Can I apply for a new closed work permit with a new employer while waiting for my PR?

[Schwarz22]

Hi everyone,

I have the following situation and need some advise:

I am currently waiting for my PR with expected completion in May 2020 (my PR confirmation letter for submission is dated November 2019). My closed work permit is valid from March 2018 till the end of March 2020. As I learned from other threads, I have with my PR submission so called "implied status", which means that I am allowed to continue working for the same employer passed my closed work permit expiry date (right?). I am aware of the Bridging Open Work Permit for which I could apply in order to bridge the time between my current closed work permit and my PR. Unfortunately, the processing time right now is 108 days when submitting the application via mail (what somehow is the only option in the case of A75).

However, my question I would like to ask here is if I can apply for a new closed work permit with a new employer right now at the boarder (I plan a business trip next week to Europe) while I am waiting for my PR? Thereby I need to add that I plan to quit my current job by the end of February 2020 in order to start my new job at a new employer in March 2020. Furthermore, note that I added my job offer at my new employer to my PR application; would that be a problem when I apply for a new closed work permit prior to the PR decision? My total CRS score is 580.

Finally, in order to give enough information, my current employment is Postdoctoral Fellow at an University and my new employment would be Research Scientist at a private company.

I very much appreciate every advise in this matter and thank you very much for your time.

 

[scylla]

Hi everyone,

I have the following situation and need some advise:

I am currently waiting for my PR with expected completion in May 2020 (my PR confirmation letter for submission is dated November 2019). My closed work permit is valid from March 2018 till the end of March 2020. As I learned from other threads, I have with my PR submission so called "implied status", which means that I am allowed to continue working for the same employer passed my closed work permit expiry date (right?). I am aware of the Bridging Open Work Permit for which I could apply in order to bridge the time between my current closed work permit and my PR. Unfortunately, the processing time right now is 108 days when submitting the application via mail (what somehow is the only option in the case of A75).

However, my question I would like to ask here is if I can apply for a new closed work permit with a new employer right now at the boarder (I plan a business trip next week to Europe) while I am waiting for my PR? Thereby I need to add that I plan to quit my current job by the end of February 2020 in order to start my new job at a new employer in March 2020. Furthermore, note that I added my job offer at my new employer to my PR application; would that be a problem when I apply for a new closed work permit prior to the PR decision? My total CRS score is 580.

Finally, in order to give enough information, my current employment is Postdoctoral Fellow at an University and my new employment would be Research Scientist at a private company.

I very much appreciate every advise in this matter and thank you very much for your time.

No - the PR application does not give you implied status. This is a common misconception. Only a BOWP would give you implied status.

If you wish to continue working beyond March 2020, the easiest option is to apply for a BOWP (bridging open work permit).

If you want a new closed work permit for your new job, this will require an approved LMIA from your new employer. Since you say that you have added your job offer with new your employer to your PR application, I assume you must already have an approved LMIA - otherwise this wouldn't count as a job offer and you wouldn't get the points for it.

 

[Schwarz22]

No - the PR application does not give you implied status. This is a common misconception. Only a BOWP would give you implied status.

If you wish to continue working beyond March 2020, the easiest option is to apply for a BOWP (bridging open work permit).

If you want a new closed work permit for your new job, this will require an approved LMIA from your new employer. Since you say that you have added your job offer with new your employer to your PR application, I assume you must already have an approved LMIA - otherwise this wouldn't count as a job offer and you wouldn't get the points for it.

Thanks scylla for your response.

Regarding the implied status: I got this information from this help entry https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=189&top=17 . Is that statement wrong or why is that a misconception?

Regarding the BOWP: The processing times are enormously long, so do I have to leave the country or what can I do in my situation?

 

[scylla]

Thanks scylla for your response.

Regarding the implied status: I got this information from this help entry https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=189&top=17 . Is that statement wrong or why is that a misconception?

Regarding the BOWP: The processing times are enormously long, so do I have to leave the country or what can I do in my situation?

The statement in the link you've provided is certainly correct. Applying for PR is not the same thing as applying for a work permit. Read the information again, nothing in that link speaks to having implied status when a PR application is in progress. It only speaks to work permit applications.

 

[Schwarz22]

The statement in the link you've provided is certainly correct. Applying for PR is not the same thing as applying for a work permit. Read the information again, nothing in that link speaks to having implied status when a PR application is in progress. It only speaks to work permit applications.

Thanks for pointing that out and sorry about that. I wasn't careful enough here. But when I apply for the Bridging Open Work Permit, wouldn't my status change to be implied status, would it?

 

[scylla]

Thanks for pointing that out and sorry about that. I wasn't careful enough here. But when I apply for the Bridging Open Work Permit, wouldn't my status change to be implied status, would it?

Yes - it would change to implied status - however only as it relates to your current closed work permit. So being on implied status will allow you to continue working for your current employer past the expiry date of your current work permit. However you can't switch employers while under implied status. You will only be able to switch employers once the BOWP is approved and you actually hold an open work permit.

If BOWP processing times are around 100 days right now, I don't see how you can start working for your new employer in March unless your new employer has obtained an approved LMIA and you qualify for a closed work permit under this employer.