PGWP and common-law PR application

[lylaxh]

Hi everyone,

I'm going to apply for PR next year and just would like to make sure my understanding is correct beforehand.

I'm a full-time student at an university in BC and am planning to apply for a PGWP after I graduate next year. While working on my PGWP, I will do my family class PR application with my common-law partner. My question is, as I'm aware that PGWP seems to be non-extendable (or am I wrong?), I can only continue to work in Canada: (1) by asking my employer to apply for a LMO or (2) by submitting an application for another Open Work Permit with my PR application. Is that right?

Thanks so much for your time. I appreciate any though you have on this topic.

 

[Harju]

How long was your degree program? A PGWP is generally for 3 years or for as long as the program if the program was less than 2 years. The PGWP is non-extendable but if it expires and you have filed an inland application with a OWP application before expiration you will have implied status until a decision is made on the OWP. With an outland application you could go the LMO route but you have to get the LMO and file a work permit application before the PGWP expires.

 

[computergeek]

On the flip side of this, you may find that the 10 months it takes to get AIP (which is when they issue your OWP) may be longer than the time to process your PR application via the outland process.

For example, if your office is London, the total process (for PR) takes 10.5 months, while the inland sponsorship requires 10 months just to get that work permit. For the 2 week difference, it's not worth it

Also, there's a trick you can play that - right now - would buy you 3 MONTHS. Just apply for a work permit extension without an LMO - do it the day before your current permit expires and do it via the slowest route possible. Right now that would buy you just shy of 3 months before they refused your WP, but you get implied status until you get the refusal letter.

There are two other reasons people file outland rather than inland: (1) you get a right of appeal with outland you do not get with inland; (2) you can leave Canada without jeopardizing your PR application.

Good luck!

 

[lylaxh]

Thanks, Harju and computergeek, for your kind replies. I'm just wondering if I will really have the implied status given my permit is not extendable as I have seen contradictory views on that topic.

My visa office is in HK which takes 17 months for the second stage (!!!), so in fact I guess inland and outland would be about the same time. I'm just thinking about applying through inland as I suppose since my PGWP would be 3 years, I can wait until the OWP that would be issued to inland applicants, but I'm not exactly sure if my understanding is correct?

 

[computergeek]

My visa office is in HK which takes 17 months for the second stage (!!!), so in fact I guess inland and outland would be about the same time. I'm just thinking about applying through inland as I suppose since my PGWP would be 3 years, I can wait until the OWP that would be issued to inland applicants, but I'm not exactly sure if my understanding is correct?

That is why the answer is complicated. With 17 month processing time, then inland does make sense. You can submit the OWP application with your inland PR application and you will remain eligible to continue working on the "implied status".

Good luck!