Job lost on closed work permit

[Alex Murray]

Hello,

I need some guidance regarding my eligibility for BOWP and stay in Canada after job lost.

My employed laid me off recently while I was working with them on closed work permit (Inter Company Transfer). My closed "employed specific" work permit is valid until Nov 2022. I have already applied for PR and got AOR.

My questions;
1) Can I legally stay in Canada until expiry of my closed work permit?
2) Can I apply for BOWP now? considering my work permit is valid for more than 4 months and I dont have any other job offer in hand.

Thanks in advance.

 

[Naturgrl]

1. You can stay in Canada and not work.
2. You are not eligible for a BOWP because your permit must “have a valid work permit that expires in 4 months or less” as stated on the website.

 

[Alex Murray]

1. You can stay in Canada and not work.
2. You are not eligible for a BOWP because your permit must “have a valid work permit that expires in 4 months or less” as stated on the website.

Thanks for your quick help, Can you please help me with two more questions

1) In case of job lost is it mandatory to have 4 months or less expiry period or there are any exemptions to this rule?. I am wondering as it does not make sense. what would I do without job, it will be a burden on Employment Insurance.

2) Lets assume my work permit expiry is less within 4 months. Do i need job offer from employer to apply for BOWP?

thanks

 

[scylla]

Thanks for your quick help, Can you please help me with two more questions

1) In case of job lost is it mandatory to have 4 months or less expiry period or there are any exemptions to this rule?. I am wondering as it does not make sense. what would I do without job, it will be a burden on Employment Insurance.

2) Lets assume my work permit expiry is less within 4 months. Do i need job offer from employer to apply for BOWP?

thanks

You can try applying for the BOWP now stating that you have lost your job. We have seen this work in some cases. Make sure you provide evidence of this in the application.

You won't be able to start working for a new employer until the BOWP is approved.

 

[Naturgrl]

Thanks for your quick help, Can you please help me with two more questions

1) In case of job lost is it mandatory to have 4 months or less expiry period or there are any exemptions to this rule?. I am wondering as it does not make sense. what would I do without job, it will be a burden on Employment Insurance.

2) Lets assume my work permit expiry is less within 4 months. Do i need job offer from employer to apply for BOWP?

thanks

1. There are no exemptions. How will you be a burden as you live off your savings. Getting EI when you have been laid on a closed work permit is difficult to get as one of the conditions of EI is that you are available to work. You would not be so your claim may be denied.

2. No

Did you use points for PR - 50 job offer points?

 

[Naturgrl]

You can try applying for the BOWP now stating that you have lost your job. We have seen this work in some cases. Make sure you provide evidence of this in the application.

You won't be able to start working for a new employer until the BOWP is approved.

Poster said work permit doesn’t expire until November 2022, would he be able to apply with 16 months left on the work permit?

 

[scylla]

1. There are no exemptions. How will you be a burden as you live off your savings. Getting EI when you have been laid on a closed work permit is difficult to get as one of the conditions of EI is that you are available to work. You would not be so your claim may be denied.

2. No

I disagree with the first answer. We've actually seen several cases here where individuals managed to get BOWPs approved where a closed work permit had a remaining validity of longer than 4 months but where the employer had been released from the job. It's not a slam dunk by any means but it's worth a shot. People here have been successful.

 

[scylla]

Poster said work permit doesn’t expire until November 2022, would he be able to apply with 16 months left on the work permit?

Yes, I understand that. I'm saying that while there is no formal exceptions to this rule that I'm aware of, we have in fact seen a number of cases here where people were able to get BOWPs approved under these circumstances (i.e. closed work permit, fired by employer).

 

[Naturgrl]

I disagree with the first answer. We've actually seen several cases here where individuals managed to get BOWPs approved where a closed work permit had a remaining validity of longer than 4 months but where the employer had been released from the job. It's not a slam dunk by any means but it's worth a shot. People here have been successful.

Good to know. Wonder if the person has used the points (50) for PR for a job offer.

 

[Alex Murray]

1. There are no exemptions. How will you be a burden as you live off your savings. Getting EI when you have been laid on a closed work permit is difficult to get as one of the conditions of EI is that you are available to work. You would not be so your claim may be denied.

2. No

Did you use points for PR - 50 job offer points?

Thanks, I could be a big concern for me. Have you seen any case of EI being denied in this scenario? Can I say I am finding job and any employer can sponsor me Work permit while I am searching for jib

Also CIC site says “are ready, willing and capable of working each day”

please let me know your thoughts

 

[Alex Murray]

Good to know. Wonder if the person has used the points (50) for PR for a job offer.

No I did not use job offer points

 

[scylla]

Thanks, I could be a big concern for me. Have you seen any case of EI being denied in this scenario? Can I say I am finding job and any employer can sponsor me Work permit while I am searching for jib

Also CIC site says “are ready, willing and capable of working each day”

please let me know your thoughts

We have certainly seen refusals. Read through this thread.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/claiming-ei-while-on-closed-work-permit.165969/

 

[Naturgrl]

Thanks, I could be a big concern for me. Have you seen any case of EI being denied in this scenario? Can I say I am finding job and any employer can sponsor me Work permit while I am searching for jib

Also CIC site says “are ready, willing and capable of working each day”

please let me know your thoughts

The issue with a closed work permit is that you are not "ready, willing and capable of working each day." You can't get a job offer and start work now. If not on an open work permit, your employer needs a LMIA and then you need another closed work permit.