Closed work permit and losing job

[sach001]

Hi All,

I am new to the forum and need your expert advise. I have gone through some of forum but everyone has a different scenario so planned to post a question here
1. I have came to Canada on Jan 2. Currently I am in closed WP (with LMIA exemption) as I was working from India and came to Canada for the same client. Now the client contract is getting over by June 8 and my company may ask me to leave Canada. I understand for any new employer to give me a job they have to go through the LMIA route which wont be done prior to June 8. If my company pushes me to go back to India, can I quit and still stay in Canada legally on closed work permit? And meanwhile I can continue searching for the employer who can do a LMIA for me to start working again.
2. My wife is currently on OWP which she applied based on my closed WP. Planning to get higher education we have applied Study permit for her. Chances to get her study permit approved prior to June 8 is little less as processing time for Study permit is 5 weeks and we have applied it on May 15.
- What is possibility of rejection of Study permit?
- Can I apply OWP based on her approved Study permit? It may be the case that by then I have quit my current job as my company is keen in sending me back. What' the possibility of rejection is such cases?

Let me know if you need any more information. Any other suggestion in this scenario are more than welcome.

 

[canuck_in_uk]

Hi All,

I am new to the forum and need your expert advise. I have gone through some of forum but everyone has a different scenario so planned to post a question here
1. I have came to Canada on Jan 2. Currently I am in closed WP (with LMIA exemption) as I was working from India and came to Canada for the same client. Now the client contract is getting over by June 8 and my company may ask me to leave Canada. I understand for any new employer to give me a job they have to go through the LMIA route which wont be done prior to June 8. If my company pushes me to go back to India, can I quit and still stay in Canada legally on closed work permit? And meanwhile I can continue searching for the employer who can do a LMIA for me to start working again.
2. My wife is currently on OWP which she applied based on my closed WP. Planning to get higher education we have applied Study permit for her. Chances to get her study permit approved prior to June 8 is little less as processing time for Study permit is 5 weeks and we have applied it on May 15.
- What is possibility of rejection of Study permit?
- Can I apply OWP based on her approved Study permit? It may be the case that by then I have quit my current job as my company is keen in sending me back. What' the possibility of rejection is such cases?

Let me know if you need any more information. Any other suggestion in this scenario are more than welcome.

Hi

You can stay as long as your work permit is valid but you cannot work for another employer unless you get a new work permit.

If your wife gets a study permit, you can apply for an OWP based on her status and will be able to work once she starts studying.

 

[sach001]

Thank you for you response. Do we have stats of possibility of rejections for Student visa and open work permit applying from inside Canada?
Also anything which I need to pay special attention while applying.

 

[canuck_in_uk]

Thank you for you response. Do we have stats of possibility of rejections for Student visa and open work permit applying from inside Canada?
Also anything which I need to pay special attention while applying.

No, I don't know stats.

Just follow the guide and checklist.

 

[kesh2k2]

Hi All,

I am new to the forum and need your expert advise. I have gone through some of forum but everyone has a different scenario so planned to post a question here
1. I have came to Canada on Jan 2. Currently I am in closed WP (with LMIA exemption) as I was working from India and came to Canada for the same client. Now the client contract is getting over by June 8 and my company may ask me to leave Canada. I understand for any new employer to give me a job they have to go through the LMIA route which wont be done prior to June 8. If my company pushes me to go back to India, can I quit and still stay in Canada legally on closed work permit? And meanwhile I can continue searching for the employer who can do a LMIA for me to start working again.
2. My wife is currently on OWP which she applied based on my closed WP. Planning to get higher education we have applied Study permit for her. Chances to get her study permit approved prior to June 8 is little less as processing time for Study permit is 5 weeks and we have applied it on May 15.
- What is possibility of rejection of Study permit?
- Can I apply OWP based on her approved Study permit? It may be the case that by then I have quit my current job as my company is keen in sending me back. What' the possibility of rejection is such cases?

Let me know if you need any more information. Any other suggestion in this scenario are more than welcome.

Hi All,

I am new to the forum and need your expert advise. I have gone through some of forum but everyone has a different scenario so planned to post a question here
1. I have came to Canada on Jan 2. Currently I am in closed WP (with LMIA exemption) as I was working from India and came to Canada for the same client. Now the client contract is getting over by June 8 and my company may ask me to leave Canada. I understand for any new employer to give me a job they have to go through the LMIA route which wont be done prior to June 8. If my company pushes me to go back to India, can I quit and still stay in Canada legally on closed work permit? And meanwhile I can continue searching for the employer who can do a LMIA for me to start working again.
2. My wife is currently on OWP which she applied based on my closed WP. Planning to get higher education we have applied Study permit for her. Chances to get her study permit approved prior to June 8 is little less as processing time for Study permit is 5 weeks and we have applied it on May 15.
- What is possibility of rejection of Study permit?
- Can I apply OWP based on her approved Study permit? It may be the case that by then I have quit my current job as my company is keen in sending me back. What' the possibility of rejection is such cases?

Let me know if you need any more information. Any other suggestion in this scenario are more than welcome.

 

[kesh2k2]

I am on closed wp too. Why are they asking to quit the job? It cannot happen like that you are on contract on job offer letter.

 

[scylla]

I am on closed wp too. Why are they asking to quit the job? It cannot happen like that you are on contract on job offer letter.

That's not true. A contract doesn't guarantee a job. Contracts can be ended early by the employer.

 

[kesh2k2]

It can be ended on a valid reason, because it takes a lot of time to get lmia.

 

[canuck_in_uk]

1. I don’t think you can stay after quitting the job. Closed work permit is tied to the employer who applied and obtained LMIA exemption for the post.
2. Since your wife came as a dependent, she can not be a primary applicant for your open work permit. I was in similar situation and consulted an immigration lawyer and was told that it’s not possible.
3. It’s almost impossible to get a new job in this situation. Employers prefer to hire a candidate with an appropriate legal status.
Additionally, I believe you may also be planning to apply for PR in near future. I won’t recommend ypu to take any step which might result in a red flag on your profile when you apply for a PR.

Final decision is always yours..Good Luck!

Bad information. As I already stated:

1. OP can stay as long as the work permit is valid, regardless of whether he is employed or not.

2. OP's wife can certainly apply for a study permit and OP can apply for an OWP along with her.

 

[ayuki117]

Hi

You can stay as long as your work permit is valid but you cannot work for another employer unless you get a new work permit.

If your wife gets a study permit, you can apply for an OWP based on her status and will be able to work once she starts studying.

hi, are you sure that with a closed work permit and i can loss my job and still stay in Canada till the date of my closed work permit expires?

Also, since I am waiting for my PR, should i apply for a visitor visa/record if i loss my job to change my status from worker to visitor?

Lastly, just to let everybody know, I got my closed work permit with my company in Oct 2018 but my company recently received a letter requiring all kinds of employment records for my work permit....

So that's why I don't know what is the best practice if i loss my job on closed work permit during PR waiting time...

 

[scylla]

hi, are you sure that with a closed work permit and i can loss my job and still stay in Canada till the date of my closed work permit expires?

Also, since I am waiting for my PR, should i apply for a visitor visa/record if i loss my job to change my status from worker to visitor?

Lastly, just to let everybody know, I got my closed work permit with my company in Oct 2018 but my company recently received a letter requiring all kinds of employment records for my work permit....

So that's why I don't know what is the best practice if i loss my job on closed work permit during PR waiting time...

Yes - you can stay in Canada until your work permit expires even if you have lost your job. No - you don't need to change your status to visitor.

If you lose your job, you can certainly try applying for a BOWP. Normally IRCC requires your work permit to be expiring in 4 months or less however exceptions seem to be made in situations where someone has lost their job (you'll need to provide evidence that you have been let go).

 

[ayuki117]

Yes - you can stay in Canada until your work permit expires even if you have lost your job. No - you don't need to change your status to visitor.

If you lose your job, you can certainly try applying for a BOWP. Normally IRCC requires your work permit to be expiring in 4 months or less however exceptions seem to be made in situations where someone has lost their job (you'll need to provide evidence that you have been let go).

I applied through PEQ, not regular PNP, so I don't think there is a BOWP that i can apply for ...

 

[ayuki117]

Yes - you can stay in Canada until your work permit expires even if you have lost your job. No - you don't need to change your status to visitor.

If you lose your job, you can certainly try applying for a BOWP. Normally IRCC requires your work permit to be expiring in 4 months or less however exceptions seem to be made in situations where someone has lost their job (you'll need to provide evidence that you have been let go).

i just called CIC, they told me that if i loss my job, i need to apply for VR asap. bcuz the closed work permit is no longer valid if you stop working

 

[ayuki117]

did someone already went through this situation and can confirm what to do???

 

[scylla]

i just called CIC, they told me that if i loss my job, i need to apply for VR asap. bcuz the closed work permit is no longer valid if you stop working

Help desk gives out bad information all of the time. Don't rely on anything they tell you.