Holding Two Valid Work Permit Simultaneously

[moscatojuices]

Hello everyone,

I have a valid open work permit until September 2021 and work in a company as a full-time employee.
Also, I can apply for CWP under my OINP application.
I am wondering, could I have both open and closed work permit at the same time?


Regards,

Hi Sina, did you figure this out? This is an important question this forum hasn't reached consensus on yet.

My situation:

I’m an IEC open work permit holder, with a visa expiry date of 11 October 2022.

On 30 March this year, I applied for a new closed-work permit. My WP-EXT extension letter states: “Please attach this letter to your present work permit Number [XX] as proof that you are authorized to continue working with the same conditions (ie: employer and occupation) until July 28, 2022 or until a decision is made on your application, whichever is first. This extended period of work is authorized as per subsection 186(u) of the Immigration and Refugee Protection Regulations. If you leave Canada before a decision is made on your application, you will no longer be authorized to continue working.”

A decision has not been made on my application, and I have left Canada for vacation on 1 August.

Despite this statement, am I still okay to keep working once I return to Canada given my OWP expiry date of 11 October 2022?

Research I've done so far:

• Spoke to a good lawyer about it - she said that the WP-EXT is automated and doesn't take into account personal factors, like an individual also holding an IEC OWP that expires after the date mentioned in the letter, so I'm good to return to Canada and keep working
• On my GCKey account, there is a table with my permits/ETAs, it states the status of my OWP as "Valid" and there is a question mark that brings a "Document Status" popup which states "Your document is valid until the date shown. You will see a message if your document expires. Your document may be invalid or cancelled because 'we issued you a new document or there is new information about your application.'"
• Nothing on CIC website or IRPA imputes that applying for/or receiving a closed work permit invalidates the status of an existing work permit

I am of the view that holding multiple work permits is okay based on all publicly available information. Any updated thoughts would be welcome - @scylla I think you've previously mentioned you strongly believe that the old work permit would be cancelled after receiving the new one? Is that still your view? Is that also the case in the context of merely applying for a new closed work permit and the conditions stated on the automated WP-EXT letter?

Update: I also found this!

International Experience Canada (IEC) program participants changing work permit categories
For International Experience Canada (IEC), even though there is a discontinuation clause under the Youth Mobility Agreements, the clause only applies between one IEC participation and the next IEC participation. If a temporary resident applies for a work permit renewal (extension) in a category outside of the IEC program while their IEC work permit is still valid, they receive the authorization to work without a permit under paragraph R186(u), and the conditions of their IEC work permit continue until a decision is made. This period of time when they are authorized to work without a permit is not considered an extension of their IEC participation.

Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/authorization-work-without-work-permit-implied-status.html

 

[jatin12der]

Hey PMM,

Both the things you wrote above are not true.

1. CBSA - CIC plus a couple other sources (IRPA) confirmed what I said is true. Yes every closed work permit states what you quoted above. It does not mean you cannot have another one restricting to another employer only. I specifically checked because it doesn't make sense if some body needs to resign, complete notice period and then start a new job. So I needed to be absolutely sure and I have done this. It is perfectly valid to have two work permits. I am quoting just one reference (separate from my legal firm at the bottom).

2. Yes E&Y's primary business is Audit - every body knows that. But that doesn't mean they don't have a huge legal immigration department. The employer in my case was Microsoft, and they are one of biggest clients of E&Y in Canada. The business division handling this is called EGAN of E&Y. You can research a bit to discover the same as some one who has had first hand experience. This should help though.

http://www.eganllp.com/EL/en/Firm

Cheers.

Following should be ENLIGHTENING legal advice.
http://immigrationcanada.pro/immigrate/holding-multiple-canadian-work-permits-time/


Just quoting relevant sections here for those interested
"Where on the CIC site does it say I can get multiple work permits?

Like many things in immigration law, the CIC website is silent on this issue. Perhaps they don’t want to encourage the practise, who knows, but you won’t find any information there.

But an analysis of the law is revealing.

Nowhere in the Immigration and Refugee Protection Act does it state that when you get a new work permit, the old work permit is cancelled. In fact, the Regulations state that a work permit only becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable. It’s important to note that is does not become invalid when a second (or third, or fourth) work permit is issued.

As a result, holding multiple work permits is not prohibited anywhere in the law."

Hi FKL,
I will greatly appreciate you if you can confirm me that having 2 valid work permits for 2 different employers at the same time didn't cause any problem for you? actually I am in a similar situation as you were. one of my wp is expiring on 2023 dec while other one is valid until 2024 jul. But I want to continue my job with my previous employer. As i also contacted IRCC agent two times and they confirmed that my previous work permit is still valid but I'm still in doubt as many people say that agents on call can provide you wrong information as well. Please respond to my question thank you so much

 

[moscatojuices]

Hi FKL,
I will greatly appreciate you if you can confirm me that having 2 valid work permits for 2 different employers at the same time didn't cause any problem for you? actually I am in a similar situation as you were. one of my wp is expiring on 2023 dec while other one is valid until 2024 jul. But I want to continue my job with my previous employer. As i also contacted IRCC agent two times and they confirmed that my previous work permit is still valid but I'm still in doubt as many people say that agents on call can provide you wrong information as well. Please respond to my question thank you so much

Look, there is nowhere where it says that having one work permit invalidates the other. And IRCC itself says having an open work permit and study permit is fine. We can keep checking for all eternity and then take issue and nitpick everything we find. On the one hand you don't want to believe the IRCC itself (and you contacted them twice). On the other hand, you need to take anything on this forum with a grain of salt. And respectfully, fkl has been through all this and shared an immense amount of experience and I personally believe him.

I think there comes a moment where we just need to stop and say: "I've done my best. I tried to find all available information about this, and it looks like it's okay."

Also in your GCKey account it would list your permits and there would be a tab that says "Valid" or "Invalid". Correct? What does yours say? Take screenshots of it and save it - if both are "Valid", then what's the issue?????

 

[leila.mehrvar]

It is not possible. You can only have one valid permit at a time. You can not work for the new employer until you get your new work permit and as you get your new work permit, you may no longer work for the old employer.

Hello,

I am working with a closed work permit right now which will be expired at the end of August. I applied for an open work permit two months ago, however, it is still processing. I could find a new job position and I need to apply for a new closed work permit since I have not gotten any response for my open work permit application. Could you please help me to know if it is possible to apply for this new closed work permit while I have another application?
I would be more than happy if you can assist me.

 

[leila.mehrvar]

It is not possible. You can only have one valid permit at a time. You can not work for the new employer until you get your new work permit and as you get your new work permit, you may no longer work for the old employer.

Hello,

I am working with a closed work permit right now which will be expired at the end of August. I applied for an open work permit two months ago, however, it is still processing. I could find a new job position and I need to apply for a new closed work permit since I have not gotten any response for my open work permit application. Could you please help me to know if it is possible to apply for this new closed work permit while I have another application?
I would be more than happy if you can assist me.

 

[adina2u]

For future visitors to this thread, I found this ircc.canada.ca website (https://ircc.canada.ca/EnGLIsh/helpcentre/answer.asp?qnum=1653&top=17) that clearly states:
"Yes, you can hold 2 valid work permits at the same time. You must meet the conditions listed on each work permit.

If you’re issued a new work permit, your previous work permit remains valid until either

• it expires
• a removal order is enforced"

There is also a question mark next to 'Document Status' on your GCKey account that shows a pop-up that says: "Your document is valid until the date shown. You will see a message if your document expires." So that means if your previous work permit is no longer valid, then the message will change from "Your document is valid".

I also currently have 2 valid work permits. A valid Closed work permit and a valid VWOWP, so I can return to work for my previous employer even after my VWOWP has expired as long as the old Closed Work Permit is not expired.

Someone that has 2 closed work permits would have to make sure that he works for only the employers specified on each permit and meets the remaining conditions for the respective work permits.

 

[esther1995723]

Hello,

I'm relatively new to the forum, but I have a question here. My previous work permit expired on Sep 09th, and I applied for a BOWP on the 8th (PR application was submitted on Aug 06). I left the country on Nov 02 and returned yesterday (so I lost my maintained status.) My employer (VCH) submitted a LMIA exempt permit and paid the fees for me, and told me upon my arrival in Canada. After the border police reviewed my case, she told me either she can generate a work permit for me, but she thinks her approve the LMIA (closed work permit) will affect my PR application as I already have a BOWP in progress. She said it's up to me if I want to risk it.

I'm wondering if I me activating my closed work permit will it jeopardize my PR application as I'm waiting for my BOWP with the same position as my closed work permit?


I appreciate all your time and effort for whoever read this.

 

[canuck78]

Hello,

I'm relatively new to the forum, but I have a question here. My previous work permit expired on Sep 09th, and I applied for a BOWP on the 8th (PR application was submitted on Aug 06). I left the country on Nov 02 and returned yesterday (so I lost my maintained status.) My employer (VCH) submitted a LMIA exempt permit and paid the fees for me, and told me upon my arrival in Canada. After the border police reviewed my case, she told me either she can generate a work permit for me, but she thinks her approve the LMIA (closed work permit) will affect my PR application as I already have a BOWP in progress. She said it's up to me if I want to risk it.

I'm wondering if I me activating my closed work permit will it jeopardize my PR application as I'm waiting for my BOWP with the same position as my closed work permit?


I appreciate all your time and effort for whoever read this.

Did you work between sept 8th and November 2nd?

 

[esther1995723]

Did you work between sept 8th and November 2nd?

hello, thank you so much for replying! I worked from Sep 8th till Nov 01 on maintained status, so I worked, but never illegally.