From Open to Closed work permit - inside Canada

[meme13422]

Hi. My husband came with me on an open work permit (I'm a student). His open-work permit expires in 8 months. Now he got a permanent job offer from his current employer, how can he apply for a new work permit from inside Canada? (He doesn't want to renew the SOWP as he wants to be eligible for the Alberta Opportunity stream). Does the employer need to apply for Lima? Is it before or after signing the contract (He is supposed to sign the contract next week, and start working the first week of January. Do you think that after signing the contract if he told his employer that he doesn't want to renew his open work permit and needs his support (LIMA) that there is a chance that they will kick him out? Knowing that his job is a worker in a warehouse, so it's nothing fancy that any other Canadian can't really do

 

[Naturgrl]

Hi. My husband came with me on an open work permit (I'm a student). His open-work permit expires in 8 months. Now he got a permanent job offer from his current employer, how can he apply for a new work permit from inside Canada? (He doesn't want to renew the SOWP as he wants to be eligible for the Alberta Opportunity stream). Does the employer need to apply for Lima? Is it before or after signing the contract (He is supposed to sign the contract next week, and start working the first week of January. Do you think that after signing the contract if he told his employer that he doesn't want to renew his open work permit and needs his support (LIMA) that there is a chance that they will kick him out? Knowing that his job is a worker in a warehouse, so it's nothing fancy that any other Canadian can't really do

The employer needs to file for a LMIA so he can apply for a closed work permit when his permit expires. The employer can refuse to file for the LMIA. They will need to post the job and prove no one could be hired. What do you mean kick him out? If you mean, terminate his contract, yes they can do that since he can only work in Canada another 8 months.

 

[meme13422]

The employer needs to file for a LMIA so he can apply for a closed work permit when his permit expires. The employer can refuse to file for the LMIA. They will need to post the job and prove no one could be hired. What do you mean kick him out? If you mean, terminate his contract, yes they can do that since he can only work in Canada another 8 months.

Thank you for the detailed answer. So, any ideas of the chances of an employer agreeing to do a LIMA for warehouse employees? I'm assuming since they offered him a permanent contract, the 1k LIMA cost & process isn't really a big deal for such an established warehouse, at the same time, I'm worried if my husband insisted on this, claiming that he doesn't have another option, they will terminate his contract

 

[Naturgrl]

Thank you for the detailed answer. So, any ideas of the chances of an employer agreeing to do a LIMA for warehouse employees? I'm assuming since they offered him a permanent contract, the 1k LIMA cost & process isn't really a big deal for such an established warehouse, at the same time, I'm worried if my husband insisted on this, claiming that he doesn't have another option, they will terminate his contract

Sorry I can’t tell you chances. The employer needs to fill out all the paperwork and show proof of posting to hire a Canadian or PR. The job has to meet wage requirements. The IRCC website outlines requirements for employers to file for the LMIA. Unfortunately your husband is on a work permit so the employer is under no obligation to keep your husband employed past the expiry date on his permit. Is he eligible for immigration through PNP?

 

[meme13422]

Sorry I can’t tell you chances. The employer needs to fill out all the paperwork and show proof of posting to hire a Canadian or PR. The job has to meet wage requirements. The IRCC website outlines requirements for employers to file for the LMIA. Unfortunately your husband is on a work permit so the employer is under no obligation to keep your husband employed past the expiry date on his permit. Is he eligible for immigration through PNP?

He needs the closed work permit for that