Wanting to continue working with same employer after IEC visa expires.

[EddieTNZ]

Intention:

What are the ways in which I can continue to work in BC with my current employer after my IEC OWP expires?

Situation:

My visa expires in mid March 2014.
My NOC id is 1123.
I have a girlfriend, and she is eligible to sponsor me
My company would fight to keep me

Thanks

 

[zardoz]

Intention:

What are the ways in which I can continue to work in BC with my current employer after my IEC OWP expires?

Situation:

My visa expires in mid March 2014.
My NOC id is 1123.
I have a girlfriend, and she is eligible to sponsor me
My company would fight to keep me

Thanks

Your employer would have to apply for a LMO for the position. If granted, you can switch to a closed work permit.
You claim that your girlfriend is eligible to sponsor you. Does your relationship meet the CIC definition of common-law?
Don't make the mistake of assuming that an IEC work permit will benefit from implied status if she can sponsor you. It won't.

 

[Leon]

Your employer needs to apply for an LMO and they need to start thinking about this no later than right now. They need to advertise the job as one of the requirements and after the fulfill the requirements and apply, it still takes some time to get it. You can read about the process here: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

If your work permit is about to expire and you have no LMO yet, you need to stop working and apply to change your status to visitor. If you let your work permit expire, you would have to apply to restore your status to visitor, still possible for the first 90 days but more expensive. Once you get the LMO, you can drive to the border, flagpole and get your new work permit instantly.

Your gf can only sponsor you for PR if you have lived together as a couple for 12 months or longer or if you get married. However, it will take time for the sponsorship to get processed so it is no quick fix that will allow you to work in Canada after mid-March.

 

[EddieTNZ]

Thank you both for your replies. Our relationship does meet the definition of common law. But because IEC work permit doesn't benefit from implied status, this is not an option for me.

Q1. Do I also have the option of a applying through PNP? If so, will I be able to continue working after my visa expires in March?

Q2. Regarding my employer sponsoring me and applying for an LMO, is there still time for this given my visa expires in March? I don't want to stop working for this company

 

[Leon]

You can absolutely look into PNP, see http://www.welcomebc.ca/Immigrate/About-the-BC-PNP/Skills-Immigration/Skilled-Worker.aspx You should apply for both PNP and LMO right now in case one fails. Neither of them is guaranteed to be granted before March but the LMO is likely to take less time than the PNP nomination. If the LMO is denied but you get the PNP nomination, you get a letter from BC PNP which allows you to apply for a work permit without an LMO being needed.

 

[ban8]

Hi,

I am curious to know if NOC code 1123 can apply for PNP (or even an LMO) considering it's not in the matrix?
Any help is greatly appreciated. Thanks!

 

[Leon]

Hi,

I am curious to know if NOC code 1123 can apply for PNP (or even an LMO) considering it's not in the matrix?
Any help is greatly appreciated. Thanks!

1123 is in the matrix, see http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/Occupations.aspx?val=1 Every job that has a NOC code is in the matrix. You might have meant to say that 1123 is not on the list for FSW. The list for FSW is only for positions that can apply without a job offer. With a job offer, you can still apply under 1123 under FSW or PNP.

You can apply for an LMO for any job.

 

[ban8]

THANK YOU LEON! I would give you a zillion hugs if I could. I was tossing and turning in bed unable to sleep.

I am not sure why I was so silly to overlook this. I love my job and would hate to quit to just find a job that would fit a Noc code. Thanks again Leon!