LMIA-Exempt Closed Work Permit (Specialized Knowledge, ICT) - Reached 5-Year Cap, Options to Extend or Stay in Canada

[riddick1982]

Hi all,
I am currently in Canada on an LMIA-exempt closed work permit under the International Mobility Program (ICT – Specialized Knowledge category). I have been working here continuously and am now reaching the 5-year cap allowed under this category for ICT workers.
My employer has informed me that due to this cap, they are not willing to submit a renewal application, and they are advising me to leave Canada and return after 12 months to apply for a new work permit under the same category.
I would like to know:

1. Are there any other immigration pathways or work permit categories (possibly LMIA-based or other LMIA-exempt options) that I could switch to without leaving Canada?
2. Is it possible to change employer or switch to an open work permit while staying in Canada?
3. Has anyone successfully extended their stay beyond the 5-year cap by changing roles or permit categories?

Any advice or suggestions would be greatly appreciated. I'm trying to explore all possible options to extend my stay and avoid a forced break in status if possible.

 

[Naturgrl]

Hi all,
I am currently in Canada on an LMIA-exempt closed work permit under the International Mobility Program (ICT – Specialized Knowledge category). I have been working here continuously and am now reaching the 5-year cap allowed under this category for ICT workers.
My employer has informed me that due to this cap, they are not willing to submit a renewal application, and they are advising me to leave Canada and return after 12 months to apply for a new work permit under the same category.
I would like to know:

1. Are there any other immigration pathways or work permit categories (possibly LMIA-based or other LMIA-exempt options) that I could switch to without leaving Canada?
2. Is it possible to change employer or switch to an open work permit while staying in Canada?
3. Has anyone successfully extended their stay beyond the 5-year cap by changing roles or permit categories?

Any advice or suggestions would be greatly appreciated. I'm trying to explore all possible options to extend my stay and avoid a forced break in status if possible.

1. If you want PR then Express Entry. Or You need another job offer with LMIA.
2. Age? Citizenship? If not through working holiday, then not eligible for OWP
3. Change WP Categories?

 

[riddick1982]

1. If you want PR then Express Entry. Or You need another job offer with LMIA.
2. Age? Citizenship? If not through working holiday, then not eligible for OWP
3. Change WP Categories?

Thanks for your reply.
1. I am already in the Express Entry pool for over 2 years, but due to a high CRS score cutoff, I haven’t received an invitation yet. I have been trying to get a new LMIA-based job offer, but due to the current market, it's proving to be difficult.
2. I am not eligible for an Open Work Permit
3. Are there any LMIA-exempt categories I might be eligible for that are not subject to the 5-year ICT cap?
Could changing my job title or duties (e.g., moving into a managerial role under the ICT “Executive/Managerial” stream with a extension application) help extend my stay?

 

[forevermore76]

Thanks for your reply.
1. I am already in the Express Entry pool for over 2 years, but due to a high CRS score cutoff, I haven’t received an invitation yet. I have been trying to get a new LMIA-based job offer, but due to the current market, it's proving to be difficult.
2. I am not eligible for an Open Work Permit
3. Are there any LMIA-exempt categories I might be eligible for that are not subject to the 5-year ICT cap?
Could changing my job title or duties (e.g., moving into a managerial role under the ICT “Executive/Managerial” stream with a extension application) help extend my stay?

Get your employer to become designated in Atlantic Canada and then you can apply directly for PR. You can also get an OWP while waiting. If you haven't received an invitation in 2 years, it means your score is very low - French might help.
If everything else fails, just claim asylum. It will give you 10-15 years to figure things out as you can't be removed from Canada then.

 

[canuck78]

Get your employer to become designated in Atlantic Canada and then you can apply directly for PR. You can also get an OWP while waiting. If you haven't received an invitation in 2 years, it means your score is very low - French might help.
If everything else fails, just claim asylum. It will give you 10-15 years to figure things out as you can't be removed from Canada then.

Claiming asylum if you don’t have grounds for asylum and will be denied has significant longterm consequences in Canada and in other countries is not a good plan. The asylum claim can also have longterm consequences for your family in and outside Canada. Also could take less time to process so may not get 10+ years to be in Canada waiting for application to be processing.

 

[Vaishnavi123]

Hi all,
I am currently in Canada on an LMIA-exempt closed work permit under the International Mobility Program (ICT – Specialized Knowledge category). I have been working here continuously and am now reaching the 5-year cap allowed under this category for ICT workers.
My employer has informed me that due to this cap, they are not willing to submit a renewal application, and they are advising me to leave Canada and return after 12 months to apply for a new work permit under the same category.
I would like to know:

1. Are there any other immigration pathways or work permit categories (possibly LMIA-based or other LMIA-exempt options) that I could switch to without leaving Canada?
2. Is it possible to change employer or switch to an open work permit while staying in Canada?
3. Has anyone successfully extended their stay beyond the 5-year cap by changing roles or permit categories?

Any advice or suggestions would be greatly appreciated. I'm trying to explore all possible options to extend my stay and avoid a forced break in status if possible.

Hi Have a similar situation. My spouse got lay off in LMIA exempt work permit. CRS score is also low Unable to find sponsored job any advise will be helpful

 

[rcincanada2019]

Get your employer to become designated in Atlantic Canada and then you can apply directly for PR. You can also get an OWP while waiting. If you haven't received an invitation in 2 years, it means your score is very low - French might help.
If everything else fails, just claim asylum. It will give you 10-15 years to figure things out as you can't be removed from Canada then.

advising to claim asylum without a valid reason is just plain bad advise. when people takes advantage of loopholes in immigration laws, it undermines the integrity of the system. while it may be technically permissible to apply even without a valid reason, would you really want such new immigrants to flood the country?

 

[forevermore76]

advising to claim asylum without a valid reason is just plain bad advise. when people takes advantage of loopholes in immigration laws, it undermines the integrity of the system. while it may be technically permissible to apply even without a valid reason, would you really want such new immigrants to flood the country?

There is no integrity left in the Canadian Immigration system. It's a complete joke. And it's too late, country is already flooded.

 

[rcincanada2019]

There is no integrity left in the Canadian Immigration system. It's a complete joke. And it's too late, country is already flooded.

but giving bad advice which could exacerbate that which is already broken isn't going to help, would it?

 

[canuck78]

There is no integrity left in the Canadian Immigration system. It's a complete joke. And it's too late, country is already flooded.

There is an attempt to tighten up the system and many have gotten used to IRCC turning a blind eye and approving almost everyone. Many have unrealistic expectations of what may be possible and many will not be able to remain in Canada. Much harder to make people leave than prevent people from entering in the first place but can’t change some things at this point. Claiming asylum without grounds may seem like a good options for people but many do not realize they are likely closing a lot more doors for their family worldwide by applying. Certainly doesn’t help Canada either and is a very expensive program but nobody wins when people claim asylum with no grounds.

 

[ANN GICIRI]

Ann njoki from kenya im looking for any job, i have worked saudi Arabia for 2 years and now im looking for chance on canada

 

[forevermore76]

There is an attempt to tighten up the system and many have gotten used to IRCC turning a blind eye and approving almost everyone. Many have unrealistic expectations of what may be possible and many will not be able to remain in Canada. Much harder to make people leave than prevent people from entering in the first place but can’t change some things at this point. Claiming asylum without grounds may seem like a good options for people but many do not realize they are likely closing a lot more doors for their family worldwide by applying. Certainly doesn’t help Canada either and is a very expensive program but nobody wins when people claim asylum with no grounds.

You claim asylum and are pretty much guaranteed at least 10 years in Canada. There's nothing the govt will do to tighten anything, especially now since all the focus is on economy.

 

[canuck78]

You claim asylum and are pretty much guaranteed at least 10 years in Canada. There's nothing the govt will do to tighten anything, especially now since all the focus is on economy.

The economy is likely one of the reasons the immigration programs will be tightened. Just like in the US immigration is a top concern. Unlike the US most Canadians still support immigration but want a system that goes back to focusing on good candidates and reduces the volume of temporary residents. Both the asylum and H&C programs both need reform although it is more difficult to reform the asylum system for legal reasons. I do think both are coming in the relatively near future out of pure necessity. Asylum reform is an issue facing most countries.