CASCADIA IMMIGRATION SERVICES

Staying and Working in Canada After Your PGWP Expires

If your Post-Graduation Work Permit (PGWP) is nearing expiration, you may still be able to continue working in Canada by obtaining a work permit through the Temporary Foreign Worker Program (TFWP).

TFWP work permits are employer-specific, meaning that holders can only work for the employer listed on their permit.

What You Need to Know About TFWP Work Permits

TFWP work permits can be issued for nearly any occupation and industry, with a few exceptions listed below, and are available to foreign nationals of any nationality. These work permits often require a more extensive application process but have broad eligibility criteria, making them a strong option for those looking to remain employed in Canada.

To obtain a TFWP work permit, your employer must first secure a positive or neutral Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC).

This guide will cover:

• What an LMIA is
• Current LMIA restrictions
• How to discuss an LMIA with your employer
• Steps an employer must take to obtain an LMIA
• Exceptions to the LMIA advertising requirement
• The process of applying for a TFWP work permit
• Timeline for transitioning from a PGWP to a TFWP work permit
• The Global Talent Stream

What is an LMIA?

An LMIA is a document that demonstrates the need for a foreign worker because no Canadian citizens or permanent residents are available to fill the position.

Only employers can apply for an LMIA. A positive or neutral LMIA result indicates that hiring a foreign worker will not negatively impact the Canadian labor market. After an LMIA is approved, a worker can use it in their work permit application to obtain a TFWP work permit.

To obtain a TFWP work permit, you must:

1. Secure a job offer from a Canadian employer.
2. Have an employer willing to apply for an LMIA.
3. Obtain a positive or neutral LMIA from ESDC.
4. Ensure the job or employer is not on the ineligible list for LMIA processing.

Note: LMIAs are valid for six months. A new LMIA must be obtained to renew a TFWP work permit.

Current LMIA Processing Restrictions

As of 2024, the federal government has introduced new restrictions to LMIA processing for specific sectors, occupations, and positions. LMIA applications are not currently processed for:

• Low-wage positions in census metropolitan areas (CMAs) with unemployment rates of 6% or higher.
• Positions that exceed the employer’s low-wage position cap.
• In-home caregiver positions requiring a live-in arrangement.
• Employers who have had an LMIA revoked in the past two years.
• Certain low-wage positions in Montreal and Laval (until November 3).

ESDC also refuses to process LMIAs for employers on IRCC’s ineligible employer list and companies in the adult entertainment industry.

Discussing an LMIA with Your Employer

If you are interviewing for jobs, inform potential employers about your remaining PGWP duration and ask if they are willing to support an LMIA application.

If you are already employed, have a discussion with your employer to gauge their willingness to assist with the LMIA process, address their concerns, and offer to help with information they may need.

Since LMIA processing times vary, it is best to begin the application well in advance.

LMIA Processing Times (as of January 2025)

• High-wage stream: 68 days
• Low-wage stream: 76 days

Steps for LMIA Application

Employers must follow these steps to obtain an LMIA:

1. Determine NOC Code and Wage Rate: Identify the job classification and applicable wage.
2. Advertise the Position: The job must be advertised for at least 30 days according to LMIA stream requirements.
3. Gather Required Documents: Employers must prepare forms, proof of recruitment, and business legitimacy documents (e.g., tax records, business licenses).
4. Create a Job Bank Employer Account: Employers need this account to apply for an LMIA via LMIA Online.
5. Pay the Processing Fee: CAD $1,000 per application.
6. Submit the Application: Employers may receive follow-up questions or an interview request from an officer.

Exceptions to LMIA Advertising Requirements

In some cases, employers may be exempt from advertising requirements. Certain job positions have variations in their advertising criteria under the TFWP.

Applying for a TFWP Work Permit

Once an LMIA is approved, the employer provides it along with a job offer to the worker, who can then apply for a work permit.

Steps for Applying:

1. Create an online IRCC account and sign in.
2. Complete the eligibility questionnaire to receive a document checklist. Required documents may include:
   • Job offer
   • LMIA approval
   • Proof of qualifications
   • Language test results
   • Valid passport
   • Proof of funds
3. Fill out the application form and upload documents.
4. Pay the work permit fee ($155) and biometric fee (if applicable).

Maintained Status: Can I Continue Working?

If you apply for a TFWP work permit before your PGWP expires, you can continue working under maintained status (formerly called “implied status”). This allows you to stay and work in Canada under the same conditions as your PGWP while your new application is processed. However, you must remain in Canada to benefit from maintained status.

Timeline for Transitioning from PGWP to TFWP Work Permit

Stage	Description	Estimated Timeline
1. Advertising the LMIA	Employer must advertise the job to Canadians and permanent residents.	30 days
2. LMIA Processing	Employer submits LMIA application to ESDC.	68-76 days
3. Work Permit Processing	Worker applies for a TFWP work permit.	114 days
Total Time Required	Complete process duration.	6-8 months

Since the process can take several months, those with PGWPs should ideally begin at least 8-10 months in advance.

The Global Talent Stream (GTS)

The Global Talent Stream (GTS) is a specialized stream of the TFWP that fast-tracks the hiring process for highly skilled workers in tech and other in-demand fields. Employers using the GTS can expect LMIA processing in 10 business days and may bypass the advertising requirement.

Eligibility for GTS:

• Category A:
  • Hired by an employer referred by a designated partner.
  • Possess unique and specialized talent.
• Category B:
  • Hired for a job on the Global Talent Occupations List.
  • Employer complies with GTS program requirements.

Conclusion

Transitioning from a PGWP to a TFWP work permit requires careful planning, employer cooperation, and timely application submission. Starting early, understanding LMIA requirements, and exploring faster options like the Global Talent Stream can improve your chances of staying and working in Canada seamlessly.

Is your PGWP expiring? Here’s what you need to know about getting a TFWP work permit | CIC News