Boss is saying go back india, closed work permit, ITA received

[livingincanada2016]

Hi everyone,

I am in very difficult situations. I got my ITA on Aug 9, 2017. Now my boss is asking me to go back to India. I am waiting for my PCC and will submit my application asap.

What should I do now? Can I stay without job in Canada or can I go back and let PR process continue or Can I apply for open work permit.

Please help

 

[Abh7shek]

Hi everyone,

I am in very difficult situations. I got my ITA on Aug 9, 2017. Now my boss is asking me to go back to India. I am waiting for my PCC and will submit my application asap.

What should I do now? Can I stay without job in Canada or can I go back and let PR process continue or Can I apply for open work permit.

Please help

The employer cannot force you to leave Canada. You can stay as long as your TRV is valid, however, you cannot work for any other employer.
You might be eligible for an open work permit if you TRV/ICT WP expires in the next 4 months, in which case you can work for any employer.
If you claimed points for a job offer then it might be a problem since that offer is no longer valid.
Good Luck!

 

[jes_ON]

Hi everyone,
Can I stay without job in Canada
Yes, you can stay as long as your temporary work permit is valid (TRV is not a residence permit, you only need that for air travel to Canada). Of course, you might be terminated or forced to resign, but your employer cannot make you leave Canada. Hopefully, you have the Letter of Reference aleady?

Of course you cannot work for any other employer on a closed work permit, only you would know if you could afford to stay in Canada without working You might be eligible for a bridging open work permit (BOWP) once you submit your eAPR.

or can I go back and let PR process continue
Yes, you can do that, there is no requirement that you remain in Canada during processing.

or Can I apply for open work permit.

Maybe, but you cannot work for any other employer until you receive it.

BOWP requires that you have submitted your eAPR and received the email AOR, that you are in Canada, and have a valid work permit due to expire within 4 months.

 

[NTINROCK]

Hi everyone,

I am in very difficult situations. I got my ITA on Aug 9, 2017. Now my boss is asking me to go back to India. I am waiting for my PCC and will submit my application asap.

What should I do now? Can I stay without job in Canada or can I go back and let PR process continue or Can I apply for open work permit.

Please help

You can stay in Canada but cannot work for any other employer. In your CEC application, if you have claimed 50 points for "Arranged Employment" then you will have to inform CIC, else there is no issue to go back and continue processing from India. You will have to inform CIC to change your address and other details but usually it is applicable only after AOR

 

[livingincanada2016]

Can I apply open work permit in case of loss of job? But work permit still valid till august 2018

 

[jes_ON]

Can I apply open work permit in case of loss of job? But work permit still valid till august 2018

The published rules do not make this exception - so technically, no. But others have succeeded. You can try, with a letter of explanation about the job loss. But there are no guarantees.

 

[livingincanada2016]

The published rules do not make this exception - so technically, no. But others have succeeded. You can try, with a letter of explanation about the job loss. But there are no guarantees.

Can I apply open work permit and leave canada, once approved I can come back and get a new open work permit at point of entry?

 

[livingincanada2016]

Anyone please suggest.

 

[anigdikar]

Can I apply open work permit in case of loss of job? But work permit still valid till august 2018

No, you are not eligible to apply for Open WP. I was in exactly same situation like you. My current closed WP was valid for 18 more months, but still I applied for Open WP. It got rejected saying "not eligible as my current WP is valid for more than 4 month".

 

[livingincanada2016]

No, you are not eligible to apply for Open WP. I was in exactly same situation like you. My current closed WP was valid for 18 more months, but still I applied for Open WP. It got rejected saying "not eligible as my current WP is valid for more than 4 month".

Did you provide letter of explanation stating your situation?

 

[anigdikar]

Did you provide letter of explanation stating your situation?

Yea I did... But as per clear rules, for obtaining Open WP your current WP has to be valid no more than 4 months

 

[jes_ON]

Can I apply open work permit and leave canada, once approved I can come back and get a new open work permit at point of entry?

Apart from anigdikar's bad experience, being in Canada is a requirement of the BOWP.

 

[raiseandshine]

Hi Everyone,

I am working in Canada on a closed WP since Nov 2015. I am planning to apply for PR through ExpressEntry/CEC. I have few questions...
1. It seems we need to show funds - $18,000 minimum in our bank account. Is this right? Some say this is not required for CEC profiles.
2. I created my profile saying I have a valid job offer (as I am working here in Canada). So I should get a offer letter from my employer which says job offer is valid for an year at least? Will there be any problem if I don't work for my current employer after getting PR (say if I resign before 1 year)?

I know my questions are inappropriate for this thread, will be glad if someone could help me with answers.

Thanks

 

[jes_ON]

Hi Everyone,

I am working in Canada on a closed WP since Nov 2015. I am planning to apply for PR through ExpressEntry/CEC. I have few questions...
1. It seems we need to show funds - $18,000 minimum in our bank account. Is this right? Some say this is not required for CEC profiles.

First suggestion - do NOT rely on what "some people say." IRCC provides the rules on its website. Become very familiar with them. Yes, there are somethings better explained here (that's the reason this site exists), but for basic program rules - you have to use the information provided by IRCC.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1145&top=29

Note: You do not have to meet the funds requirement if you were invited to apply under the Canadian Experience Class.

The system currently asks all applicants to provide a proof of funds document. If you don’t need to provide proof of funds, you must upload a letter explaining either that you have been invited to apply under the Canadian Experience Class, or that you have a valid job offer.

2. I created my profile saying I have a valid job offer (as I am working here in Canada).

Having a job in Canada is not a "valid job offer." A valid job offer is for the future, not past/present.
http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

So I should get a offer letter from my employer which says job offer is valid for an year at least? Will there be any problem if I don't work for my current employer after getting PR (say if I resign before 1 year)?

What kind of "closed permit" do you have? Rules are a bit different if you were LMIA-based or LMIA exempt.

After you land as a PR, you are not required to stay in that position.

 

[raiseandshine]

Hey jes_ON,
Thanks for your reply and suggestion.

I've been working for my employer (full time) for the past 8 years (1 year and 10 months in Canada). I am on closed work permit (ICT - intra company transfer) and that is LMIA exempt. My NOC - 2173

Well, so you mean I cannot mention that I have a valid job offer?

Thanks