URGENT - Can I apply for work permit while waiting for LMIA?

[sourpatch_blue]

Hello! I'm an international student and my study permit is ending in January. I've received my diploma on October 15th and since validity expires 90 days after I received it, my current status is ending by January 13th. A company has already started the paperwork process and they're filing for LMIA soon. The immigration firm wasted almost two months doing nothing with my application. I was a little stressed because my current permit is expiring soon. I wanted to know if I can submit an application for a work permit with proof of LMIA and CAQ request attached to it so I can maintain my status in Canada. I looked into this: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17 but it only mentions work permit extension. It's fine if I don't get to work until it's approved, but I'd like to stay in Canada until then.

Also, Quebec has a "Simplified LMIA" process, where if I fit in the list of qualified occupations, the minimum advertisement condition is waived off. I suggested that to my firm since my position is in that list of occupations, but he said I've to be a resident of Quebec prior to the application and I'm not eligible for it because currently, I'm living in BC. I didn't see that condition on any of the immigration pages but I still needed to confirm that.

Any advice or suggestions are welcome! Thank you!

 

[Naturgrl]

Hello! I'm an international student and my study permit is ending in January. I've received my diploma on October 15th and since validity expires 90 days after I received it, my current status is ending by January 13th. A company has already started the paperwork process and they're filing for LMIA soon. The immigration firm wasted almost two months doing nothing with my application. I was a little stressed because my current permit is expiring soon. I wanted to know if I can submit an application for a work permit with proof of LMIA and CAQ request attached to it so I can maintain my status in Canada. I looked into this: https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17 but it only mentions work permit extension. It's fine if I don't get to work until it's approved, but I'd like to stay in Canada until then.

Also, Quebec has a "Simplified LMIA" process, where if I fit in the list of qualified occupations, the minimum advertisement condition is waived off. I suggested that to my firm since my position is in that list of occupations, but he said I've to be a resident of Quebec prior to the application and I'm not eligible for it because currently, I'm living in BC. I didn't see that condition on any of the immigration pages but I still needed to confirm that.

Any advice or suggestions are welcome! Thank you!

Are you not eligible for a PGWP? You can't get a work permit with proof of LMIA. Your employer needs the approved LMIA and then you apply for the closed work permit. Start the process to change your status to visitor and stop working on January 13. The link is for Quebec. As you said you need to be living in Quebec with work permit and CAQ (not request) to be eligible for exemption.

Hiring in the province of Quebec - Canada.ca

 

[sourpatch_blue]

Are you not eligible for a PGWP? You can't get a work permit with proof of LMIA. Your employer needs the approved LMIA and then you apply for the closed work permit. Start the process to change your status to visitor and stop working on January 13. The link is for Quebec. As you said you need to be living in Quebec with work permit and CAQ (not request) to be eligible for exemption.

Hiring in the province of Quebec - Canada.ca

Hello, thank you for your reply! I'm not eligible for the PGWP because I'm in a private DLI institute. For PGWP it has to be a public institution or a Private DLI with degree courses. The link I posted above allows you to submit approved LMIA within 60 days of application to be processed further. But I assume that's only valid exclusively for work permit extensions and not for initial work permit applications.

 

[scylla]

Hello, thank you for your reply! I'm not eligible for the PGWP because I'm in a private DLI institute. For PGWP it has to be a public institution or a Private DLI with degree courses. The link I posted above allows you to submit approved LMIA within 60 days of application to be processed further. But I assume that's only valid exclusively for work permit extensions and not for initial work permit applications.

The policy you've quoted is only for work permit extensions.

 

[scylla]

Hello, thank you for your reply! I'm not eligible for the PGWP because I'm in a private DLI institute. For PGWP it has to be a public institution or a Private DLI with degree courses. The link I posted above allows you to submit approved LMIA within 60 days of application to be processed further. But I assume that's only valid exclusively for work permit extensions and not for initial work permit applications.

BTW - you may want to consider applying to change your status to visitor. That way you can keep your status in Canada valid without worrying about how soon the work permit application can be submitted.

 

[sourpatch_blue]

BTW - you may want to consider applying to change your status to visitor. That way you can keep your status in Canada valid without worrying about how soon the work permit application can be submitted.

Thank you! I'll get on it asap!

 

[Naturgrl]

Thank you! I'll get on it asap!

LMIA can take months to process and then you apply for a closed work permit. Processing just for the work permit is around 4 months.

 

[sourpatch_blue]

Are you not eligible for a PGWP? You can't get a work permit with proof of LMIA. Your employer needs the approved LMIA and then you apply for the closed work permit. Start the process to change your status to visitor and stop working on January 13. The link is for Quebec. As you said you need to be living in Quebec with work permit and CAQ (not request) to be eligible for exemption.

Hiring in the province of Quebec - Canada.ca

Oh btw I checked the website you linked here and the "Facilitated LMIA/ Simplified LMIA" doesn't state that I've to be a resident in Quebec or being a resident at all being an issue anywhere.