open work permit denied

[Rkfletch]

I hope somebody can help me. I am a US citizen and trying to migrate to Canada to start a life with my Canadian girlfriend. I have applied to attend a post secondary electrical 6 month program in Canada. I submitted an application for a student visa and a open work visa so I could work while waiting to start school.

The student application was returned to me saying I had to wait until I received an acceptance letter from the university. It took several months but the work permit than got denied. It said I was not truthful about being denied a visa in the past (I am assuming they are referring to student visa which was returned not denied) and also that I did not qualify for open work permit and I needed to find an employer who should apply.

I am not sure where I go from here. The being truthful part should be straight forward to explain but what do I need to do to obtain a open work visa. I have read for a employer to hire me and apply for labour market application, it is very difficult. I am only attending school to qualify for the skilled worker program but do I also need 2 years work experience in the electrical trade or would a 6 month program qualify me?

I would really appreciate some guidance.

 

[scylla]

Based on the information you've provided, you don't qualify for an open work permit and were correctly refused.

To qualify to work part time while attending school, you must be attending a full time program that is at least eight months in length at a school that is recognized by CIC (designated learning institution). You must first be accepted into the school and receive your study permit. You also cannot begin working until AFTER you have started your full time studies.

You need to start by picking a longer program.

 

[Rkfletch]

I am confused on the immigration website it states you are eligible to work off campus, 20 hrs/week if...

•be studying in an academic, vocational or professional training program that leads to a degree, diploma or certificate that is at least six months in duration.
So a 6 month program would qualify. I am still waiting for my acceptance letter but once I am finished my 6 month program, would I qualify for the skilled worker program?

If I am not eligible for open work permit now, I am not in school at this time, what do I need to do to be eligible?

Thanks for your help

 

[scylla]

A study permit is required in order for you to be able to work while you study. No study permit is required for studying programs of six months or less. You can try applying for a study permit for your six month program - however there's a very good chance you'll be told to simply study as a visitor in Canada which means you can't work. This is why I've recommended you take a program that's at least eight months in length.

Without obtaining a study permit and starting school, I don't see any options that would qualify you for an open work permit. Open work permits are only granted in very limited circumstances. If you want to work now, you would need to apply for a closed work permit - this requires a full time job offer from an employer and approved LMIA.

 

[Rkfletch]

I understand now. I thought they would approve a study permit for the 6 month program and I could work while going to school. I do know a person in Canada who would offer me a job but he is small self employed residential painter with only one other employee. Would it be difficult to get approved LMIA in his case?

How would a person qualify under the skilled worker program or is there another program to get myself into Canada to start my life. I have been coming back and forth as a visitor and really want to be able to stay and start a job/life here.

thanks

 

[Rkfletch]

Also if I just complete the 6 month and don't apply for the work permit, would I qualify for the Skilled worker program with my 6 month electrical certificate and no experience? What are my chances of getting a work permit after school?

 

[scylla]

Also if I just complete the 6 month and don't apply for the work permit, would I qualify for the Skilled worker program with my 6 month electrical certificate and no experience? What are my chances of getting a work permit after school?

To the best of my knowledge, you need work experience to qualify for any immigration program. But I may be mistaken.

If you want to work after you complete a six months program - you need a full time job offer and approved LMIA to qualify for a closed work permit. It's possible to qualify for an open work permit (post graduate work permit) if you complete schooling in Canada. But the program needs to be a minimum of eight months in length and also meet other requirements. You unfortunately won't get a PGWP with a six month program.

 

[scylla]

I understand now. I thought they would approve a study permit for the 6 month program and I could work while going to school. I do know a person in Canada who would offer me a job but he is small self employed residential painter with only one other employee. Would it be difficult to get approved LMIA in his case?

How would a person qualify under the skilled worker program or is there another program to get myself into Canada to start my life. I have been coming back and forth as a visitor and really want to be able to stay and start a job/life here.

thanks

For an LMIA to be approved, the employer has to prove that no Canadian could be found for the role and advertise the job for at least a month to prove this. I think it will be extremely difficult / impossible to secure an LMIA for a job as a painter. Having said that, if your employer is willing to spend a few thousand dollars to find out - he can certainly try.

Information about Canada's immigration programs can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp

 

[Rkfletch]

Thanks for your help. It is sounding pretty hopeless.

 

[scylla]

Thanks for your help. It is sounding pretty hopeless.

No - not hopeless at all. You just have to change your plans a bit. One option (as I've mentioned) would be to take a full time eight month program at a recognized school. This would allow you to work while you study and also qualify you for a PGWP after you complete your studies.

 

[Rob_TO]

Also if I just complete the 6 month and don't apply for the work permit, would I qualify for the Skilled worker program with my 6 month electrical certificate and no experience? What are my chances of getting a work permit after school?

Realistically speaking you will not be able to apply for PR status with just a 6-month course completed.

Also your friend will most likely not be able to secure you a closed work permit from what you're described, since there are ample Canadians who could be hired instead of you.

Perhaps after finishing the 6-month course, you could then find an employer in that field willing to go through the LMIA process to hire you and try to secure you a closed work permit. Though it really depends on the type of course you're taking and what qualifications you'll have after it's completed.

To be honest, your most realistic shot at immigrating to Canada as PR is if you get married or become common-law with your girlfriend and she sponsors you for PR.

 

[Rkfletch]

Do you think if I switched from 6 month electrical program to 8 month carpentry program, that would help my situation? I could than work and go to school at the same time. Would I qualify as a skilled worker through Express Entry program once I completed school?

Thanks

 

[Rob_TO]

Do you think if I switched from 6 month electrical program to 8 month carpentry program, that would help my situation? I could than work and go to school at the same time. Would I qualify as a skilled worker through Express Entry program once I completed school?

Thanks

You need to complete an Express Entry profile to see how many points you would have. With just an 8-month course completed and no actual work in that field, I highly doubt you would have any chance. You would need to gain more experience in the job field, assuming it qualifies. There are many other steps also (such as getting language and education assessed).

There is a whole section on this site dedicated to Express Entry so you would get better answers there.

 

[Rkfletch]

That's the part I don't understand... how do I get the work experience if I can't get a work permit?

 

[scylla]

That's the part I don't understand... how do I get the work experience if I can't get a work permit?

Having work experience in Canada isn't required to apply for many immigration programs. You can gain the required work experience in your home country.