How to keep your CEC candidate status in Canada if your PGWP is about to expire?

March 15, 2023

Naju Gadhavi

Today in the Blog I am going to let you know about an important aspect which is how can you stay in Canada as a CEC candidate while your PGWP is getting expired and what to do next in it.

So from the recent news Canadian Experience Class (CEC) candidates in the Express Entry pool have not been asked to apply for permanent residence since the previous all-program draw on January 18, nearly two months ago.

Following that, Draws have been limited to candidates in the Provincial Nominee Program (PNP) and the Federal Skilled Worker Program (FSWP), causing concern for many post-graduate work permit (PGWP) holders in the CEC as their permits approach their expiry dates.

Express Entry draw patterns have been inconsistent when compared to all drawings held between July and November 2022. During that time period, Express Entry drawings were all-program, which meant that any candidate in the Express Entry application management system who had at least the minimum Comprehensive Ranking System (CRS) score was eligible to get an invitation to apply (ITA).

What are the changes in the recent Express Entry draw for Canada?

The way Express Entry draws have been conducted has not been consistent recently. From July to November 2022, all candidates in the Express Entry system who had a certain minimum Comprehensive Ranking System (CRS) score were eligible to receive an invitation to apply (ITA). This is known as an “all-program” draw. However, draws since then have been limited to certain programs, which is different from the earlier draws.

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How to maintain a status as a PGWP holder waiting for a CEC draw

If you apply for a new work or study permit before your post-graduate work permit (PGWP) expires, you can continue living and working in Canada as a temporary resident while your new application is being processed and you wait for the next CEC draw. However, if you do not apply for a new permit and your PGWP expires, you will have to stop working and leave Canada. There are different types of temporary permits you can apply for, depending on your situation and budget.

Work permits in Canada that require LMIA.

If you currently have a post-graduate work permit (PGWP) and are employed, it may be possible for you to switch to a different type of work permit that requires a Labour Market Impact Assessment (LMIA). This means that your employer will need to apply to Employment and Social Development Canada (ESDC) to determine if hiring you will have a positive, neutral, or negative impact on the Canadian workforce. If the outcome is positive or neutral, you can continue working for your current employer, but you won’t be allowed to work for any other employer until your permit expires or you obtain permanent residency.

There are some programs, like the Global Talent Stream, that exempt employers in certain tech occupations from the usual advertising requirements needed for an LMIA. Processing times for LMIAs under this program can be as short as two weeks. Normally, LMIA advertising requirements oblige employers to advertise all job vacancies across the Canadian job market for at least four weeks.

What is GTS ? and how it will affect your Canada PR?

Work permits that are LMIA-exempt.

Work permits that are exempt from LMIA requirements, or those issued under the International Mobility Program, usually fall into the categories of significant benefit or reciprocal employment. To be considered for significant benefit, the work that you will be doing should bring social, cultural, or economic advantages to Canada.

Reciprocal employment takes place when Canada has an agreement with another country, such as the Canada-United States-Mexico Agreement (CUSMA), which permits certain workers to work in Canada or cross the borders for work, or work in Canada under an intra-company transfer (ICT) agreement.

For Study Visa

As a post-graduate work permit (PGWP) holder, you might have already known that you can work in Canada if you are enrolled in a post-secondary institution designated by the government. If you are a full-time student, you are eligible to work for 20 hours per week off-campus during the academic year and full-time during scheduled academic breaks. However, the recent announcement about the temporary lifting of the limit on hours students can work only applies to those who have submitted their application for a study permit or extension on or before October 7, 2022.

Contact our immigration specialists from Canada for an assessment of your profile and expert guidance on all your inquiries related to Canadian immigration. Speak with our experienced practitioner and top visa consultant in Ahmedabad to evaluate your profile and receive advice on the appropriate course of action. To learn more, you can call (1) 905-362-9393 (Canada), +91 9586 226232 (Ahmedabad), or send an email to support@spscanada.com (Canada), support.amd@spscanada.com (Ahmedabad).

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