Whether you're the employee looking to remain in Canada or the employer wondering what their employee's options are, this process can feel intimidating and complex. We're not going to lie to you, it can be complicated, and there are often many moving parts. Though, the more you know, the easier the process is. And, if you're at a total loss, there are experts you can lean on for added support.
To paint you a picture of the many paths you may choose to extend your work permit, we spoke to Leann Iamartino, Regulated Canadian Immigration Consultant at Foothills Immigration, to break it all down.
We'll start by saying that every single situation is different, and there are an endless number of options based on your unique situation.
The First Steps You Want to Take In Extending Your Canadian Work Permit
As we said, you've got more options than you think. Your choices include:
- Going through your employer and taking the LMIA route.
- Taking a spousal approach through your spouse or common-law partner.
- Expanding your current Working Holiday/Young professional visa.
- Work towards your PR and understand options for extension within that.
Before we dive deeper into those options and what they look like, we want to walk you through your order of priorities as this tends to be similar, no matter which path you choose.
Above all else, you want to "Protect your status," said Leann. "Your biggest priority is never to let your visa expire, and the time you have until your expiration date will dictate how you arrange your priorities in the first place."
So, here are the steps you will most likely need to follow.
Define Your Goals
Leann told us that most people looking to extend their work permits have the ultimate goal of acquiring residency in Canada. Suppose you know you want to stay living and working in Canada for longer. In that case, you're likely aware to eventually become a permanent resident and remain in the country for the foreseeable future. Or are you in Canada for a short stint and ready to move on once you expire? Determining your goals is a great place to start, and you can use this to prepare the questions you ask and the choices you make along the way.
Get a Clear Understanding of the Options You May Qualify For
Before diving too deep into the permanent residency application process or seeking an LMIA from your employer, you should look at your existing visa and determine if you might qualify for an extension. If you're on an International Experience Canada visa (Working Holiday or Young Professional), you might have the option to extend it for another year if you haven't used it to the full extent. So, that's the first place you should look. Further to looking into what you qualify for, this includes looking into what your spousal options are. Do you and your partner qualify for common law? Do they qualify for an extension that could help your circumstance? Etc.
Get a Clear Understanding of Your Timeline
Next up, you'll want to understand your unique timeline. Most importantly, when does your visa expire? If you're working with a fast-approaching expiration date, your next move will be vastly different than if you've got more time on your side. If you're in a tight pinch for time, you might consider working with a professional to expedite the process even further.
Touch Base with the Various Stakeholders in your Situation
You'll want to connect with your key stakeholders. If you're looking to go the LMIA route, you'll want to see if your employer is willing to support you through this process and take on the work it requires on their end. If you go the spousal route, you'll want to work with your partner to carve out the best approach that works for everyone.
Get Going & Adjust As Needed
Once you've got support from the critical stakeholders in your journey, it's time to move. You'll go through the process and make adjustments based on roadblocks, timelines that will be important, and all of the variables that come up along the way. You'll want to stay informed and be flexible at every step.
Understanding your options: A deeper dive
Now that you have a basic idea of the journey ahead let's clarify it. Here's a breakdown of some potential paths you may choose and what they will look like for you.
Extend Through an LMIA
An LMIA is a Labour Market Impact Assessment and, according to Leann, it is "essentially Service Canada permitting the employer to hire a temporary foreign worker." So, you will need to ensure that your employer is willing to go through this process on your behalf. If they are, this is an excellent approach to take. You will need your approved LMIA to apply for your work permit extension, so you must get on it as soon as possible if your employer is willing because this process certainly doesn't happen overnight. Even if you have time left on your existing visa, LMIAs are valid for 18 months, so it's worth having whenever you'd like to start your application process. "You don't need to use it immediately if you don't have to. It's almost like having a security." If your permit is about to expire and you don't have time to wait for the LMIA process, you'll want to research your options immediately and consider a different route.
Spousal or Common Law
If you're married or in a common law relationship, this is an option you might want to consider. There are many approaches, but the two most common options are to have one of you seek an LMIA for their employment in a skilled position. Suppose you and your partner are both on working holiday visas coming up for expiration, and one of your employers is willing to seek an LMIA to keep you in your skilled position. In that case, they can then apply for their skilled work permit and an open work permit for their spouse at the same time.
Alternatively, if your partner is a citizen or permanent resident of Canada, you can look into applying for your spouse to sponsor you. In this case, you would make the application for spousal sponsorship and your open work permit at the same time.
If you go the skilled position LMIA approach, it is the same process as the regular LMIA apart from the fact that you are submitting the open work permit application for your spouse at the same time as your employer-specific work permit.
International Experience Canada
If you are on a Working Holiday Visa or a Young Professional Visa, you should research if you qualify for an extension before considering any other options. This can be super simple and one of the more straightforward approaches in the short term. First, you'll want to research your eligibility for an extension and ensure there is time left on your visa and that you qualify for an extension. If the answer is yes to both, all you need to do is apply. If not, you'll want to look into one of the other options, such as an LMIA.
Permanent Residency
Last but not least, a great way to ensure you can remind living and working in Canada is by applying to become a permanent resident. This is a great path to take if you qualify for Express Entry (or many other means of obtaining PR). You will submit an Expression of Interest, and if you qualify, you'll receive an Invitation to Apply. Once you apply, you'll receive an Acknowledgement of Receipt, and, with that, you can apply for an open work permit four months prior to your current work permit expiration date.
If you don't qualify for Express Entry, your next option is to seek a PNP (Provincial Nominee Program) If your provincial government offers you a PNP nomination, you can use that to apply to the federal government for permanent residency. You will await an Acknowledgement of Receipt from IRCC (which can take time) to apply for your open working permit. If that is going to take too long, you can apply for an employer-specific work permit with your PNP nomination. This means your employer would need to make an employer compliance job offer which will eliminate the requirement for an LMIA.
So, you can use your PNP nomination to extend your work permit, your Acknowledgement of Receipt through Express Entry to extend your work permit, or your Acknowledgment of Receipt through the PNP nomination process that was submitted to the federal government.
We know it's a lot to consider. But, in all cases, a few things are consistent:
- You never want to let your visa expire.
- You want to always be mindful of your timeline and your long-term goals.
- You want to have several Plan Bs in your back pocket if anything takes longer than expected or doesn't go to plan.
If you've read this article and you're ready to get started, pick the options that seem the most suitable for you and get researching. As always, Foothills Immigration is here to support you if you feel lost, intimidated, or prefer to have an expert in your corner.
This story was made possible by our Community Partners Program. Thank you Foothills Immigration Inc. for helping to expand local news coverage in the Bow Valley. Learn more.
