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ForumUser Posts: 539
Posted On: 10/20/2022
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My work permit is expiring in January and I haven't recieved an invite from the express entry pool I applied for. My score is high and I feel like it will come, but if I still don't recieve confirmation by the time my permit expires will I have to leave the country? If I leave with an unconfirmed decisiion, can I apply again from my home country? I dont want to leave, but I dont have another job lined up for after my permit expires. What are my options?
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jjohns007 Posts: 1
Posted On: 10/21/2022
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In my knowledge, within the first 90 days following its expiration, you can request to have your work permit restored. If you do this, you are permitted to remain in Canada until you receive further instructions, but you are required to stop working until your work permit has been restored. No assurance can be given that your application will be accepted. I don't know about the re-application from your home country. Please enquire thoroughly before do anything.
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Moderator Moderator Posts: 4075
Posted On: 11/21/2022
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ForumUser wrote:
My work permit is expiring in January and I haven't recieved an invite from the express entry pool I applied for. My score is high and I feel like it will come, but if I still don't recieve confirmation by the time my permit expires will I have to leave the country? If I leave with an unconfirmed decisiion, can I apply again from my home country? I dont want to leave, but I dont have another job lined up for after my permit expires. What are my options?
Hello there,
Thank you for sharing your question and situation with us. The Express Entry Process works as follows: foreign nationals who wish to apply for permanent residence status in Canada, and who meet the criteria of one of the federal immigration programs managed through the Express Entry system, enter their profile into the “Express Entry pool”. From there, top-ranked candidates who meet the minimum points set by Immigration Canada during a draw are issued an invitation to apply for permanent residency.
In terms of your particular question, there are a few options on the table:
Option 1: If you are not issued an invitation to apply for permanent residency before your permit expires, you should leave the country. If you do receive an invitation to apply before the permit expires but are unable to submit the application and have it be received by Immigration, Refugee and Citizenship Canada (IRCC) before the work permit expires, you should also leave.
Option 2: Another option is to apply to change your status in Canada to a visitor before your current status expires. Doing this allows you to stay in the country as a visitor while you await an invitation to apply for permanent residency. Please note that as a visitor, you are not authorized to work or study. You must apply to change your status to that of a visitor at least 30 days before your work permit expires. The application questions will be centered around your initial status in Canada, what you would like to change it to, the amount of funds you have available for your stay, employment history, education, criminal history, etc.
If you found a job, you would need to apply immediately for a work permit as soon as possible.
If, under this option where you are in Canada as a visitor, an invitation to apply is issued, you can apply for permanent residency, as well as for a bridging open work permit (BOWP).
A BOWP allows you to keep working while waiting for the results of your express entry application. To be eligible, you must:
1. Live in Canada (but not Quebec) at the time you apply for your BOWP.
- You can leave Canada while the application is processed.
- However, if you leave Canada after your work permit expires, you cannot work until your new application is approved.
2. Either
- Have a valid work permit;
- Have an expired work permit but maintain your status as a worker;
- This allows temporary residents to stay in Canada while their application is processed.
- The way to maintain your status as a worker is to apply to extend the status at least 30 days before the current permit expires. If the work permit expires before you apply to extend your status, you will lose your status.
- Be eligible to restore your status and get a work permit
- You can restore your status if you apply within 90 days of losing it. However, if it has been more than 90 days, you will need to leave Canada, and reapply from outside of Canada if you want to work here again.
- What this would mean for your express entry application is unclear.
3. Be the principal applicant on your permanent residence application
4. Have submitted a complete application for permanent residence and passed the completeness check
- Please note that submitting a profile to the pool is not the same as applying for permanent residence.
5. Have your acknowledgement of receipt letter
- This letter is sent to your account after your permanent residence application is received.
Option 3: You can try to secure another employment opportunity. If successful, you can apply for a new work permit before the original one expires. Applying for a new work permit before your work permit expires allows you to stay in Canada while your application is processed–providing you with more time to know if you will receive an invitation to apply for permanent residency. It should be noted that, in the case that you do receive an invitation to apply, but possess an expired work permit, it may cause your score to drop (potentially causing you to no longer be eligible). Thus, trying to find another job, if possible, and applying for a new work permit could go a long way.
Option 4: If you do end up leaving Canada after you submitted your application for permanent residency, the application will continue processing. If you leave Canada while your profile is still in the Express Entry pool, if you are issued an invitation to apply, you can submit your application for permanent residence from outside of Canada.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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