In order for you to work, you need an LMO. CEC applications do not extend work permits. You must stop working now as your work permit extension has been refused. Sorry to hear this is happening. Wish you had gotten advice before you applied to extend the work permit as you would have been told that you needed an LMO to extend it.
Work permit extension during waiting for PR result
- Thread starter Lavenderyyt
- Start date
This post has been most illuminating for my position...thanks rjessome and RobLuv for the 411
I'm looking into all my alternatives in terms of extending my work permit (expiring Sept 23rd, 2011) until I receive a decision regarding my PR application (Family class...due to hear back about sponsor approval in January 2012).
Now I'm aware of the LMO route and possibly the tagging-on-of-inland-work-permit-renewal-to-PR-application-route.
However, I also saw that under the Temporary Foreign Worker Program, if you are unemployed for any time during its 4 year period of validity, you're able to claim that time in applying for a work permit extension. I'm under the Post Graduate Work permit program, and was unemployed for 4 months during its period of validity. Is it possible to claim these 4 months, with the aid of an ROE from Service Canada, in order to extend my work permit by at least 4 months?
thanks in advance
I'm looking into all my alternatives in terms of extending my work permit (expiring Sept 23rd, 2011) until I receive a decision regarding my PR application (Family class...due to hear back about sponsor approval in January 2012).
Now I'm aware of the LMO route and possibly the tagging-on-of-inland-work-permit-renewal-to-PR-application-route.
However, I also saw that under the Temporary Foreign Worker Program, if you are unemployed for any time during its 4 year period of validity, you're able to claim that time in applying for a work permit extension. I'm under the Post Graduate Work permit program, and was unemployed for 4 months during its period of validity. Is it possible to claim these 4 months, with the aid of an ROE from Service Canada, in order to extend my work permit by at least 4 months?
thanks in advance
Totally possible that I read it wrong...it's under the Applying to Change Conditions or Extend Your Stay in Canada guide:
It reads:
"Starting on April 1, 2011, you will be able to work in Canada for a maximum period of four years. Therefore, you will need to start counting the time you work in Canada as of April 1, 2011...If you do not work during the entire specified period on your work permit (for example you have a work permit valid for four years and you are sick or you leave temporarily Canada), you may need to submit proof of time not worked when you apply for another work permit later on and you are close to the four-year maximum...
Note: It is your responsibility to keep track of any breaks in work while in Canada on a work permit. You will be required to provide documentary evidence to prove periods where you have not worked in order for that time not to count towards the four-year limit"
I guess I'm just uncertain as to whether this clause applies to a PGWP that was receieved prior to April 2011
It reads:
"Starting on April 1, 2011, you will be able to work in Canada for a maximum period of four years. Therefore, you will need to start counting the time you work in Canada as of April 1, 2011...If you do not work during the entire specified period on your work permit (for example you have a work permit valid for four years and you are sick or you leave temporarily Canada), you may need to submit proof of time not worked when you apply for another work permit later on and you are close to the four-year maximum...
Note: It is your responsibility to keep track of any breaks in work while in Canada on a work permit. You will be required to provide documentary evidence to prove periods where you have not worked in order for that time not to count towards the four-year limit"
I guess I'm just uncertain as to whether this clause applies to a PGWP that was receieved prior to April 2011
I don't think there's any way to do this online.
If you want to apply for the OWP now so that your partner has implied status and can continue to work, I think the only option is to apply via the paper / mail in way and then include the OWP application with that mailed in sponsorship package.
Agree that it's tricky. If the application is returned, then the PA will be out of status.
The only way to keep PA under status is to apply for a visitor extension before his work permit expires but then PA cannot work because his status would be visitor instead of worker.
Hi, Sorry I missed your responses. I have deleted the duplicate post.
I understand what you’re trying to say. However, Lets say if we have ensured that application is complete and won’t be returned and apply for his OWP with Inland Spousal application then he will be on Inplied/Maintained status and continue to work under original conditions of his Post Graduate work permit which is expiring at the end of this month.
Then the dilemma is not sure if his TRV needs to be renewed as well or not at the same time or no need to renew it unless he needs to travel and leave Canada.
TRV is also expiring at the same time.
And not sure if change/extension of PGWP from PGWP Open work permit to Spousal Open Work permit is considered different kind of work permit or it’s same class. Because if different then you must stop working:
_“_Second, one needs to understand how their extension application impacts their conditions in Canada. The IRPR states that if an applicant applies to renew their existing work or study permit before their current permit expires, they can continue to work or study in Canada under the conditions of their previous permit while a decision is made. However, if you apply for a different type of permit, then you must stop working on the date that your current permit expires. For example, if a work permit holder now wants to obtain a study permit, then they must stop working when their current permit expires.”_
Can you please or anyone clarify this. I have checked IRCC website and the information is confusing and immigration agents are also saying different things. I’m in serious need of advise.
I understand what you’re trying to say. However, Lets say if we have ensured that application is complete and won’t be returned and apply for his OWP with Inland Spousal application then he will be on Inplied/Maintained status and continue to work under original conditions of his Post Graduate work permit which is expiring at the end of this month.
Then the dilemma is not sure if his TRV needs to be renewed as well or not at the same time or no need to renew it unless he needs to travel and leave Canada.
TRV is also expiring at the same time.
And not sure if change/extension of PGWP from PGWP Open work permit to Spousal Open Work permit is considered different kind of work permit or it’s same class. Because if different then you must stop working:
_“_Second, one needs to understand how their extension application impacts their conditions in Canada. The IRPR states that if an applicant applies to renew their existing work or study permit before their current permit expires, they can continue to work or study in Canada under the conditions of their previous permit while a decision is made. However, if you apply for a different type of permit, then you must stop working on the date that your current permit expires. For example, if a work permit holder now wants to obtain a study permit, then they must stop working when their current permit expires.”_
Can you please or anyone clarify this. I have checked IRCC website and the information is confusing and immigration agents are also saying different things. I’m in serious need of advise.