Navigating Dual Immigration Applications: Work Permit and PR through Express Entry

When facing the challenge of pursuing both a Canada Work Permit and Express Entry application simultaneously, you may wonder if this dual approach presents any risks. Here, we discuss your options and potential issues to consider.

Understanding Your Dual Applications

Many individuals like yourself are in a situation where your employer is in the process of raising a Canada work permit for you, while you have also received an Invitation to Apply (ITA) through the Express Entry system. This can be confusing and stressful. You might be concerned that applying through both systems could result in complications or disqualification.

No Conflict if Both Processes Are Proceeding

From what I understand, there should not be a conflict with having both a work permit application and an Express Entry ITA. Express Entry provides additional points for a job offer, indicating that applicants are expected to seek employment. Applying for a job offer does not count against you.

Current State of Your Employers Application

If your employer's LMIA (Labor Market Impact Assessment) is still pending, you should not give up on using your ITA. This is a secure achievement that you've earned based on your own merits and does not depend on the employer's success.

Considering the Work Permit Application

A work permit is temporary and subject to the approval of the LMIA, which might not get approved or the job might not materialize. Thus, it is advisable to proceed with the ITA if your employer does not have the LMIA in hand right now. An invitation to apply for PR is a definite accomplishment that you have earned through your skill and merit.

What Constitutes a Valid Job Offer?

A work permit on its own is not considered a job offer, even if it is open. For an Express Entry application, a job offer is valid from the moment it is issued, not in the future. If you have a solid job offer now, you can apply for PR.

Alternatively: Applying for PR First

Given that about 50% of Express Entry applicants obtain an ITA while in Canada, it is likely that you are in a similar position. If your job is stable and you won't be starting it in six months, you can apply for PR after obtaining a work permit following your arrival in Canada.

Best Practices and Professional Advice

In conclusion, seeking both a work permit and an ITA through Express Entry is not inherently problematic. However, you should consider the practical aspects of your situation. If the work permit process is quicker, it would be wise to first withdraw your ITA, complete the work permit application, and then apply for PR once you are in Canada.

If pursuing both applications simultaneously would take about the same time and your job doesn't require starting in the next few months, then proceeding with PR is a good option. Your employer would likely appreciate your flexibility, as it saves them from the hassle and cost of processing a work permit.

This advice is based on my personal experience and understanding. Please consult with a professional immigration advisor for personalized guidance.

Good luck!