Work permit – PNP employer support

Hi Marie,

Key Points to Consider:
Current Work Permit Expiry:

The individual has three months left on their open work permit and cannot extend it further under the new rule effective January 21, 2025.
The employer plans to proceed with the Nova Scotia Provincial Nominee Program (NSPNP) Skilled Worker Stream, bypassing the need for an LMIA.
Legal Status and NSPNP:

NSPNP requires applicants to maintain valid legal status in Canada. While a valid work permit is not explicitly required, the individual must remain in Canada legally.
If the work permit expires before receiving a nomination, transitioning to visitor status is a viable option. However, during this period, the individual cannot work legally.
Impact of Visitor Status:

Changing to visitor status will not negatively affect the NSPNP application as long as the individual maintains legal status and the permanent, full-time job offer remains valid.
The employer must confirm, in writing, their continued commitment to the job offer during this period.
Post-Nomination Options:

Upon receiving the nomination and a support letter from NSPNP, the individual can apply for a new employer-specific work permit through IRCC. This work permit would allow them to resume working while awaiting permanent residence processing.
Options to Consider:
Option 1: Transition to Visitor Status Before Work Permit Expiry
The individual can apply for a visitor record before their work permit expires to maintain legal status.
The employer should provide a letter confirming the ongoing validity of the permanent job offer.
Pros:

Maintains compliance with NSPNP’s requirement to have valid legal status.
Avoids falling out of status, which could jeopardize the nomination application.
Cons:

The worker cannot work while on visitor status, which might raise questions about the job offer unless clarified with NSPNP.
Option 2: Apply for a New Work Permit After Nomination
Once nominated, the individual can use the NSPNP support letter to apply for a new employer-specific work permit.
Additional Recommendations:
Contact NSPNP Authorities:

It is highly advisable to reach out to NSPNP directly to confirm whether transitioning to visitor status would impact the nomination. Provinces often clarify specific requirements or nuances that can help avoid misunderstandings.
Timely Submission:

Ensure the PNP application is submitted promptly, with all necessary employer documentation supporting the permanent, full-time job offer.
Professional Guidance:

Consider consulting a Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer to ensure every step aligns with federal and provincial regulations.