Bridging open work permit

[Bigu]

I have been approved in principal for PR through CEC and have applied for a Bridging open work permit. My employer(hospital) wants to employ me but are concerned that they might be challenged by a Canadian citizen or PR. I believe that as I will have an open work permit that does not require an LMO then that is not the case? If not, I can take a 7 month locum until my PR comes through then they will advertise for a permanent position and give it to me then. I would much prefer to take the job now to get on with my life but do not want to take any chances! Please advise? Thanks

 

[LPS]

No need for LMO if you have an open work permit.

 

[Bigu]

I appreciate that however healthmatchbc.org who support applicants to hospitals said this in response about a BOWP
"
Unfortunately, the answer is no.

By law in Canada, employers are required to consider and give priority to Canadian citizens/Permanent Residents before considering a foreign Candidate and it is only if and when the employer is unable to fill a position with a Canadian citizen/Permanent Resident that they should consider a foreign candidate.

The Bridging Work Permit only allows you remain in Canada as a permanent resident applicant, whose work permit is due to expire, with a means to keep working. Previously, your employer would have had to apply for a new LMO if they wish to retain you OR you would have had to leave Canada until the Permanent Residency application is approved."
Are they wrong ie I would be on equal footing? I thought so as I do not have to do an LMO with a BOWP?!

 

[LPS]

Certainly, to apply for an LMO the employer "by law" must prove that they tried to hire Canadian citizens and permanent residents first.

But if you are on an open work permit, an employer does not need to seek a positive LMO in order to hire you. They just need to observe the conditions of your permit, most importantly the expiry date.

Now, the other issue is more complicated. You are still a temporary foreign worker. An employer may have a policy to hire citizens and permanent residents first.

But, if the TFW has an open permit, and doesn't need an LMO, is it a level playing field, or is the employer still required "by law" to give priority to Canadian citizens and permanent residents? I'm not sure about this. I assumed that there is a level playing field here.

 

[Bigu]

That's what I thought! Ie level playing field. Just can't take the risk really. Trying to get a definite answer is proving tough!

 

[thisisauser]

That's what I thought! Ie level playing field. Just can't take the risk really. Trying to get a definite answer is proving tough!

From a legal perspective, Open Work Permit is more than enough for your employer. They will not be bothered by the Federal Government why they hired you over a Canadian citizen or PR.

From a local or corporate regulatory perspective, it's a different story and could vary case by case.