Post-Graduate Work Permit Expiring while CEC is in process

[shells]

Hi,

I apologize if this question has been asked before, as I have been seeking answers to no avail (been given lots of confusing answers by different people).

First of all, I'm currently working in Canada under the Post-Graduate Work Permit. It expires in February 2013.

However, I have also applied for Canadian Experience Visa (got an email saying it's under process) in early September.

Now, I read this CEC Factsheet on CIC (cic.gc.ca/english/resources/publications/employers/canadian-experience-class.asp) - a paragraph says, "The program has streamlined application requirements and a high acceptance rate. Currently, a case is processed in about 14 months. CEC applicants can keep working in Canada while their application for permanent residence is processed, which means that employers can keep benefiting from this supply of skilled talent."


I'm so confused now. What are the steps I need to take in order to make sure I can stay on (and continue working for my employer) or even renew my SIN Card?

I have already sent an online application for In-Canada Temporary Resident (for Work Permit) which processing time will take approximately 67 days. Did I even need to do this in the first place, or am I missing something?

I would appreciate if someone can point me in the right direction.

Jasmine

 

[mhm4589]

Hi,

I apologize if this question has been asked before, as I have been seeking answers to no avail (been given lots of confusing answers by different people).

First of all, I'm currently working in Canada under the Post-Graduate Work Permit. It expires in February 2013.

However, I have also applied for Canadian Experience Visa (got an email saying it's under process) in early September.

Now, I read this CEC Factsheet on CIC (cic.gc.ca/english/resources/publications/employers/canadian-experience-class.asp) - a paragraph says, "The program has streamlined application requirements and a high acceptance rate. Currently, a case is processed in about 14 months. CEC applicants can keep working in Canada while their application for permanent residence is processed, which means that employers can keep benefiting from this supply of skilled talent."


I'm so confused now. What are the steps I need to take in order to make sure I can stay on (and continue working for my employer) or even renew my SIN Card?

I have already sent an online application for In-Canada Temporary Resident (for Work Permit) which processing time will take approximately 67 days. Did I even need to do this in the first place, or am I missing something?

I would appreciate if someone can point me in the right direction.

Jasmine

Your SIN will be in implied status once it expires in Feb '13 during your PR process. I assume you have applied for the regular work permit then you are fine to continue to work.

 

[bahadur30]

Can one apply extension of WP for the same employer with out an LMO>

We need an expert comment on the aforsaid paragraph. Does that mean one can keep working in Canada if CEC application is in process....and WP gets expired a bit early ..

 

[Red and Black]

Hi,

I apologize if this question has been asked before, as I have been seeking answers to no avail (been given lots of confusing answers by different people).

First of all, I'm currently working in Canada under the Post-Graduate Work Permit. It expires in February 2013.

However, I have also applied for Canadian Experience Visa (got an email saying it's under process) in early September.

Now, I read this CEC Factsheet on CIC (cic.gc.ca/english/resources/publications/employers/canadian-experience-class.asp) - a paragraph says, "The program has streamlined application requirements and a high acceptance rate. Currently, a case is processed in about 14 months. CEC applicants can keep working in Canada while their application for permanent residence is processed, which means that employers can keep benefiting from this supply of skilled talent."

Interesting. From the looks of it, it seems that one can continue working even if their PGWP expires, as long as their CEC application is in process. That page was updated on Oct 1, 2012. So perhaps its a recent and a much needed change in the CEC process. I might be wrong in my interpretation so its best if someone more experienced replies to it.

I'm so confused now. What are the steps I need to take in order to make sure I can stay on (and continue working for my employer) or even renew my SIN Card?

I have already sent an online application for In-Canada Temporary Resident (for Work Permit) which processing time will take approximately 67 days. Did I even need to do this in the first place, or am I missing something?

You cannot apply for a WP after your PGWP unless you have received a favourable LMO beforehand (for which your employer needs to apply for you).

I would appreciate if someone can point me in the right direction.

Jasmine

 

[OHKIDDA]

wow. this is BIG news if our interpretations are correct. i'm going to send out my work permit extension as my pgwp soon. i've already applied for an LMO about a month back.

the fact sheet also states the "...temporary foreign workers can make the transition to permanent residence on their own merit, without the need for any supporting documents from their employers." Yet, on the document checklist, it still requires reference letters from employers. faakking stupid. they likely mean the employer doesn't have to file anything. but still, what a poorly worded piece of sh8 fact sheet. more like misleading information sheet.

 

[bahadur30]

I just talked to my lawyer and she just responded. We all are interpreting it wrongly. We still need to apply for WP / WP extension if it expires even CEC is in process.

Bad though :-(

 

[kushari]

You are on implied status until you get your temporary resident visa / get rejected.

 

[shells]

I have applied for an extension of work permit (got the wrong impression from the agent).

My current employer is not willing to apply for LMO for me.. but my ex-boss wants me back to work for him (and from what I understand, he's willing to get an LMO for me). If I have absolutely no solution, then I will quit my current job to go back to him.

The fact sheet is very, very misleading.. having to apply for LMO by the employer completely defeats the meaning of those 2 sentences, "CEC applicants can keep working in Canada while their application for permanent residence is processed." and "Temporary foreign workers and recent international graduates can make the transition to permanent status on their own merit, without the need for any supporting documents from their employers."

Why do they even write that when you STILL NEED AN LMO from the employer, while the CEC is under process? I just don't get it.

Besides the fact sheet, you can also see the same thing here:
cic.gc.ca/english/pdf/pub/cec-eng.pdf
cic.gc.ca/english/hire/cec.asp

 

[kushari]

From my understanding you just need to have legal status in Canada.

 

[bahadur30]

What do you mean by legal status? Does Visitor Status will work? Will it allow you to work for the same employer when CEC app is in process?

 

[bahadur30]

Just to answer - I dont think so. you have to have WP and that too valid one.

 

[kushari]

Being valid just means you have to be allowed to stay in Canada. As in temporary resident visa, pr, work permit, study permit. Anything that allows you to legally be in Canada.

 

[yorkshirelass]

Hi

I'm in the same situation. Post-Graduation Work Permit expiring next year. I have to wait for January to send in my Canadian Experience Class Application as then I will have 1 years work experience. I couldn't extend the Post-Grad work permit, and now have to attempt to get LMO for a normal work permit, which sucks because I highly doubt my employer will get a positive LMO.

Was told by CIC agent that no implied status because the new work permit (not a Post-Grad one) and the permanent residency application are both different categories. My understanding is that if you are simply extending or changing circumstances for the same kind of visa/permit, then you get implied status.

I am resolved to the fact I will likely send my application in January and leave back to UK a few months later when Post-Graduation permit runs out. I will have to leave the home I have worked hard to build with my Canadian partner, and just wait overseas for potentially a year while the application is processed.

I cannot see any other way. If anybody can see one, let me know!

You aren't alone in trying to deal with this!!

E.

 

[OHKIDDA]

Hi

I'm in the same situation. Post-Graduation Work Permit expiring next year. I have to wait for January to send in my Canadian Experience Class Application as then I will have 1 years work experience. I couldn't extend the Post-Grad work permit, and now have to attempt to get LMO for a normal work permit, which sucks because I highly doubt my employer will get a positive LMO.

Was told by CIC agent that no implied status because the new work permit (not a Post-Grad one) and the permanent residency application are both different categories. My understanding is that if you are simply extending or changing circumstances for the same kind of visa/permit, then you get implied status.

I am resolved to the fact I will likely send my application in January and leave back to UK a few months later when Post-Graduation permit runs out. I will have to leave the home I have worked hard to build with my Canadian partner, and just wait overseas for potentially a year while the application is processed.

I cannot see any other way. If anybody can see one, let me know!

You aren't alone in trying to deal with this!!

E.

What gives you implied status isn't your application for permanent residency. It is that you currently have a work permit. This only holds true provided you apply for an LMO before your work permit expires, and also apply for a closed work permit before your PGWP expires.
So, if you keep working for the same employer while holding a valid work permit, you can get implied status provided the above conditions hold.
When CIC says "different categories" it means study vs work permit. Or, as the agent said, work permit vs permanent residence status.

 

[shells]

Hi

I'm in the same situation. Post-Graduation Work Permit expiring next year. I have to wait for January to send in my Canadian Experience Class Application as then I will have 1 years work experience. I couldn't extend the Post-Grad work permit, and now have to attempt to get LMO for a normal work permit, which sucks because I highly doubt my employer will get a positive LMO.

Was told by CIC agent that no implied status because the new work permit (not a Post-Grad one) and the permanent residency application are both different categories. My understanding is that if you are simply extending or changing circumstances for the same kind of visa/permit, then you get implied status.

I am resolved to the fact I will likely send my application in January and leave back to UK a few months later when Post-Graduation permit runs out. I will have to leave the home I have worked hard to build with my Canadian partner, and just wait overseas for potentially a year while the application is processed.

I cannot see any other way. If anybody can see one, let me know!

You aren't alone in trying to deal with this!!

E.

Hi E,

Thanks for letting me know I'm not alone in this, you made me feel better already.. this is just driving me crazy. I've called the agents again (my 3rd time calling them this week), and this time a much nicer lady spoke to me. She said that most people typically just go home to wait until their CEC gets approved (if you apply for a work permit - it needs to be a brand new one, and not an extension work permit) + LMO too.

I think I'm alot more clear in my directions now.. I applied last August (and got an AOR in September 4th) - so keeping my fingers crossed, I should get approval around next September. I will try for the LMO thing, but if I can't get positive LMO, then I'd just have to suck it up, go back home and come back later. Or, I can apply for a Temporary Resident Visa extension (my country is a "temporary resident visa exempted country" so I've never applied for that before.. but theoretically, I've been here since 2008 (on student visa). So, I don't even know where I fall in?? It would not be an "extension", coz I have never applied for it before.. wouldn't it? God.. is this ever confusing??

I don't want to leave my fiance and go home either. It will be tough.


E, some words for you (and this is just based on my own experience). Start trying to fill out your forms first (and ask for your reference letters from the employers you've worked with in the past). One company took almost 3.5 months to get back to me with just one simple letter, I had to bug and bug them for it. It was not fun.