Immigration Corner | My postgraduate work permit is expiring soon, what can I do?

Dear Miss Powell,

My postgraduate work permit (PGWP) is expiring by the end of this year, and I heard I can’t apply to have it renewed. I have spent so many years in Canada, I don’t want to return home. I wish to remain in Canada. What are my options to stay in Canada without going through the Express Entry System? I was in the pool for over a year and wasn’t selected, and so I’m looking for other options to remain in Canada. I look forward to your response.

GT

Dear GT,

Immigration, Refugee and Citizenship Canada (IRCC) announced several changes recently and this included that they are no longer issuing Postgraduate Work Permit Extensions as they had done in the past. Therefore, if your postgraduate work permit is expiring, you will need to apply to remain in Canada under one of the other programmes.

PERMANENT OPTIONS

There are several options to apply to remain in Canada on a temporary or permanent basis. For persons who wish to remain in Canada on a permanent basis, the easiest option is via the Express Entry System. The key is to ensure that you are gaining the maximum number of points possible.

The first step is to obtain excellent scores for your language examinations. This means for the IELTS General Training Examination, you should ensure that you have an average score of 8.5 and above, with a minimum of 8.5 for reading and listening. For the CELPIP General Examination, you should have a minimum of 10 in each category, with emphasis on the reading and listening scores as well.

Second, you should obtain a job offer from an employer with a Labour Market Impact Assessment (LMIA) report, or from an employer who is exempt. This job offer should be in training, education, experience, and responsibilities (TEER) 0 or TEER 1, 2, 3. You could gain as much as 200 points if your have a job offer in the Major Group 00. TEER 00 are usually management positions in areas such as advertising, finance, human resources, telecommunications, computer, social services, publishing, insurance, restaurants, hotels, construction, utilities, marketing and public relations.

A LMIA job offer in a TEER 1, 2, 3 positions would give you approximately 100 additional points. These are usually job offers as accountant, chemist, pharmacist, physiotherapist, nutritionist, nurse, lawyer, librarian, supervisor, journalist, massage therapist, teacher, writer, firefighter, boilermaker, plumber, carpenter, administrative officer, nurse aid, coach, cook and hairstylist.

The most important factor is to satisfy IRCC that your education and work experience match the job that you are being offered. The job offer must be from an authorised employer, full-time, for a minimum of one year and must be a skilled job listed as TEER 0, 1, 2, 3 under the 2021 National Occupational Classification and supported by a LMIA report or exempted.

If you have a job offer from an authorised employer, you may have the option of applying for a closed work permit, provincial nominee, or for permanent residence under the express entry with a strong chance of receiving an invitation to apply for permanent residence.

Another option is to obtain a provincial nomination from one of the provinces. If you receive a provincial nomination, you will get 600 points under the Express Entry System. This means that you will increase your chances of receiving an invitation to apply for permanent residence in a short time.

There are other ways of applying for permanent residence without going through the Express Entry System. These are via the Quebec Skilled Worker and other economic programmes, Agri-Food Pilot Programme, Rural and Northern Immigration Programme, Start-up Business Class, Atlantic Immigration Programme, Family Sponsorship and in-Canada Humanitarian and Compassionate categories. If you are interested in any of these programmes, then I recommend that you consult directly with an immigration lawyer to ensure that you can meet the requirements to qualify.

TEMPORARY OPTIONS

If you wish to remain in Canada as a temporary resident, or visitor, then 30 days before your postgraduate work permit expires, you should apply for an application to remain in Canada as a temporary resident. You must be in Canada and wish to apply for another temporary resident permit, so that you can stay longer or if you wish to change the conditions of your stay to visitor, or to apply for another work or study permit. It is important that you submit this application before your PGWP expires, or you may need to pay for and apply for restoration of status.

There is also the option of applying to do further studies, such as a master’s or PhD programme, provided that you have an acceptance letter and proof of funds available to cover the expenses of the additional study. Note, however, that after completion of that programme of studies, you will not be eligible for another postgraduate work permit.

Finally, you indicated that you were in the pool for a year and not selected. I recommend that you schedule a consultation with us or an immigration lawyer to find out ways to improve your comprehensive ranking score and hopefully receive an invitation to apply for permanent residence.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. You may contact her via telephone or Whatsap at 613-695-8777 or find her on Facebook or Instagram.