Skilled Worker on closed work permit being terminated

[european313]

Hello,
I just had to part ways with my employer who sponsored me to move to Canada 11 months ago.
As their contract establishes their obligations to minimum legal terms, I have been given a one week termination notice (without cause)... after which my contract will end.
My work visa status was through a fast process Skilled Worker program (no labour assessment etc) and allows me to only work for that employer.
I would like to know what my options are and especially how time sensitive they are...
A) can I convert to an Open Work permit (any idea how likely it is for Skilled Worker and processing time) ?
B) if I find another Canadian employer willing to sponsor me it's likely it won't happen before one week (when I effectively loose the contract with my current employer/sponsor). Will I be able to apply for a work permit after ?
C) would it make sense to apply now for an Open Work permit and still look for a job and in case I find a sponsorship before the Open Work permit is approved revoke the OWP and switch to sponsored work permit ?

My visa ends in 2020.
I have a work permit that allows me to work only for a certain employer.
My contract with that employer terminates in one week.
I was granted work visa through Skilled Worker (no labour market assessment).

I would really like to stay in Canada and I want to make sure to be doing the right time sensitive things....


Thanks!

 

[scylla]

Hello,
I just had to part ways with my employer who sponsored me to move to Canada 11 months ago.
As their contract establishes their obligations to minimum legal terms, I have been given a one week termination notice (without cause)... after which my contract will end.
My work visa status was through a fast process Skilled Worker program (no labour assessment etc) and allows me to only work for that employer.
I would like to know what my options are and especially how time sensitive they are...
A) can I convert to an Open Work permit (any idea how likely it is for Skilled Worker and processing time) ?
B) if I find another Canadian employer willing to sponsor me it's likely it won't happen before one week (when I effectively loose the contract with my current employer/sponsor). Will I be able to apply for a work permit after ?
C) would it make sense to apply now for an Open Work permit and still look for a job and in case I find a sponsorship before the Open Work permit is approved revoke the OWP and switch to sponsored work permit ?

My visa ends in 2020.
I have a work permit that allows me to work only for a certain employer.
My contract with that employer terminates in one week.
I was granted work visa through Skilled Worker (no labour market assessment).

I would really like to stay in Canada and I want to make sure to be doing the right time sensitive things....


Thanks!

A) No.
B) Yes, you can apply for a new closed work permit if you are able to find a new employer willing to give you a job offer. Depending on the nature of the job, that employer may also need to provide you with an approved LMIA before you can apply for the new closed work permit.
C) No - again, you don't qualify for an open work permit.

 

[european313]

Thank you so much for your answer!

Could you elaborate on why I wouldnt be eligible for an OWP ? The HR at my employer's suggested it as a possibility (they said it depends on a case by case basis)

Is there a difference for a Canadian employer to change sponsorship while the contract is still active or would they have to go through the same process regardless my contract with the original employer is still active or not ?

Thanks again

 

[scylla]

Thank you so much for your answer!

Could you elaborate on why I wouldnt be eligible for an OWP ? The HR at my employer's suggested it as a possibility (they said it depends on a case by case basis)

Is there a difference for a Canadian employer to change sponsorship while the contract is still active or would they have to go through the same process regardless my contract with the original employer is still active or not ?

Thanks again

OWP is definitely not case by case. You have to meet specific criteria to qualify for an OWP. It doesn't sound like your HR is familiar with Canadian immigration rules and I wouldn't recommend that you rely on them for advice. See here for accurate info:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=

To answer your second question, the process is the same regardless of whether your contract is still active or not.

 

[Patella L]

A) No.
B) Yes, you can apply for a new closed work permit if you are able to find a new employer willing to give you a job offer. Depending on the nature of the job, that employer may also need to provide you with an approved LMIA before you can apply for the new closed work permit.
C) No - again, you don't qualify for an open work permit.

Hi I would like some insight in my situation

I was just recently granted a CWP and my spouse an OWP till Oct 2020.
We were both under IEC on OWP so we have worked since 2016.
We also have PNP I guessed based on this employer and his offer of employment.


1. My employer has now cut my hours, will this affect my CWP in any way?
2. What if he decides to lay me off? Can I apply for EI
3. Am I eligible to apply for OWP now?

Pls help, every little bit of info helps thank you in advance !

 

[scylla]

Hi I would like some insight in my situation

I was just recently granted a CWP and my spouse an OWP till Oct 2020.
We were both under IEC on OWP so we have worked since 2016.
We also have PNP I guessed based on this employer and his offer of employment.


1. My employer has now cut my hours, will this affect my CWP in any way?
2. What if he decides to lay me off? Can I apply for EI
3. Am I eligible to apply for OWP now?

Pls help, every little bit of info helps thank you in advance !

Are you a PNP candidate or have you already applied under PNP and been nominated by your province?

 

[Patella L]

Are you a PNP candidate or have you already applied under PNP and been nominated by your province?

I have already been nominated. Got Letter of approval? What does this mean for me

 

[canuck78]

Confused? Thursday you said you haven't received CWP. What is the full story. To qualify for mat leave payments you must have worked 600 hours in the year before your birth.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pregnant-closed-work-permit-pnp-candidate-applied-in-canada.591340/#post-7333421

 

[Patella L]

Confused? Thursday you said you haven't received CWP. What is the full story. To qualify for mat leave payments you must have worked 600 hours in the year before your birth.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pregnant-closed-work-permit-pnp-candidate-applied-in-canada.591340/#post-7333421

My IEC expired. Under implied status I continued to work.

My CWP was refused end of September due to my employer filing it in under wrong category, my implied status ended with that refusal letter so I stopped working for two - three weeks. Employer fixed problem but rather than waiting another 2-3 months for permit to come through we flagpoled and was granted our permits. Along with all of this we have been nominated by PNP.

Having been unemployed in those three weeks my employer had to fill some of my hours/ shifts (cutting my hours short).

Hope that clears it up

 

[canuck78]

My IEC expired. Under implied status I continued to work.

My CWP was refused end of September due to my employer filing it in under wrong category, my implied status ended with that refusal letter so I stopped working for two - three weeks. Employer fixed problem but rather than waiting another 2-3 months for permit to come through we flagpoled and was granted our permits. Along with all of this we have been nominated by PNP.

Having been unemployed in those three weeks my employer had to fill some of my hours/ shifts (cutting my hours short).

Hope that clears it up

You actually never had implied status after IEC. Both IEC don't qualify for implied status.
1.Reduced hours don't change your CWP.
2. You'll have see if you've paid enough into the system to qualify for EI.
3. No you don't qualify for an OWP. You could either find a new employer willing to go through LMIA and closed work permit. Given that you are pregnant that will be tough. If your partner can find a job willing to apply for an LMIA and a work permit then you can apply for an OWP.

 

[Raj029]

Hi Guys
I would like to know few things about my status...I applied for federal on March 18th As I got the file number on May 7th 2019 and later I got closed work permit for two years till 2020 as a food service supervisor for a particular restaurant.
The issue is my employer is selling his business..if he sells the business For random guy. If the new owner terminates me.
What is my status of work permit ??

 

[MS2017]

your work permit will be still valid until it's the expiry date. even if they terminated you.

 

[Zkstark]

Hi I have the same situation.
Got terminated and my application for Pr only 5 months left.
What can I do to keep that process going !!

 

[scylla]

Hi I have the same situation.
Got terminated and my application for Pr only 5 months left.
What can I do to keep that process going !!

How did you apply for PR? Termination doesn't necessarily impact the PR process.

 

[Zkstark]

How did you apply for PR? Termination doesn't necessarily impact the PR process.

Hi
I have applied PR true PNP paper base.
Only 5 months left for my application.