IEC Expiring in December - Work Permit Options

[cal123]

Hi All,

I’m currently working through some issues with my status in Canada and was hoping to get some clarification on my assumptions:

I am currently on my second 24 month International Experience Canada (IEC) Visa (expiring December 19th), I am able to renew for another 24 month visa however CIC closed applications for this visa on October 9th they will likely not open up again until March 2016.

My PR application has been submitted as of September 26th, I have applied via Express Entry using the CEC stream however my Comprehensive Ranking System (CRS) score is only 338 and the October round draw sent 1500+ invitation’s to apply to applicants with a CRS score of 489 and above.

With that in mind there’s no guarantee that I will be successful in being offered PR prior to December 19th

As a result I need to change to a sponsored permit, which will require my employer to complete a Labour Market Impact Assessment (LMIA previously LMO)

Ideally we would apply for a ‘Dual Intent LMIA’ which would satisfy the requirements of the sponsored work permit and also bring an additional 600 points to my CRS, in turn pushing me to the front of the line for PR.

I have also been living with my girlfriend for the past 24 months in Canada and the year prior to that we lived together in Australia.

Can anyone point me in the right direction so that I might be able to continue to work with my current employer after December 19th 2015?

Thanks,

 

[scylla]

There is zero chance you will be selected this year under Express Entry with only 338 points. So I would forget that route unless you're able to secure a permanent job offer + approved LMIA to boost your score by 600 points.

Since IECs don't benefit from implied status, you need to have a new an approved work permit in hand before your IEC expires if you want to keep working. The only realistic option at this point is an LMIA + new closed work permit - and even then you are already very short on time given your employer has to advertise for a month first and given current LMIA processing times. If your employer is willing to go the LMIA route, I would start immediately.

Your girlfriend could sponsor you for PR. But this won't immediately help you from a work perspective and you would still have to stop working once your IEC expires. If she sponsored you inland (which would be the wrong way to go given you are from Australia) - then you could also apply for an open work permit at the same time. However you'll need time you get your sponsorship application together (this will take anywhere form a few weeks to a few months) and the OWP won't be issued until four months after your completed application is received - so you would have to stop working for at least a few months (between your IEC expiring and your OWP being approved).

 

[cal123]

Thanks for the detailed response scylla!

My current employer is discussing moving forward with the LMIA with a lawyer at the moment so hopefully that goes well, I also have another potential employer who is investigating the LMIA process as well. Hopefully one of them is able to move forward with it this week.

If they're able to complete a Dual Intent LMIA successfully do I just submit a IMM5710E (Application to Change conditions, extend my stay or remain in Canada as a work) or is in another form?