Closed work permit to open work permit

[MeHappy]

I have had a LMIA based closed work permit since November 2017 valid for 2 years. I have worked around 8 months with an employer as a long haul truck driver, until my employer’s abusive behaviour become unbearable.

I have been offered a new job by other employers who also have given me an offer letter. I have been advised to apply for an open work permit and change or restore the conditions of my work permit, using IMM5710 form.

I have two questions, if someone has experience or knowledge.

1. Is it possible to change my closed work permit to open or change of employer?
2. If I do apply and my application gets rejected, will it change my conditions of stay in canada? My closed work permit is valid until end of next year.

I may have only two options;

1. Find another employer with approved LMIA and get a new work permit; or,
2. I should try for an open work permit with a new employer?

Please advise

 

[scylla]

I have had a LMIA based closed work permit since November 2017 valid for 2 years. I have worked around 8 months with an employer as a long haul truck driver, until my employer’s abusive behaviour become unbearable.

I have been offered a new job by other employers who also have given me an offer letter. I have been advised to apply for an open work permit and change or restore the conditions of my work permit, using IMM5710 form.

I have two questions, if someone has experience or knowledge.

1. Is it possible to change my closed work permit to open or change of employer?
2. If I do apply and my application gets rejected, will it change my conditions of stay in canada? My closed work permit is valid until end of next year.

I may have only two options;

1. Find another employer with approved LMIA and get a new work permit; or,
2. I should try for an open work permit with a new employer?

Please advise

Based on the information you have provided, you don't qualify for an open work permit. If you want to switch employers, your new employer needs to obtain a new LMIA so that you can then apply for a new closed work permit tied to your new employer.

 

[MeHappy]

Thank you so much Scylla.

I am still hoping that some will answe my second question!

 

[PMM]

Hi

Thank you so much Scylla.

I am still hoping that some will answe my second question!

1. Scylla gave you the answer, you are not eligible for an open work permit.

 

[MeHappy]

Hi



1. Scylla gave you the answer, you are not eligible for an open work permit.

Is that your answer is for my 2nd question???

 

[canuck_in_uk]

I have had a LMIA based closed work permit since November 2017 valid for 2 years. I have worked around 8 months with an employer as a long haul truck driver, until my employer’s abusive behaviour become unbearable.

I have been offered a new job by other employers who also have given me an offer letter. I have been advised to apply for an open work permit and change or restore the conditions of my work permit, using IMM5710 form.

I have two questions, if someone has experience or knowledge.

1. Is it possible to change my closed work permit to open or change of employer?
2. If I do apply and my application gets rejected, will it change my conditions of stay in canada? My closed work permit is valid until end of next year.

I may have only two options;

1. Find another employer with approved LMIA and get a new work permit; or,
2. I should try for an open work permit with a new employer?

Please advise

2. Your closed work permit remains valid but you cannot work for a different employer.

 

[MeHappy]

will it remain valid even if they denied my 5710 application for OWP ?

I am worried if they will give me a notice to leave the country, since I am not working anymore?

 

[scylla]

will it remain valid even if they denied my 5710 application for OWP ?

I am worried if they will give me a notice to leave the country, since I am not working anymore?

You should not submit an application for something you don't qualify for. Refusals can complicate future application and your status in Canada.

You don't qualify for an open work permit. To change employers, you need a new closed work permit and your new employer must first obtain an approved LMIA. Don't apply for an open work permit.