December 2, 2023

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How to retain standing in Canada as a CEC prospect with an expiring PGWP

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Released on March 14th, 2023 at 11:50am EDT
Up to date on March 14th, 2023 at 04:20pm EDT

CEC candidates with an expiring PGWP may be able to maintain status with a different work permit.

Canadian Encounter Course (CEC) candidates in the Specific Entry pool have not been invited to utilize for everlasting home given that the last-all system draw, almost two months back, on January 18.

Since then, attracts have been software-unique for candidates in the Provincial Nominee Software (PNP) and the Federal Skilled Employee Program (FSWP), leaving lots of Article-Graduate Operate Allow (PGWP) holders in the CEC anxious when their permits get closer to their expiration date.

Categorical Entry attract designs have been irregular as opposed to all the attracts that took area concerning July and November 2022. Specific Entry attracts throughout that period were being all-software, this means each candidate in the Specific Entry software administration program who experienced at the very least the bare minimum Extensive Ranking Process (CRS) rating, was suitable to get an invitation to utilize (ITA).

Routine a Absolutely free Function Permit Consultation with the Cohen Immigration Law Agency

Immigration, Refugees and Citizenship Canada (IRCC) dealt with a equivalent scenario throughout the COVID-19 pandemic when Express Entry attracts had been paused for each the FSWP (in January 2021) and the CEC (in September of 2021).

In reaction to the pause, previous April Immigration Minister Sean Fraser announced a one-time extension for these who had a PGWP expire amongst September 2021 and December 2022. A comparable evaluate has not been declared for individuals with PGWPs that expire in 2023.

PGWPs are issued to graduating college students who would like to remain in Canada after they have done an suitable plan of research in Canada at a Designated Learning Establishment. The permits are valid for up three yrs (relying on the size of the research program) and are unable to be prolonged or renewed.

Protecting position as a PGWP holder waiting around for a CEC attract

As extended you use for one more work or study allow just before your PGWP expires, you can carry on operating and living in Canada as a momentary resident even though IRCC processes your new software, and you wait around for the future CEC attract.

If you do not retain your temporary resident status, you will need to have to prevent performing on the day your PGWP expires and go away Canada. There are a number of temporary permits to use for, relying on your funds and situation.

LMIA-needed work permits

If you are employed, you may possibly be equipped to alter from a PGWP (an open get the job done allow) to a single that necessitates a Labour Industry Impact Evaluation (LMIA). This implies that your employer will require to submit an software to Employment and Social Enhancement Canada (ESDC) to evaluate if “hiring” you will have a constructive, neutral, or destructive effect on Canada’s labour pressure. If the consequence is constructive or neutral, you will likely even now be in a position to operate for your present employer, but you will not be able to do the job any place else right until the allow expires or you get long term resident standing.

There are some systems, these as the World Expertise Stream, that make it possible for businesses in particular tech occupations to skip the advertising and marketing prerequisites generally demanded by EDSC. LMIA processing situations below this stream can just take as little as two months. Normally, promoting specifications for an LMIA mean that companies need to market all career vacancies throughout the Canadian position market place for at least 4 months.

LMIA exempt work permits

Most typically, LMIA-exempt permits, or those less than the Worldwide Mobility Software, drop underneath the important advantage and reciprocal employment categories. To be thought of under important advantage, the applicant should be deemed to be executing operate that has a social, cultural, or economic benefit to Canada.

Reciprocal work happens when Canada has an existing settlement with a further nation, these kinds of as the agreements less than the Canada-United States-Mexico Arrangement (CUSMA), which will allow some personnel from these nations around the world to get the job done throughout borders, or get the job done in Canada on an intra-corporation transfer (ICT) settlement.

Review permit

As you may well have currently seasoned as a PGWP holder, you are suitable to operate in Canada if you are enrolled in a post-secondary Selected Understanding institution. Full-time college students are suitable to work 20 several hours a week off campus through the academic yr and comprehensive-time in the course of scheduled educational breaks. The not long ago declared non permanent removing of the cap on hours college students are suitable to operate only applies if IRCC acquired your software for a examine permit, or extensions, on or ahead of Oct 7, 2022.

Visitor visa

If none of these solutions function for your circumstance, you can go away Canada when your PGWP expires and return underneath a visitor’s visa (TRV). Less than a TRV you may well keep in Canada but are you not legally permitted to get the job done or review. You need to also be ready to verify that you have sufficient funds to assist by yourself for the length of your stay.

Customer record

You can also preserve your standing by implementing for a visitor report. A visitor document is distinct from a customer visa in that you do not require to leave Canada to get it. To be qualified, you should use at the very least 30 times just before your PGWP (or any other function or research permit) expires. Though in Canada on a customer report, you will not be allowed to do the job or review. Moreover, you will not be ready to go away Canada except you system to return with a customer visa instead.

Schedule a Totally free Get the job done Allow Consultation with the Cohen Immigration Law Agency


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