PGWP EXPIRE SOON BUT NO LMIA, WHAT OPTIONS DO I HAVE ---- Please Help

[Umli3]

I am in a challenge situation now, really need some suggestions, please help! I have a PGWP, good for three years. Unfortunately right before I graduated I was got involved in a Pedestrian Motor vehicle accident ( I was the pedestrian :'( :'( ). It took me a while to recover from the injuries and get employment.

I started working full time on this Feb, but my PGWP will expire by the end of May. I understand I need to work until August to be eligible for applying MPNP. My employer is willing to provide the job offer letter and help me with the PR application, but it is challenge for them to apply the LMIA.

I wish I could find this job a bit earlier, is there any way could get me more time? Is there anything else I can do ? If my work permit extension be refused, can I apply visitor visa ? And need to maintain my status in order to keep my PR application, if I have to switch to visitor Visa does that mean I lost the eligibility to apply PR?

I understand the circumstance is rough. Please help, I truely appreciate . :'( :'(

 

[Gregor.Samsa]

You cannot apply for an extension of PGWP.

You can apply anytime for visitor status.
If could affect your PR application or not depending of which kind of PR are you applying for.

If you apply for WP extension in April/May if will took more than 100 days to be rejected, in the meantime you'll be under Implied Status being allowed to work but I don't know if this work time could be valid for MPNP.

Anyways it's a long shot.

If you do it, also apply for visitor status BEFORE get a rejection.

You could find more difficult to get visitor status after WP rejection (restoration period).


Your best option is to get a LMIA for your current employer or a new one.

Look for different PNP/PR options.

Perhaps you can apply to IEC, I'm not sure if you can do it:
http://www.cic.gc.ca/english/work/iec/

 

[Umli3]

Thank you so much for all the instructions. It is really helpful, appreciate it !!

Regarding to the timing, if the work permit expires on May 21, so I should submit the new work permit application at least 30days before ? I am trying to see is there any possibility that can get me more time so I could apply MPNP and have the work permit support letter. But kind of doubt it will work out.

Just tried the IEC unfortunately China doesn't fit in the category. :'(

 

[Gregor.Samsa]

Thank you so much for all the instructions. It is really helpful, appreciate it !!

Regarding to the timing, if the work permit expires on May 21, so I should submit the new work permit application at least 30days before ? I am trying to see is there any possibility that can get me more time so I could apply MPNP and have the work permit support letter. But kind of doubt it will work out.

Just tried the IEC unfortunately China doesn't fit in the category. :'(

Well, a WP extension should be applied between 1 to 4 months before current WP expires, I know the application will be rejected if applying before 4 months, but I'm not sure about apply a couple weeks before WP expires.

If you apply on April 20, you can expect an answer around July - August.

Here says you can apply before WP expires, but don't say how much:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=185&top=17

I think you can apply a few days/ one week before current WP expires, but better confirm it.

Currently online application take 144 days, paper around 100, so go online (check it on CIC processing times site before apply).

Anyways if you're applying for a WP extension without meeting requirements, application will be rejected.

If you're able to get Invitation or even apply for PNP or PR or even planning to do it you should request BOWP based on it, attaching any documents you have and a letter of explanation with a clear explanation; it's a long shot but sometimes an applicant get requirements meets when Visa Officer open the BOWP application (them will check it using your Client Number)

I applied for BOWP on December and no answer yet, so I'm assuming you can get 2-3 months of implied status after WP expires, art least.

I don't know about MPNP, I recommend to erythromycin all the provinces and territories PNP, and create a EE profile immediately, perhaps you can get a job offer through EE JOB Bank, it's not easy but you should try.

Try everything, including look for a new job and ask your current employer for LMIA, if money it's a problem for he company try to negotiate it.

It's paramount don't lose status in Canada, so if nothing works apply for visitor status on time to be sure to get some additional time to try to stay here.

Good luck

 

[Umli3]

A million thanks to Gregor.Samsa for the detail instruction.

" it's a long shot but sometimes an applicant get requirements meets when Visa Officer open the BOWP application (them will check it using your Client Number)"

Does that mean I could add document after I submit the application while waiting for it to be processed (ie: the work permit support letter ) and the application could meet the requirement before the CIC officer open it.

I appreciate this Blog which provides a place for sharing experience which could be significant for others. Thanks a lot guys

 

[Gregor.Samsa]

" it's a long shot but sometimes an applicant get requirements meets when Visa Officer open the BOWP application (them will check it using your Client Number)"

Does that mean I could add document after I submit the application while waiting for it to be processed (ie: the work permit support letter ) and the application could meet the requirement before the CIC officer open it.

I don't know if you can submit new documents after BOWP application, I guess it's possible but I don't know if can be accepted.

I was talking about this usual case:
- A EE PR applicant whose eligibility is not yet passed but he applied to BOWP hoping eligibility will be passed when VO opens the application.

As said looks like you won't meet BOWP requirements but it's worthy to try

 

[Umli3]

Thank you !! And, yes I will definitely give a try as much as I can.

Also wonder if I receive the LAA , then hopefully I will be albe to get the work permit support letter ?

For the worst case that work permit extension got refused, I switch to visitor visa and need to stop working. Will that affect my PR Application ?

 

[Gregor.Samsa]

Thank you !! And, yes I will definitely give a try as much as I can.

Also wonder if I receive the LAA , then hopefully I will be albe to get the work permit support letter ?

For the worst case that work permit extension got refused, I switch to visitor visa and need to stop working. Will that affect my PR Application ?

LAA? Do you mean LMIA?
If you get LMIA you can get a WP, however I don't know if the 4 years limit for Temporary workers will apply for the time expent as PGWP.

When BOWP is refused you have some time to apply for Status Restoration, but it's up to VO discretion, so could be rejected as well.

I think you'll have more options to get visitor status if applying before being rejected, but I'm not at expert in this area.

Visitor status could affect your PR application depending of what class of PR are you applying for.

 

[Umli3]

Thxks again!!

I understand it is better to apply the visitor Visa t before the WP extension got refused, but got A bit confused about the timing.

PGWP , expires in may 21
Will send extension application by April 20,
if the processing time takes at least 3 months, i can keep working until Aug 20 Hopefully.

I hope I could keep working until August, but if the visitor visa got granted i will need to stop working right away ? At this point , When I should send out the visitor visa application.

Confused.....

 

[Gregor.Samsa]

Thxks again!!

I understand it is better to apply the visitor Visa t before the WP extension got refused, but got A bit confused about the timing.

PGWP , expires in may 21
Will send extension application by April 20,
if the processing time takes at least 3 months, i can keep working until Aug 20 Hopefully.

I hope I could keep working until August, but if the visitor visa got granted i will need to stop working right away ? At this point , When I should send out the visitor visa application.

Confused.....

Yes, if you get Visitor status before BOWP granted, you should stop to work immediately.

I'm not too sure, better find professional advise or call CIC, but consider:

-May 20, PGWP expires
-May 10, BOWP application (if 1 month before WP expires it's only a recommendation, need to be confirmed)
-Hopefully you don't get refused until August-September.
-Apply for visitor status while on implied status before rejection, when? Hard to say, few days before/after you get the minimum working time requested by MPNP (be sure to confirm days/hours worked matches, ask on PNP forum)

Anyways you can wait until BOWP rejection to request visitor status while in "Restoration Period", but it's not guarantee Visitor status will be granted.

 

[Srini88]

Hi I am in a similar scenario

PGWP expired :dec 21 2015
applied for LMIAct 2015
applied for restoration : jan 17 2016
Lmia got rejected on :Feb 29 2016

i was wondering whether my status is restored as worker or should i apply for visitor visa

note:i got eligibility in express entry...waiting for invitation...please suggest me what to do nxt....

 

[Gregor.Samsa]

Hi I am in a similar scenario

PGWP expired :dec 21 2015
applied for LMIAct 2015
applied for restoration : jan 17 2016
Lmia got rejected on :Feb 29 2016

i was wondering whether my status is restored as worker or should i apply for visitor visa

note:i got eligibility in express entry...waiting for invitation...please suggest me what to do nxt....

Currently you're waiting for Status Restoration, I don't think you'll get worker status.

I don't know too much about Status Restoration.

I guess you did applied for Status Restoration as worker based on LMIA but was rejected, if so you can expect restoration rejection.

I recommend you to re-apply for Status Restoration within 90 DAYS (you have some time) after PGWP expiration, asking for VISITOR STATUS.

With provided information you have not grounds for worker restoration.


In the meantime try to get a job with LMIA (or LMIA exempt if you meet requirements) and try to improve your EE score (how many points do you have now?)

Look for PNP, like Ontario or others.
If you speak French Ontario French stream could help.


My recommendation is always avoid Restoration Period, you should details status before WP expires, even as visitor, before to get out of status, because restoration is up to visa officer

 

[Srini88]

how can i cancel my previous restoration as worker application..i had done it through paper....

what are d requirements need to apply as restoration as visitor

i had 441 score in total in express entry.....planing to write ielts again dis weekend to improve d score

i am more worried about to get some status and time to stay here...please help me

 

[Gregor.Samsa]

how can i cancel my previous restoration as worker application..i had done it through paper....

what are d requirements need to apply as restoration as visitor

i had 441 score in total in express entry.....planing to write ielts again dis weekend to improve d score

i am more worried about to get some status and time to stay here...please help me

I don't know if you can send a second ROS without withdraw the firts one, but I'll dare to say is better firts send the new ROS (within Restoration Period) and later withdraw the first one. (Don't withdraw if you're second application is sent after period expires, be careful).

Anyways note that I don't know too much about Status Restoration, so better get more advise.

You can write a Letter of Withdrawal, providing your personal details and client number, and clearly explaining which application you want to withdraw.

If you applied paper based I guess you should send the letter to the same address, or send a email to the CIC Centre is processing your application, better call CIC and ask about it.

If you're re-applying paper based again I guess you can include this letter of withdrawal whith your new application.

I don't know the requirements to apply a as visitor, check this forum, CIC website and/or call CIC.


Looks like your EE score isn't too bad, try to improve it with IETLS, ECAS or even French test (if you knows a bit), but you're right, your immediate priority is to stay here legally.

Hope for the best and be ready for the worse, try to know how much time do you have to leave Canada if your ROS is rejected, and be ready to left your business here properly closed (definitely or temporarily, if you could come back as visitor, worker or PR in shorter time)

For your score, check Ontario PNP, if you meet requirements you can get ITA for Ontario. Looks for information in this forum and OINP.

 

[Umli3]

" My recommendation is always avoid Restoration Period, you should details status before WP expires, even as visitor, before to get out of status, because restoration is up to visa officer."

Thanks for all the infor for my previous post. I am a bit confused about switching to visitor visa . My work permit expired and I did submit the extension application before that, now I am under the implied status until the decision made. Without a LMIA it is most likely my application will be refused. so For applying / switching to visitor visa under the implied status, should I apply to extend my stay or restoration of status ? I am quite confused.