Canadian Experience Class (CEC) candidates in the Express Entry pool have not been invited to apply for permanent residence since the last-all program draw, nearly two months ago, on January 18.
Since then, draws have been program-specific for candidates in the Provincial Nominee Program (PNP) and the Federal Skilled Worker Program (FSWP), leaving many Post-Graduate Work Permit (PGWP) holders in the CEC anxious while their permits get closer to their expiration date.
Compared to all the draws that took place between July and November 2022, the Express Entry draw trends have been erratic. All candidates in the Express Entry application management system who met the minimal Comprehensive Ranking System (CRS) score were eligible to receive an invitation (ITA) to apply during that time period’s all-program Express Entry draws.
When Express Entry drawings for the FSWP (in January 2021) and the CEC were halted during the COVID-19 epidemic, Immigration, Refugees and Citizenship Canada (IRCC) faced a similar dilemma (in September 2021).
Sean Fraser, the minister of immigration, responded to the hiatus by announcing a one-time extension for people whose PGWPs expired between September 2021 and December 2022. For people whose PGWPs expire in 2023, no equivalent action has been announced. to maintain status in Canada as a CEC.
After completing an appropriate programme of study in Canada at a Designated Learning Institution, PGWPs are granted to graduate students who choose to remain in the country. Depending on the length of the study programme, the permits may be valid for up to three years and cannot be renewed or extended.
Maintaining status as a PGWP holder waiting for a CEC draw
You can continue to work and live in Canada as a temporary resident while IRCC reviews your new application and you wait for the next CEC draw as long as you file for another work or study permit before your PGWP expires.
You must stop working on the day your PGWP expires and leave Canada if you fail to retain your temporary resident status. There are a variety of temporary permits available, depending on your financial situation and circumstances.
LMIA-required work permits
You may be able to switch from a PGWP (an open work permit) to one that calls for a Labour Market Impact Assessment (LMIA) if you are working. This implies that in order to determine if “hiring” you will have a positive, neutral, or adverse influence on Canada’s labour force, your company will need to file an application to Employment and Social Development Canada (ESDC). You could be able to continue working for your current employer if the result is positive or neutral, but you won’t be able to find another job until your permit expires or you are granted permanent residence status to maintain status in Canada as a CEC.
Some programmes, like the Global Talent Stream, allow firms in specific tech fields to forego the advertising requirements that EDSC typically imposes. Under this stream, LMIA processing timeframes can be as quick as two weeks. Employers are typically required to post all open positions across the Canadian labour market for a minimum of four weeks as part of an LMIA’s advertising requirements.
LMIA-exempt work permits
LMIA-exempt permits or those issued through the International Mobility Program (IMP) typically fall into the categories of significant benefits and reciprocal employment. The applicant’s work must be regarded to have a social, cultural, or economic advantage to Canada in order to be taken into account under the category of significant benefit.
Visitor visa
When your PGWP expires, you have the option to leave Canada and return later on a visitor’s visa if none of the other choices suit your needs Temporary Resident Visa (TRV). A TRV allows you to remain in Canada but forbids you from working or going to school. Also, you must be able to demonstrate that you have the resources necessary to support yourself during your stay.
Visitor Record
You can keep your status by requesting a visitor record. In contrast to a visiting visa, a visitor record can be obtained without leaving Canada. To be considered, your PGWP (or any other work or study permit) must expire at least 30 days before you submit your application. You are not permitted to work or attend school while you are in Canada with a visiting record. You won’t be permitted to leave Canada unless you intend to come back with a guest visa.
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