is, then probably the limit would only apply if you are paid at or below median wage. This is not published any where yet but nor does it say any where that there won't be exceptions as they existed before.

Also If you have a PR approval for first stage, the limit doesn't apply either. BOWP was designed to address exactly this situation and it DOES NOT require an LMO.

Hope that helps quite a few people
 

asdmhee

Star Member
Feb 1, 2013
99
1
fkl said:
I would say again there is no reason to believe that the "Exceptions" that existed already while 4 year maximum was in place, such as NOC 0, A, LMO exempt jobs etc. would not exist any more.

http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=1
(Read under heading "Exceptions")

If NOCs are no longer used and median wage is, then probably the limit would only apply if you are paid at or below median wage. This is not published any where yet but nor does it say any where that there won't be exceptions as they existed before.

Also If you have a PR approval for first stage, the limit doesn't apply either. BOWP was designed to address exactly this situation and it DOES NOT require an LMO.


I have some questions:


My story goes like this,


I came to Canada last September 2012, my working permit is valid only until December 2013 because my passport is valid only until December 2013. I renewed my passport April 2013, so I can extend my working permit. Come December 2013 upon renewal of my working permit, it was refused because of invalid LMO. I 're apply my permit and it was approved from kitchen helper to cook. However, it was only valid until September 2014.

My questions are:

Is it possible to renew working permit from kitchen helper to cook if the same LMO number that was applied in renewal of working permit?

How come that it was only valid until September 2014?

Is it possible that the CiC had this mistake or my employer?

Thank you

Hope that helps quite a few people
 

asdmhee

Star Member
Feb 1, 2013
99
1
I have some questions:


My story goes like this,


I came to Canada last September 2012, my working permit is valid only until December 2013 because my passport is valid only until December 2013. I renewed my passport April 2013, so I can extend my working permit. Come December 2013 upon renewal of my working permit, it was refused because of invalid LMO. I 're apply my permit and it was approved from kitchen helper to cook. However, it was only valid until September 2014.

My questions are:

Is it possible to renew working permit from kitchen helper to cook if the same LMO number that was applied in renewal of working permit?

How come that it was only valid until September 2014?

Is it possible that the CiC had this mistake or my employer?

Thank you
 

fkl

VIP Member
Apr 25, 2013
3,351
218
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
@ asdmhee

* As far as i know LMO clearly states NOC code. So i don't know how kitchen helper and cook could be interchanged.
* When you apply for work permit renewal, previous LMO is surely expired (max validity of six months). The same cannot be used. Even for renewal you need a new LMO
* Work permits can be issued for much shorter duration as well. In fact it's more common than the ones with full validity. SO it's not unusual if you were given a wp valid for a year only.
 

asdmhee

Star Member
Feb 1, 2013
99
1
fkl said:
@ asdmhee

* As far as i know LMO clearly states NOC code. So i don't know how kitchen helper and cook could be interchanged.
* When you apply for work permit renewal, previous LMO is surely expired (max validity of six months). The same cannot be used. Even for renewal you need a new LMO
* Work permits can be issued for much shorter duration as well. In fact it's more common than full validity. SO there shouldn't a surprise if you were given a wp valid for a year only.
Thank you so much to your reply.

Can I ask another questions? You were saying that my 1st LMO cannot be used in renewal of working permit?

How come my 1st LMo and the new one had the same number? Will that be possible?

What will be the reasons why CIC issued only less than a year of working permit.
 

zardoz

VIP Member
Feb 2, 2013
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London
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09-11-2013
asdmhee said:
Thank you so much to your reply.

Can I ask another questions? You were saying that my 1st LMO cannot be used in renewal of working permit?

How come my 1st LMo and the new one had the same number? Will that be possible?

What will be the reasons why CIC issued only less than a year of working permit.
Could it be that they have now extended the original WP to the maximum 2 years given that you were originally given a period that was artificially limited by your passport? This may not be a "new" work permit, but the "remainder" of the existing one... That would explain the Sept 2012 to Sept 2014 period.
 

asdmhee

Star Member
Feb 1, 2013
99
1
zardoz said:
Could it be that they have now extended the original WP to the maximum 2 years given that you were originally given a period that was artificially limited by your passport? This may not be a "new" work permit, but the "remainder" of the existing one... That would explain the Sept 2012 to Sept 2014 period.
Yes, those are my thoughts that it could possibly just a remainder of the existing one. But the thing that I am confused is that why the remainder working permit was changed from Kitchen helper to Cook?
 

fkl

VIP Member
Apr 25, 2013
3,351
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Canada
Visa Office......
Inland / Previously Pak
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2173/4
zardoz said:
Could it be that they have now extended the original WP to the maximum 2 years given that you were originally given a period that was artificially limited by your passport? This may not be a "new" work permit, but the "remainder" of the existing one... That would explain the Sept 2012 to Sept 2014 period.
Very likely in my opinion and is the only explanation. Thanks Zardoz, i didn't think of that. And i am stumped with the change from "ktichen helper to cook". Usually i do know that an employer has choices to use any of related NOC codes for various positions i.e. and employer can pick one from the related list i.e. i have colleagues whose and my JD's are same but their NOC is of "Information Systems Developer" where as mine is "Computer Programmer and .."

But this is for specialized JD where i am pretty sure it is impossible for CIC to make the distinction. Respectfully i don't expect them to know every domain in that depth.

However, once a NOC is assigned on an LMO that is all that should exist on a wp. So no idea how that switch was possible
 

fpaikar

Hero Member
Jul 15, 2013
611
23
Hi I have a question my work visa is itill jnauary 2016,so if afterwards my employer has to change it then he has either to apply for an LMOas we will be able to apply for our PR in March so we can continue working on open bridge work permit.
 

fkl

VIP Member
Apr 25, 2013
3,351
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Canada
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Inland / Previously Pak
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2173/4
@fpaikar, if you are asking what are your options, then yes

Either your employer gets a new LMO and then you apply for a work permit in 2016 (which might be subject to two year limit effective by then)

OR you apply for a PR early enough that you could receive first stage approval and apply for BOWP BEFORE your current wp expiry.

I am not sure why you put march there. If your wp expires in jan 2016 - all of this has to be done before jan 2016. Else you need another wp effective by then to continue working.