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digits

Star Member
Jan 21, 2013
54
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Hi all,

my girlfriend has a 1 year work permit via International Experience Canada / Work Holiday Program. on March 10 she had 6 months of full time work experience, so she could apply for the Manitoba PNP. The online status changed to "Assessment Pending" middle april. Her work permit expires July first.

Is there anything we can do to make sure she can stay working ? Her boss offered her full time employment.

I have heard you can extend the work permit once the MPNP is approved, but I am afraid her work permit will expire before the MPNP is approved.

Thank you for any advice,
Kind regards,
Digits
 
digits said:
Hi all,

my girlfriend has a 1 year work permit via International Experience Canada / Work Holiday Program. on March 10 she had 6 months of full time work experience, so she could apply for the Manitoba PNP. The online status changed to "Assessment Pending" middle april. Her work permit expires July first.

Is there anything we can do to make sure she can stay working ? Her boss offered her full time employment.

I have heard you can extend the work permit once the MPNP is approved, but I am afraid her work permit will expire before the MPNP is approved.

Thank you for any advice,
Kind regards,
Digits

I hate to be the one to give you bad news but the chances of her having nomination within 2 weeks is slim. The next step will be for the application to go to "in process" and even after that it would take about a month. What she should have done was apply for the second year of IEC (most places allow a person to participate twice) and that would have given her time to get her PNP nomination.

You may have to start looking into other options for her to stay.

She will have to quit her job as soon as her WP expires so it may even be good for her to give her boss notice now so that she can get a good reference when she is able to work again. Also do let her go on "implied status". People on IEC work permits can not get implied status and if she works thinking she is on implied status it could come back and hurt her further down the application process.

She will also have to contact PNP office and tell them she is no longer working.

What country is your girlfriend from? Have you guys been living together while she has been here? What kind of education does she have and what kind of job does she have?
 
She is from Belgium, and only allowed to have IEC once.

She works as an administrative assistant. She has a Belgian Dietitian license though, but not a Canadian one.

We have been living together since she arrived. I am a Permanent Resident here.

Will she still be able get her MPNP once her work permit expires ?
 
I did some further research, contacted MPNP etc, and there is not much that can be done at this point. Just wait.

However, before july 1st she has to get visitor status. My question now is: how do you get that ? She is from a visa exempt country, but that only qualifies if you can convince an immigration officer that you are going to leave after 6 months. Which will not be the case. And if you try to apply online, it tells you you can't if you are from a visa exempt country.

Any help would be appreciated very much !

Thanks,
digits
 
She needs to apply to change her status (from IEC to visitor):
http://www.cic.gc.ca/english/information/applications/visitor.asp
 
Oh this helps a lot !

One more issue: If she applies to become a visitor, won't that mess / cancel out her MPNP application ? Then again, we have to file this form 30 days before her current permit expires...

Thank you once again !
 
digits said:
Oh this helps a lot !

One more issue: If she applies to become a visitor, won't that mess / cancel out her MPNP application ? Then again, we have to file this form 30 days before her current permit expires...

Thank you once again !

I don't know how that would affect her MPNP application: she should check with them directly.
 
We did, the conversation went like this:

"she has to be in status at all times"
- "ok, but if she applies for a visitor status, will that affect her pnp application ?"
"she has to be in status at all times"
- "Yes, but her pnp application is based on her work experience and her work permit. So if she switches to visitor status, will she still be eligible ?"
"she has to be in status at all times"
- "i see"

I guess it doesn't really matter, since she does need to be in status at all time. But it would be very good to know if this would ruin her MPNP chances. If it would, it would be better for us to take a gamble and just wait till june 30th before applying for visitor status.
 
I hope it will help you..

I had the same situation likes your girl friend

I had 1 year work permit via IEC / Work Holiday program

I applied Feb 1 for mpnp and got the nominee on May 11 by email(i still waiting real Mail)

they usually do nominee before your work permit expire (almost 1 week before or 1 day before )

So just wait until 1day before your girl friend work permit expire.

If she get the nominee she can apply LMIA exempt work permit by online and she can work until she can get the results (or go to border with required document - do not recomend)

If you apply by online

required document is Scanned IMM5802,Employer Compliance Fee, Job Offer (Up to date one), Nominee Letter,Suppoting Letter,Digital Photo Copy ,Passport Copy (I recomend you prepare them in advance in case of there is no much time.)

Don't apply Visitor permit now. if your girl friend apply visitor permit she can't work after work permit expire

And go to the 213 norte dame MPNP office to ask what her status

(because some officer do not update status by online)

sorry for bad english
 
digits said:
We did, the conversation went like this:

"she has to be in status at all times"
- "ok, but if she applies for a visitor status, will that affect her pnp application ?"
"she has to be in status at all times"
- "Yes, but her pnp application is based on her work experience and her work permit. So if she switches to visitor status, will she still be eligible ?"
"she has to be in status at all times"
- "i see"

I guess it doesn't really matter, since she does need to be in status at all time. But it would be very good to know if this would ruin her MPNP chances. If it would, it would be better for us to take a gamble and just wait till june 30th before applying for visitor status.

Grrrr :( How frustrating!!!
I did find this on the MPNP site, I don't know if it helps (bolded by me):

Assessment in both paths is based on credible and verifiable documents submitted at the time of application that satisfactorily demonstrate you meet current program criteria for employability and adaptability. (“Current” means as published on the MPNP website on the date your application is received.)
http://www.immigratemanitoba.com/mpnp-for-skilled-workers/next-steps/

The site also emphasizes that email communication/or via the online is preferred to telephone calls, but you've probably already tried that too?

Like you, I would probably take a chance and wait until closer to June 30 to apply for a change of status - maybe not the very last day!

I would also (if not already done) update MPNP with the permanent job offer from her employer.
 
scarsdsh said:
If she get the nominee she can apply LMIA exempt work permit by online and she can work until she can get the results (or go to border with required document - do not recomend)
Thank you for your information. Why is this not recommended ?
scarsdsh said:
Don't apply Visitor permit now. if your girl friend apply visitor permit she can't work after work permit expire

If her IEC expires, then she can't work anyway, right ? So why would it be bad to be a visitor officially ? I appreciate your suggestions though !
 
Lammawitch said:
Grrrr :( How frustrating!!!
I did find this on the MPNP site, I don't know if it helps (bolded by me):
http://www.immigratemanitoba.com/mpnp-for-skilled-workers/next-steps/
That only means that they are using the rules / legal stuff that was in place at the time you submit your application. They still judge you the moment they assess your application. (this is my personal application from info I read on various sources, i hope i am wrong)
The site also emphasizes that email communication/or via the online is preferred to telephone calls, but you've probably already tried that too?
Yes I did, this I the reply:

Dear Applicant:

We do not provide timeline as to the processing of applications. If your work permit is about to expire, please be reminded that it is your responsibility to make sure you have a valid status in Canada while waiting for your application. For your work permit, please contact CIC directly.

Sincerely,
MPNP


I would also (if not already done) update MPNP with the permanent job offer from her employer.

They already have that, that is how she is eligible, 6 months of work experience. Let's hope it is enough.
 
digits said:
Thank you for your information. Why is this not recommended ?
If her IEC expires, then she can't work anyway, right ? So why would it be bad to be a visitor officially ? I appreciate your suggestions though !

Thank you for your information. Why is this not recommended ? --> Some officer issue work permit some don't because this is not a duty of CBSA

If her IEC expires, then she can't work anyway, right ? So why would it be bad to be a visitor officially --> usually employer don't like 2~3 month vacations.. there is possiblity of laid off

GOOD LUCK~ ;)
 
scarsdsh said:
Thank you for your information. Why is this not recommended ? --> Some officer issue work permit some don't because this is not a duty of CBSA
Oh I didn't know that.

scarsdsh said:
If her IEC expires, then she can't work anyway, right ? So why would it be bad to be a visitor officially --> usually employer don't like 2~3 month vacations.. there is possiblity of laid off

Well, the problem is that you need to apply for visitor status more than 30 days in advance, so basically now. If I apply for visitor status now, I don't know how MPNP will respond to that. They might interpret it as "she just wants to stay as a visitor". Also, what happens if the visitor status gets approved quicker than 30 days ? Or what if it gets approved in 4 weeks, but at the same time the MPNP comes through and she applies for a work permit ? I have no idea how CIC would respond to 3 status changes in 2 weeks time...
 
digits said:
Oh I didn't know that.

Well, the problem is that you need to apply for visitor status more than 30 days in advance, so basically now. If I apply for visitor status now, I don't know how MPNP will respond to that. They might interpret it as "she just wants to stay as a visitor". Also, what happens if the visitor status gets approved quicker than 30 days ? Or what if it gets approved in 4 weeks, but at the same time the MPNP comes through and she applies for a work permit ? I have no idea how CIC would respond to 3 status changes in 2 weeks time...

RE: 30 days in advance: this is not correct. That's what they recommend, but legally all she has to do is ensure that a completed application for a visitor visa is received before her current IEC work permit expires. She will then be on implied status waiting on the outcome of the visitor application, and must stop work immediately when the work permit expires. She will still be "in status" in Canada and won't need to apply for restoration or have breeched any conditions (implied status counts as "in status" for this purpose).

I'm not sure about the MPNP, but for the BCPNP it doesn't affect your application as long as the employer is still offering her the job to return to once her provincial nomination is approved. Since PNP is conditional on having a job offer, if this offer goes away then technically she can't be a nominee. So you need to speak with the employer and make arrangements for them to hold the job for her until this process is done.

In my case I was on a visitor visa for 7 months while I waited for my BCPNP to be approved. I was very lucky that my employer was willing to hold the job that long.