Urgent Help Needed: PGWP Expiring Soon and Awaiting LMIA Payment Receipt for Work Permit Extension

[MarcFraser]

Hello everyone,

I'm in a time-sensitive situation and would greatly appreciate any advice or insights from those who might have experienced something similar. My Post-Graduation Work Permit (PGWP) is set to expire in less than one week. My employer has initiated an application for a Labour Market Impact Assessment (LMIA) in the permanent residence stream, with a dual intent to secure a work permit extension for me. However, my immigration consultant has informed me that I cannot apply to extend my work permit until I receive the LMIA payment receipt.

From what I've been told, after submitting the LMIA application, it could take anywhere from 24 hours to 3 months to receive the payment link. Only after my employer makes the payment and we obtain the receipt can I use it as proof of payment to submit for the LMIA. My concern is the possibility of not receiving this payment receipt within the next week before my current permit expires.

What should I do if I do not receive the payment receipt within this timeframe? Is there any interim solution or step I should consider to maintain my status legally in Canada? Any guidance, particularly from those who have navigated through similar circumstances, would be immensely helpful.

Thank you in advance for your help!

 

[Naturgrl]

Hello everyone,

I'm in a time-sensitive situation and would greatly appreciate any advice or insights from those who might have experienced something similar. My Post-Graduation Work Permit (PGWP) is set to expire in less than one week. My employer has initiated an application for a Labour Market Impact Assessment (LMIA) in the permanent residence stream, with a dual intent to secure a work permit extension for me. However, my immigration consultant has informed me that I cannot apply to extend my work permit until I receive the LMIA payment receipt.

From what I've been told, after submitting the LMIA application, it could take anywhere from 24 hours to 3 months to receive the payment link. Only after my employer makes the payment and we obtain the receipt can I use it as proof of payment to submit for the LMIA. My concern is the possibility of not receiving this payment receipt within the next week before my current permit expires.

What should I do if I do not receive the payment receipt within this timeframe? Is there any interim solution or step I should consider to maintain my status legally in Canada? Any guidance, particularly from those who have navigated through similar circumstances, would be immensely helpful.

Thank you in advance for your help!

You need an approved LMIA to apply for work permit. Payment receipt of $1k for LMIA doesn’t let you apply for a work permit. Has employer filed for a LMIA?

 

[MarcFraser]

You need an approved LMIA to apply for work permit. Payment receipt of $1k for LMIA doesn’t let you apply for a work permit. Has employer filed for a LMIA?

Thank you for your response. Yes, my employer has indeed applied for an LMIA, but we are currently in the phase of awaiting the email containing the link for payment, as informed by my immigration consultant. I understand the general requirement of needing an approved LMIA to apply for a work permit. However, based on the information provided by Immigration, Refugees and Citizenship Canada (IRCC), there appears to be a provision for cases like mine.

According to the IRCC's official guidelines, it's possible to apply for a work permit without a Labour Market Impact Assessment (LMIA) or a Quebec Acceptance Certificate (CAQ) if your work permit is set to expire within 2 weeks of the application date. The requirements for this application include providing proof of a valid job offer and proof that an LMIA or CAQ request was made. This can be demonstrated by including a copy of the application sent to Service Canada or the Ministère de l’Immigration, de la Francisation et de l’Intégration, or a copy of the receipt confirmation number if the request was made online. Additionally, specific details regarding the LMIA/CAQ request must be indicated in the work permit application.

Here is the link to the IRCC page where this information is detailed: https://www.ircc.canada.ca/english/helpcentre/answer.asp?qnum=701&top=17.

 

[Naturgrl]

Thank you for your response. Yes, my employer has indeed applied for an LMIA, but we are currently in the phase of awaiting the email containing the link for payment, as informed by my immigration consultant. I understand the general requirement of needing an approved LMIA to apply for a work permit. However, based on the information provided by Immigration, Refugees and Citizenship Canada (IRCC), there appears to be a provision for cases like mine.

According to the IRCC's official guidelines, it's possible to apply for a work permit without a Labour Market Impact Assessment (LMIA) or a Quebec Acceptance Certificate (CAQ) if your work permit is set to expire within 2 weeks of the application date. The requirements for this application include providing proof of a valid job offer and proof that an LMIA or CAQ request was made. This can be demonstrated by including a copy of the application sent to Service Canada or the Ministère de l’Immigration, de la Francisation et de l’Intégration, or a copy of the receipt confirmation number if the request was made online. Additionally, specific details regarding the LMIA/CAQ request must be indicated in the work permit application.

Here is the link to the IRCC page where this information is detailed: https://www.ircc.canada.ca/english/helpcentre/answer.asp?qnum=701&top=17.

Did your employer pay $1k fee? Isn’t the link for people on work permits with LMIA, and LMIA has expired so company needs to apply for new LMIA but worker can extend work permit? Others can weigh in but you have 60 days. So as long as it happens within 90 days of expiry you should be okay. You restore work permit.

 

[MarcFraser]

Did your employer pay $1k fee? Isn’t the link for people on work permits with LMIA, and LMIA has expired so company needs to apply for new LMIA but worker can extend work permit? Others can weigh in but you have 60 days. So as long as it happens within 90 days of expiry you should be okay. You restore work permit.

Thank you for your insights. Regarding the $1k fee for the LMIA, my employer is ready to make the payment; however, as per my consultant, the process to receive the payment link from ESDC can vary significantly, ranging from 24 hours up to 3 months. We are currently in this waiting phase.

You're correct, the provision I referred to does indeed apply to situations where an individual already holds a work permit under an LMIA, and the LMIA has expired, requiring the company to apply for a new one. In such cases, the worker may be eligible to extend their work permit.

Given this, and considering my current situation where the PGWP is nearing its expiration, I'm contemplating whether it would be best to cease working immediately upon expiration and then apply for a work permit restoration once I have the necessary proof of LMIA application from my employer.

The application guidelines do state that one should ideally wait for the LMIA before submitting a work permit application. However, they also mention that if your employer has applied for an LMIA and you haven't received the decision yet, you could be eligible to submit proof of submission from your employer to ESDC, especially if your status is expiring in the next two weeks. I've indicated my intention to proceed with this route in my application, acknowledging the urgency due to the impending expiry of my PGWP.

Could you, or anyone else here, advise on whether it's permissible to continue working after the PGWP expires, provided that I submit my work permit application based on the submission proof before the PGWP's expiry? Or would it be more prudent to stop working and then apply for restoration once I receive the proof of payment for the LMIA fees?

 

[Hoangpham3348]

Thank you for your insights. Regarding the $1k fee for the LMIA, my employer is ready to make the payment; however, as per my consultant, the process to receive the payment link from ESDC can vary significantly, ranging from 24 hours up to 3 months. We are currently in this waiting phase.

You're correct, the provision I referred to does indeed apply to situations where an individual already holds a work permit under an LMIA, and the LMIA has expired, requiring the company to apply for a new one. In such cases, the worker may be eligible to extend their work permit.

Given this, and considering my current situation where the PGWP is nearing its expiration, I'm contemplating whether it would be best to cease working immediately upon expiration and then apply for a work permit restoration once I have the necessary proof of LMIA application from my employer.

The application guidelines do state that one should ideally wait for the LMIA before submitting a work permit application. However, they also mention that if your employer has applied for an LMIA and you haven't received the decision yet, you could be eligible to submit proof of submission from your employer to ESDC, especially if your status is expiring in the next two weeks. I've indicated my intention to proceed with this route in my application, acknowledging the urgency due to the impending expiry of my PGWP.

Could you, or anyone else here, advise on whether it's permissible to continue working after the PGWP expires, provided that I submit my work permit application based on the submission proof before the PGWP's expiry? Or would it be more prudent to stop working and then apply for restoration once I receive the proof of payment for the LMIA fees?

I am in a similar case. My PGWP expired Feb 10. But my lawyer got the receipt AFTER she applied to extend my work permit. She mentioned that as long as I land myself in implied status regardless of situation I can keep working until the final decision. Then she provided the receipt just about 2 weeks later after my application. Now I am currently waiting for the final decision for the extension AND my LMIA application is still under Queue For Assessment.

 

[Hangp123]

I am in a similar case. My PGWP expired Feb 10. But my lawyer got the receipt AFTER she applied to extend my work permit. She mentioned that as long as I land myself in implied status regardless of situation I can keep working until the final decision. Then she provided the receipt just about 2 weeks later after my application. Now I am currently waiting for the final decision for the extension AND my LMIA application is still under Queue For Assessment.

Hi Hoang, how long did you receive email for making payment from LMIA online portal?