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Aug 31, 2015
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Hi all,

Urgent help needed. My wife recently got her post grad work permit after completing her masters from a canadian university.

My open work permit which i obtained based on her study permit is expiring on july 31st.

Will I be able to extend it again considering the fact that i am not dependent on her anymore and she is yet to get a confirmed offer letter from the probable employer??
 
Hi all,

Urgent help needed. My wife recently got her post grad work permit after completing her masters from a canadian university.

My open work permit which i obtained based on her study permit is expiring on july 31st.

Will I be able to extend it again considering the fact that i am not dependent on her anymore and she is yet to get a confirmed offer letter from the probable employer??

You cannot extend your open work permit at this time.

You can only apply to extend your open work permit once she is working in a job that is NOC A, B or 0. She will need to provide three payslips as part of your open work permit application to prove she is working in the role.

If she isn't able to obtain a job in time, you will have to change your status to visitor and stop working until she is able to secure a job and you are able to obtain a new open work permit.
 
Thanks scylla :-)

Now one more question.. if i ask my employer to sponsor my work permit after july 31st.. i want to know if its LMIA or not .. because my HR manager still is trying to find out .. i am in a telecom cmpany with profile of marketing .. what would be my NOC ?? And do i need LMIA ?? Appreciate your help .. and thanks a lot for answering my initial question.. sould i be hiring an immigration lawyer at this tume ?? Does that help ??
 
Thanks scylla :)

Now one more question.. if i ask my employer to sponsor my work permit after july 31st.. i want to know if its LMIA or not .. because my HR manager still is trying to find out .. i am in a telecom cmpany with profile of marketing .. what would be my NOC ?? And do i need LMIA ?? Appreciate your help .. and thanks a lot for answering my initial question.. sould i be hiring an immigration lawyer at this tume ?? Does that help ??

No - this won't help you.

Yes - your employer needs to obtain an approved LMIA if you want to change to a closed work permit. You cannot extend your open work permit without your spouse having a NOC A, B or 0 job. If you want to have your employer sponsor your work permit, you have to switch to a closed work permit. To switch to a close work permit, your employer must first obtain an approved LMIA. Your NOC is irrelevant. Your employer needs to obtain an approved LMIA.

An LMIA typically takes 3-5 months to obtain. You definitely will not have an LMIA by July 31st - absolutely zero chance. The first step is for your employer to advertise the job for a month to prove no Canadian could be found for the role (this is mandatory and the employer must meet the LMIA advertising requirements). Next the LMIA application has to be submitted for processing. Processing typically takes 2-4 months with no guarantee of approval.