When and How to Apply for Extension of OWP ?

[rahul.ahuja]

Hi,

My spouse is a student in Canada and I have a Open Work Permit valid until the end of her studies. (Sep 2020)
How and when should she apply for PGWP for her so that I can also extend my OWP ?

Will both these things be done in parallel ?

 

[scylla]

Hi,

My spouse is a student in Canada and I have a Open Work Permit valid until the end of her studies. (Sep 2020)
How and when should she apply for PGWP for her so that I can also extend my OWP ?

Will both these things be done in parallel ?

She needs to complete her program and then secure a job that is NOC A, B or 0 skill level in order for you to be able to apply to extend your OWP. She will need to include an employment letter and three pay slips with your OWP application in order for it to be approved. You can apply to extend the OWP as soon as she has completed her program and has a job that qualifies.

 

[rahul.ahuja]

She needs to complete her program and then secure a job that is NOC A, B or 0 skill level in order for you to be able to apply to extend your OWP. She will need to include an employment letter and three pay slips with your OWP application in order for it to be approved. You can apply to extend the OWP as soon as she has completed her program and has a job that qualifies.

I was under this assumption that she will be eligible for PGWP irrespective of the what kind of job she finds.
She will definitely try to find a job in NOC A, B or 0 but, I do not want to break my ongoing work/job. What is the solution for this ?

 

[scylla]

I was under this assumption that she will be eligible for PGWP irrespective of the what kind of job she finds.
She will definitely try to find a job in NOC A, B or 0 but, I do not want to break my ongoing work/job. What is the solution for this ?

She is eligible for a PGWP regardless of what kind of job she finds.

However the same is not true of you and your OWP. Again, for your OWP to be extended, she needs to find and start an NOC A, B or 0 job before your OWP expires. Otherwise you won't qualify for an extension.

If she cannot find a suitable job in time, then the solution is for you to convert your status to visitor and stop working - or have your employer obtain an approved LMIA so that you can switch over to a closed work permit (note the LMIA process typically takes 4-6 months to complete and is a lot of work for the employer)

 

[rahul.ahuja]

She is eligible for a PGWP regardless of what kind of job she finds.

However the same is not true of you and your OWP. Again, for your OWP to be extended, she needs to find and start an NOC A, B or 0 job before your OWP expires. Otherwise you won't qualify for an extension.

If she cannot find a suitable job in time, then the solution is for you to convert your status to visitor and stop working - or have your employer obtain an approved LMIA so that you can switch over to a closed work permit (note the LMIA process typically takes 4-6 months to complete and is a lot of work for the employer)

Then I think I am screwed. I am hopeful of getting a job in next 15 days. But they wont file LMIA/closed permit.
My wife's course is ending on 24th August and my permit has an end date of 30th Sep.
IF I choose to convert it into Visitor visa, Do i have to go out of the country and re enter ?

Also, once my wife applies for my PGWP after satisfying required tasks, how much time would it take for me to be eligible for working?

 

[scylla]

Then I think I am screwed. I am hopeful of getting a job in next 15 days. But they wont file LMIA/closed permit.
My wife's course is ending on 24th August and my permit has an end date of 30th Sep.
IF I choose to convert it into Visitor visa, Do i have to go out of the country and re enter ?

Also, once my wife applies for my PGWP after satisfying required tasks, how much time would it take for me to be eligible for working?

You can work on your OWP until it expires on September 30th. You just can't extend it unless your wife manages to get a qualifying job.

 

[rahul.ahuja]

You can work on your OWP until it expires on September 30th. You just can't extend it unless your wife manages to get a qualifying job.

If the employer agrees to change my status from OWP to Closed. Can this be done while I am working there ?
Lets say employer files for LMIA and other formalities in August or Sept first week, ?
while the closed work permit application is in process, would I be allowed to work ?

 

[scylla]

If the employer agrees to change my status from OWP to Closed. Can this be done while I am working there ?
Lets say employer files for LMIA and other formalities in August or Sept first week, ?
while the closed work permit application is in process, would I be allowed to work ?

This won't work.

You have to submit your new work permit application before your current work permit expires. You cannot continue working just because your employer has submitted an approved LMIA. You need to have submitted the new work permit application before your current work permit expires to have implied status and be able to continue working.

Your employer would pretty much have to apply for the LMIA now or extremely soon given how much time it takes to process. August / Sept is too late.

 

[rahul.ahuja]

This won't work.

You have to submit your new work permit application before your current work permit expires. You cannot continue working just because your employer has submitted an approved LMIA. You need to have submitted the new work permit application before your current work permit expires to have implied status and be able to continue working.

Your employer would pretty much have to apply for the LMIA now or extremely soon given how much time it takes to process. August / Sept is too late.

Thanks a ton ! for all the information. I appreciate your quick responses .