Work permit extension from IEC, with full time indefinite employment contract

[Doesfishingcount]

Hi

I'm NOC 7384 commercial diver on working holiday until January 2021

I have a full time employment contract

How do I get work permit extended until I have enough months collected for PNP?

Thanks

 

[PMM]

Hi

Hi

I'm NOC 7384 commercial diver on working holiday until January 2021

I have a full time employment contract

How do I get work permit extended until I have enough months collected for PNP?

Thanks

1. Unless your country allows a 2nd participation in the WHV program, your employer would have to get an approved LMIA.

 

[Doesfishingcount]

You're incorrect.

Thanks for the reply, but in future please refer people to this:

https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

Forms: immi5710 and immi5556e

1. Complete the work permit application
2. Include a letter of explanation telling us:
   • that you’re an International Experience Canada participant
   • you’re applying to extend your participation
   • you’re fee exempt, and
   • the reason why you’re applying to extend
3. Mail your completed application to the address below.
   Case Processing Centre Edmonton
   Immigration Refugees and Citizenship Canada
   c/o Work Permit- IEC Station 404
   Suite 55 9700 Jasper Avenue NW
   Edmonton AB T5J 4C3

 

[scylla]

You're incorrect.

Thanks for the reply, but in future please refer people to this:

https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

Forms: immi5710 and immi5556e

1. Complete the work permit application
2. Include a letter of explanation telling us:
   • that you’re an International Experience Canada participant
   • you’re applying to extend your participation
   • you’re fee exempt, and
   • the reason why you’re applying to extend
3. Mail your completed application to the address below.
   Case Processing Centre Edmonton
   Immigration Refugees and Citizenship Canada
   c/o Work Permit- IEC Station 404
   Suite 55 9700 Jasper Avenue NW
   Edmonton AB T5J 4C3

If you hold a WHV (v.s. YP or co-op) an extension still isn't possible. The above link doesn't change this.

 

[scylla]

You're incorrect.

Thanks for the reply, but in future please refer people to this:

https://www.canada.ca/en/immigratio...p/services/work-canada/iec/extend-change.html

Forms: immi5710 and immi5556e

1. Complete the work permit application
2. Include a letter of explanation telling us:
   • that you’re an International Experience Canada participant
   • you’re applying to extend your participation
   • you’re fee exempt, and
   • the reason why you’re applying to extend
3. Mail your completed application to the address below.
   Case Processing Centre Edmonton
   Immigration Refugees and Citizenship Canada
   c/o Work Permit- IEC Station 404
   Suite 55 9700 Jasper Avenue NW
   Edmonton AB T5J 4C3

This is what you need to look at more carefully. See the bolded section. All of the bullets need to be true in order for you to qualify to extend your IEC. If you are in fact on an WHV (not YP and not co-op), then you don't qualify.

My job has been extended
You can apply to extend your IEC participation if:

• you’re a Young Professional or International Co-op (Internship) participant
• you’ll be working for the same employer at the same location
• your job duties won’t change
• your original offer of employment was for a shorter amount of time than you’re eligible for, and
• your new offer of employment does not put you over the maximum amount of time that you’re eligible for
  • for example, if you’re eligible to work in Canada for 12 months and your first work permit was valid for 6 months, your new work permit can only be valid for a maximum of 6 more months.

You can’t extend your participation if you want to work for the same employer but in a different job or at a different address.

 

[Doesfishingcount]

OK that's really interesting, I'll try anyway as it doesn't cost me anything. My friend who is 37 said he went that route, same industry as me, and had the extension with no LMIA. Worst case I'll pay a lawyer, unless you know other options?

 

[scylla]

OK that's really interesting, I'll try anyway as it doesn't cost me anything. My friend who is 37 said he went that route, same industry as me, and had the extension with no LMIA. Worst case I'll pay a lawyer, unless you know other options?

A lawyer can't change the rules. I don't see the point in hiring one and it will be a waste of money.

If you apply for an extension from an IEC, you'll end up being refused. My guess is that your friend was on a YP or there were some other conditions at play (e.g. in progress PR application) or some sort of exception. If that person is a close friend, now would be the time to find out those exact details. Once you are refused, you'll be in Canada without status. You should assume that you won't be able to count any of the work experience gained after your IEC expired towards any Canadian immigration program (since it will have been obtained while applying for an extension you don't qualify for). So all this really does is buy you some additional time working in Canada. It doesn't get you additional work experience towards PR.

 

[Doesfishingcount]

OK thanks, can I ask what you think I should do? My IEC ends in February.

TLDR: 33yo NOC 7384, IEC expires February, have 14 months 100% valid experience, 4 - 8 months that I know a friend is using but with much more difficulty from proving time self employed, and a permanent job offer that I am currently working in in the same industry. In February I'll be on 20 months relevant experience + those 4-8 months of directly relevant but self employed. I also have 18 months of scuba instruction if you can consider that directly relevant to commercial diving. It comes under the NOC that covers sports instructors.

I currently have 10 months full time work experience as a commercial diver in Australia in 2018, 4 months full time same work in Canada in 2019, 4 months where I worked full time hours as a self employed commercial diver on the urchin fishing fleet and another 4 months of the same work where I wouldn't have made full time hours.

I'm currently on 419 points for the express entry program. My thinking was that I would take full time work with one of the employers able to offer it, accrue enough full time months that I can apply for BC PNP without any risk of being turned down and then definitely have enough points to apply for Express Entry.

If I am successful in being allowed to continue working but am not successful with the BC PNP (I don't see that happening) I will have 505 points with, or 455 points without, an LMIA next August.

So as I see it I really require the legal work permit to keep working. It's possible that he did only get the continuation because of the pending PR application, if that's the case would I be better off updating my express entry or BC PNP applications so that they're underway?

Now that I write this all out I realise that I should redo my express entry anyway to reflect the job offer, although no - as they don't count it without LMIA.

 

[scylla]

OK thanks, can I ask what you think I should do? My IEC ends in February.

TLDR: 33yo NOC 7384, IEC expires February, have 14 months 100% valid experience, 4 - 8 months that I know a friend is using but with much more difficulty from proving time self employed, and a permanent job offer that I am currently working in in the same industry. In February I'll be on 20 months relevant experience + those 4-8 months of directly relevant but self employed. I also have 18 months of scuba instruction if you can consider that directly relevant to commercial diving. It comes under the NOC that covers sports instructors.

I currently have 10 months full time work experience as a commercial diver in Australia in 2018, 4 months full time same work in Canada in 2019, 4 months where I worked full time hours as a self employed commercial diver on the urchin fishing fleet and another 4 months of the same work where I wouldn't have made full time hours.

I'm currently on 419 points for the express entry program. My thinking was that I would take full time work with one of the employers able to offer it, accrue enough full time months that I can apply for BC PNP without any risk of being turned down and then definitely have enough points to apply for Express Entry.

If I am successful in being allowed to continue working but am not successful with the BC PNP (I don't see that happening) I will have 505 points with, or 455 points without, an LMIA next August.

So as I see it I really require the legal work permit to keep working. It's possible that he did only get the continuation because of the pending PR application, if that's the case would I be better off updating my express entry or BC PNP applications so that they're underway?

Now that I write this all out I realise that I should redo my express entry anyway to reflect the job offer, although no - as they don't count it without LMIA.

If you're not sure what to do, it may be in your best interest to hire an immigration lawyer to assist you and explore your options.

You can only count job offer points under EE if your employer obtains an approved LMIA. What you have now is unfortunately not classified as a job offer.

Yes, if your friend has a PR application in progress, this is why he was able to extend his work permit / obtain a new open work permit. Once you are selected for PR (either receive ITA through EE or receive a PNP nomination), you qualify for an open work permit as long as you still hold a valid work permit at the time you apply. It's not good enough to have an Express Entry profile or have applied under BC PNP - you must actually have been selected (received ITA) under Express Entry and submitted your complete application OR received a nomination from a province to qualify for a BOWP.

 

[Doesfishingcount]

If I have 5 months left do you think I should try applying for the work permit extension just in case, my friend was under the impression that he got it before he had applied for express entry and that they granted it to him so that he was able to garner enough months to simply apply for express entry without requiring an LMIA?

Or are you absolutely certain it would be a hopeless waste of time and that I require an invitation to apply to express entry first and that the work permit extension is only to keep those individuals in the country?

Is there not an official email that I can write to with these questions?

If I am not going to be able to secure an extension to my work permit without having the express entry invitation, then it seems like talking to a lawyer would be futile and that I simply have to get the LMIA underway asap. With the LMIA in hand I might not even require a BC PNP...

I'm just not keen to talk to a lawyer after the first one was basically useless.