Work Permit but NO Job

[astasi]

My situation is that after an endless wait for the temporary resident visa (work permit) which I finally received on 7th April 2010 my employer is no longer keen to honour my employment contract saying that the position is no longer available and he is unable to hire me.

On enquiring with my employer he said that there was a delay in LMO & visa processing which lead him to hire local canadian staff, which is not true as the employer himself had advised that the entire process will take about 2-3 months once the LMO application has been filed.

I have tried unsuccessfully for jobs with other Canadian employers as well. I no longer have the patience for the lengthy LMO process & the subsequent resident visa application with the total process from job interview to work permit taking more then 4 months.

Is my employer legally not bound to honour my employment contract and offer me employment? Any advise/solution on my situation is welcome.

 

[Leon]

You can locate the employment standards office in the province where the employer is located and ask them but generally people can be laid off any time for any reason during the first 3 months of their contract and also after that if the employer does not have enough work. Even if he did honor his contract and bring you over, he could still lay you off on your first day and you would be put in the position of having no claim to unemployment benefits and would need to find a new employer and get a new LMO and work permit for that job before you could start.

 

[astasi]

Thanks Leon for your reply.

I need one more clarification. My TRV says I am on a W1 visa. Does it imply that my work permit is valid only for employment with the present employer and if I get another job the new employer shall be required to file for a new LMO & I wolud need to apply for a change in my TRV?

Thanking in advance.

 

[job_seeker]

Thanks Leon for your reply.

I need one more clarification. My TRV says I am on a W1 visa. Does it imply that my work permit is valid only for employment with the present employer and if I get another job the new employer shall be required to file for a new LMO & I wolud need to apply for a change in my TRV?

Thanking in advance.

Are you in Canada now? The WP and TRV are two different documents. One is pasted on your passport (TRV-W1 either single entry or multiple), and the other one is loose but usually stapled to the passport. If you are now in Canada and have a WP, your work permit is valid only for the employer for whom your LMO/WP is named. You'd have to apply again for a WP once you have a new LMO. Your TRV is not "tied" to your employer but the WP is.

 

[astasi]

Thanks job_seeker for your reply.

Since my employer terminated my contract I never made the trip to Canada and I am in home country at present.

Would you advise that instead of mailing my resumes from my home countrty I should travel to Canada and do the job search there as I still hold a valid TRV? As i have read from other posts on this forum the Canadian employers rarely respond to job requests from overseas applicants largely due to the lenghty LMO process and if the applicant is in Canada one can simultaneously process the LMO application and the TRV for your new employer, thus saving valuable time.

I have enough funds to support me for a couple of months.

 

[siddharthrege]

My situation is that after an endless wait for the temporary resident visa (work permit) which I finally received on 7th April 2010 my employer is no longer keen to honour my employment contract saying that the position is no longer available and he is unable to hire me.

On enquiring with my employer he said that there was a delay in LMO & visa processing which lead him to hire local canadian staff, which is not true as the employer himself had advised that the entire process will take about 2-3 months once the LMO application has been filed.

I have tried unsuccessfully for jobs with other Canadian employers as well. I no longer have the patience for the lengthy LMO process & the subsequent resident visa application with the total process from job interview to work permit taking more then 4 months.

Is my employer legally not bound to honour my employment contract and offer me employment? Any advise/solution on my situation is welcome.

How did you solve these situations. Would you able to enter Canada and obtain work permit ?

 

[Buletruck]

It's a 12 year old post....an response from the OP is unlikely to happen.

 

[siddharthrege]

It's a 12 year old post....an response from the OP is unlikely to happen.

What can be the best step now if the Employer haven't withdraw offer but they asked to hold on because they hired someone else on temporary basis. Immigration consultant who done all process said ' there is no job offer cancellation uptill now". What can be the good step for TFW. Wait for the next instructions. Can anyone guide in this scenario ? I am in two mind.