Apply for Work Permit Extension

[smahmed365]

Hello,

Am currently on a open work permit which is due to expire on the first week of January 2016. I am currently working as a contractor in a company. I have been working here for 1 year and some months.

My 2 years of job at this place will complete by the end of April 2016. I need to know if I can apply for a work permit extension.
I tried calling CIC and heard a notification saying you can get an extension of an open work permit to a maximum of 4 years.

As my 3 year work permit is expiring next Jan, can I go ahead and apply for an extension for another year so that I can complete my 2 year work there.
Or what would be the best bet in this case? I am currently sitting at 396 points on my EE profile.
Please advise.
Thanks in advance.

 

[mahendraaaaa]

Why is your work permit expiring? Is it because your passport is expiring as well? Because you cannot get a renewal if your passport is expired.

Btw, you should have posted in http://www.canadavisa.com/canada-immigration-discussion-board/foreign-workers-b10.0/

 

[smahmed365]

They usually provide 3 year work permit post graduation.. So it is nearing 3 years.
i want to apply fr an extension.

Can we apply for work permit extension without having an ITA?

Any other suggestions if not for that?
I do not want to be going back.

 

[jes_ON]

They usually provide 3 year work permit post graduation.. So it is nearing 3 years.
i want to apply fr an extension.

Can we apply for work permit extension without having an ITA?

Any other suggestions if not for that?
I do not want to be going back.

You can apply, but you have to be eligible for an extension for it to be approved.

You are not eligible for a Bridging Open Work Permit until you have received an ITA, applied for PR and have received the Acknowledgment of receipt (AOR).

If your employer obtains an LMIA, then you could extend your permit (it would change to a closed work permit).

Depending on what kind of degree you earned and in what province (and your province of current employment), there may be alternatives to apply for PR through provincial programs.

As for the 4-year rule - it applies to most work permits, not just "open" work permits, but there are exceptions (e.g. if your NOC is level O or A...) Read about it here -
http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=2

BTW, if you are working as a "contractor" you have to be careful - if you are self-employed, it will not count as "Canadian experience."

 

[smahmed365]

Okay.

My manager should be able to apply for an LMIA for me even though I work as a contractor there?

I am In Ontario. Have studied here and also work here.

Have completed a diploma from Seneca College.
I have 396 points on my EE profile.

Please advise.
What will be my best option in this case?

 

[jes_ON]

My manager should be able to apply for an LMIA for me even though I work as a contractor there?

LMIAs are for full-time employees. If you are a contract employee, then you can continue to be a contract employee (e.g. term-limited, not permanent)

If you are a self-employed contractor, you are not an employee. Your client (you are your own employer) would have to offer you full-time employment as a condition of the LMIA.

For a work permit, it does not have to be permanent employment, it can be term-limited (e.g. 6 months, 2 years).

But if your client does not want to hire you as an employee, then no, an LMIA is not an option.

 

[smahmed365]

No I am not a self-employed contractor.

I work at a company as a contractor.
So, my manager will not be able to apply for an LMIA for me because I am a contractor?

What should be my next step from here on?
Any suggestions?

 

[jes_ON]

No I am not a self-employed contractor.

I work at a company as a contractor.
So, my manager will not be able to apply for an LMIA for me because I am a contractor?

You are going to have to be more precise about what you mean by "contractor." The term "contractor" usually means "independent contractor," i.e. self-employed.

In general - If you are employed:
- Your employer takes all statutory deductions from your pay (e.g. CPP, EI premiums, and income tax)
- You receive an annual T4

If you are self-employed:
- You have to pay taxes yourself
- You receive a T4A

If you are a "contract employee," you should not use the term "contractor" to avoid confusion.

There are some situations where the line between self-employment and employment is blurred, but in those cases you can get a ruling from the CRA -
http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html#employee_selfemployed


So - Employers can obtain LMIAs for employees. They cannot get LMIAs to hire independent contractors.

 

[smahmed365]

Okay sorry about that.

Thank you for the information.
Will talk to my manager and see if they are willing to provide LMIA.

Is there any other way to go about from here?
I want to complete my 2 years of work here which will be completed on the last week of April 2016. That should take up my points to 421.

 

[jes_ON]

not unless you have a spouse or partner who's eligible to stay in Canada, I can't think of any other options to continue working. To stay as a worker, you will have to have an LMIA-supported job offer...

 

[smahmed365]

Thank you for our response.

Just a query.
If I apply for a work permit now and take my first semester off.
Will I be able to work full time?

Taking off for a semester of studying part time allows us to work full time?