What to do if open work permit ends in October and I will be eligible to apply to CEC in October?

[Anvatrix]

Hi,

I would love to receive your kind piece of advice as to my current situation:

I have started my current work in October 2016 with an open work permit. It expires in October this year (October 2017). I tried to apply to Express Entry (CEC) but I receive a message saying that I am not eligible. I believe the reason I am not eligible yet is that I haven't accumulated 12 months of full time work. Today is July 2017, I still need 2 more months August and September to accumulate 12 months of full time work in October 2017.

To me, the situation looks absurd: by the time I will accumulate 12 month of full time work and hence will be eligible to apply to Express Entry (CEC), my open work visa will be coming to expiration.

Questions:
1. What should I do in this situation?

2. Has anybody in this forum gone through a similar problem?

3. And what is the solution?

4. What can I do now?

I know that one would need to apply to Bridging of Open Work Permit, but again in order to do so, one should be eligible and have already applied to Express Entry (CEC). Looks like catch twenty two to me.

Any piece of advice will be most welcome!

Thank you

 

[zardoz]

Nothing that you can do. You can only apply for CEC under Express Entry once you are eligible. Not before.
To qualify to even apply, you must meet the absolute minimum requirements, and you are not even close.
Once your OWP expires, you will either have to stop work, apply for an extension (only if you qualify) or apply for a Closed Work Permit (probably requiring an LMIA).

 

[jes_ON]

Hi,
Well, at least you didn't wait until September 30 to ask the question. Lots of people get one year work permits, and are in the same situation.

I have started my current work in October 2016 with an open work permit. It expires in October this year (October 2017).I tried to apply to Express Entry (CEC) but I receive a message saying that I am not eligible. I believe the reason I am not eligible yet is that I haven't accumulated 12 months of full time work. Today is July 2017, I still need 2 more months August and September to accumulate 12 months of full time work in October 2017.

It would help if you could provide exact dates on when your permit expires and when you complete your work experience. Advice will be different if they're the same day vs. almost a month between them.

I know that one would need to apply to Bridging of Open Work Permit, but again in order to do so, one should be eligible and have already applied to Express Entry (CEC). Looks like catch twenty two to me.

Beyond the BOWP - things you can do include:
1) Ask your employer to apply for an LMIA
2) Find a new employer willing to apply for an LMIA.
3) Explore IEC programs to see if you are eligible -
http://www.cic.gc.ca/english/work/iec/index.asp?country=uk

4) come to terms with the fact that you may have to leave Canada, but you can still apply and perhaps return as a PR. Lots of people have to do it this way.

 

[Anvatrix]

Nothing that you can do. You can only apply for CEC under Express Entry once you are eligible. Not before.
To qualify to even apply, you must meet the absolute minimum requirements, and you are not even close.
Once your OWP expires, you will either have to stop work, apply for an extension (only if you qualify) or apply for a Closed Work Permit (probably requiring an LMIA).

Thank you Zardoz, did you have to go through the same situation?

 

[Anvatrix]

Thank you jes_ON for your reply.

To answer your question: My open work permit started on October 4, 2016 and expires on October 3, 2017. My contract with my current employer got extended for another year full time and I wonder if I can apply to extend my open work permit. I did not find information on Citizenship and Immigration Canada website as to the procedure of extending open work permit.

 

[zardoz]

Thank you jes_ON for your reply.

To answer your question: My open work permit started on October 4, 2016 and expires on October 3, 2017. My contract with my current employer got extended for another year full time and I wonder if I can apply to extend my open work permit. I did not find information on Citizenship and Immigration Canada website as to the procedure of extending open work permit.

It depends on exactly what type of OWP you currently have. If it's an IEC or a PGWP, you can't extend them. You may be eligible for a new IEC however, depending on your circumstances. You only get one PGWP and can't apply for another.

 

[Anvatrix]

It depends on exactly what type of OWP you currently have. If it's an IEC or a PGWP, you can't extend them. You may be eligible for a new IEC however, depending on your circumstances. You only get one PGWP and can't apply for another.

My OWP is PGWP. I am guessing that while waiting for me to become eligible to apply to CEC, I do not have anything than to ask my employer to apply for an LMIA, correct?

 

[jes_ON]

My OWP is PGWP. I am guessing that while waiting for me to become eligible to apply to CEC, I do not have anything than to ask my employer to apply for an LMIA, correct?

No. It is not mandatory to have an LMIA to be eligible for CEC. However, if your employer does obtain the LMIA and you have a job offer for at least one year, that would get you the extra 50 points for a job offer.

As soon as you complete one year of skilled work in Canada, you meet the work requirement for CEC. It is not mandatory that you continue working or living in Canada.

As I stated previously, you can also look into IEC programs to see of you can get another work permit that way.

 

[Anvatrix]

Can an immigration lawyer help to clarify as to what I need to do in my situation?

 

[scylla]

My OWP is PGWP. I am guessing that while waiting for me to become eligible to apply to CEC, I do not have anything than to ask my employer to apply for an LMIA, correct?

If you want to be able to continue working after your PGWP expires, you'll need a closed work permit. To qualify for a closed work permit, your employer will need to obtain an approved LMIA.