Mandelbaum Immigration Lawyers

I'm in Canada on a work permit or study permit. Can I apply for PR without leaving?

Yes, most people can apply for permanent residency from inside Canada. If you're working, Canadian Experience Class requires 1 year of skilled work experience (NOC TEER 0,1,2,3) and language test results. Students need to complete their program, get a Post-Graduation Work Permit, work for a year, then apply through Express Entry or Provincial Nominee Programs.

My work permit is about to expire. How many times can I extend it?

There's no set limit on work permit extensions. LMIA-based permits require a new LMIA each time, LMIA-exempt permits can extend as long as you meet criteria, and spousal open work permits extend while your spouse maintains status. Post-Graduation Work Permits cannot be extended. Apply 4-5 months before expiry as processing times vary.

What happens if my permit expires while waiting for the extension decision?

If you applied before expiry, you get implied status and can continue working or studying under the same conditions. You must apply before expiration, for the same permit type, with complete documentation. If you miss the deadline, you must stop working immediately and have 90 days to apply for restoration of status at an additional cost of $229.

Can I switch from a study permit to a work permit without leaving Canada?

Yes, through the Post-Graduation Work Permit (PGWP). Apply within 180 days of completing a program that's at least 8 months long at a designated learning institution. Programs under 2 years receive PGWP matching program length; 2+ year programs receive 3-year PGWP. Note: November 2024 changes mean not all college programs qualify - field of study must align with labour shortage occupations.

I'm working in Canada. What's the fastest way to get permanent residency?

Canadian Experience Class through Express Entry typically processes in 6-12 months after invitation. Requirements: 12 months skilled Canadian work experience, language tests (CLB 7 for NOC 0/1, CLB 5 for NOC 2/3), and competitive CRS score. Provincial nominations add 600 points to your score, virtually guaranteeing an invitation. French language skills can add up to 50 additional points.

Can my spouse work in Canada if I have a work or study permit?

Yes, through a Spousal Open Work Permit (SOWP). If you have a skilled work permit (NOC 0,1,2,3) valid for 6+ months, or are a full-time student at a public post-secondary institution, your spouse can apply for an open work permit allowing them to work for any employer in Canada. Processing takes 4-6 months from inside Canada.

What is LMIA and do I need one for permanent residency?

A Labour Market Impact Assessment (LMIA) proves an employer needs to hire a foreign worker because no Canadians are available. While not required for most PR applications, an LMIA-backed job offer adds 50-200 CRS points in Express Entry. Work experience gained on an LMIA permit counts toward Canadian Experience Class eligibility, which is often the actual pathway to permanent residency.

I got refused. Can I appeal or reapply from inside Canada?

Appeal options depend on application type and location of refusal. Applications from outside Canada: Judicial Review at Federal Court (typically 60 days) or new application. Applications from inside Canada: Judicial Review at Federal Court (typically 15 days for most decisions). Some family sponsorships and inadmissibility decisions have Immigration Appeal Division rights (30 days). Deadlines are strict and calculated from when you receive the decision.