Question about Bridging open work permit
Jun 2nd 2016, 5:45 pm
#1
Resident Maple Leaf Lush
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Question about Bridging open work permit
Hello (again)
More questions.
If someone has and is working in Canada as an Intra-company transferee, and thus does not have an LMA / LMIA (or LIMA, never know which one it is!) and is close to the end of the fourth year, ie close to the cumulative duration period, and thus cannot renew their permit, BUT has received an ITA for PR - which they are going to apply for.
Can they obtain a Bridging open work permit by applying to extend their existing permit, selecting the "open work permit" option, and then doing whatever needs to be done to complete the form?
The idea being that they extend their current permit by X (lets say 12 months) to cover the period where their current permit would expire and PR is granted.
The concerning factor here is obviously the cumulative duration period.
Having had a read of this: http://www.cic.gc.ca/english/work/ap...aximum.asp?s=2 I see that there is an "Exceptions" section, which states:
When you work in one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.
It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.
These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:
NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit
Any work done while studying in Canada on a full-time basis does not count toward your four-year maximum.
NOC 0 / A does apply to the person, so does this mean they can get a bridging open work permit?
any help or advice greatly appreciated.
More questions.
If someone has and is working in Canada as an Intra-company transferee, and thus does not have an LMA / LMIA (or LIMA, never know which one it is!) and is close to the end of the fourth year, ie close to the cumulative duration period, and thus cannot renew their permit, BUT has received an ITA for PR - which they are going to apply for.
Can they obtain a Bridging open work permit by applying to extend their existing permit, selecting the "open work permit" option, and then doing whatever needs to be done to complete the form?
The idea being that they extend their current permit by X (lets say 12 months) to cover the period where their current permit would expire and PR is granted.
The concerning factor here is obviously the cumulative duration period.
Having had a read of this: http://www.cic.gc.ca/english/work/ap...aximum.asp?s=2 I see that there is an "Exceptions" section, which states:
When you work in one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.
It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.
These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:
NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit
Any work done while studying in Canada on a full-time basis does not count toward your four-year maximum.
NOC 0 / A does apply to the person, so does this mean they can get a bridging open work permit?
any help or advice greatly appreciated.
Last edited by sharkus; Jun 2nd 2016 at 5:51 pm.
