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Can I stay in Canada after my closed work permit expires but my spouse get a job here?

A

ahsan_cse2004

Full Member
Sep 19, 2021
34
1
Hi All,

I came to Toronto on my closed work permit(NOC 2173) in Dec 2021. Along came my wife on SOWP and two daughters on visitor records. All of these are valid till Aug 2023. My wife is not yet working in Canada.

Now I am having issues with my employer and I am thinking of resigning from the job.

Is it possible that my spouse can get a job (LMIA approved/LMIA exempt) before that period and we can still stay in Canada after my closed work permit expires but her new permit allows us to stay? Will it be a closed work permit or a new open work permit for her? What type of work permit/legal status will we get for me and my daughters?

Or

Is it possible that I can change my closed work permit to open work permit and can change my job?

We already have completed one year here and I have created my express entry profile with a score of 430 so we are waiting for our PR. We just don't want to leave Canada because of a bad employer?

Thank you
 
N

Naturgrl

VIP Member
Apr 5, 2020
47,592
10,376
ahsan_cse2004 said:
Hi All,

I came to Toronto on my closed work permit(NOC 2173) in Dec 2021. Along came my wife on SOWP and two daughters on visitor records. All of these are valid till Aug 2023. My wife is not yet working in Canada.

Now I am having issues with my employer and I am thinking of resigning from the job.

Is it possible that my spouse can get a job (LMIA approved/LMIA exempt) before that period and we can still stay in Canada after my closed work permit expires but her new permit allows us to stay? Will it be a closed work permit or a new open work permit for her? What type of work permit/legal status will we get for me and my daughters?

Or

Is it possible that I can change my closed work permit to open work permit and can change my job?

We already have completed one year here and I have created my express entry profile with a score of 430 so we are waiting for our PR. We just don't want to leave Canada because of a bad employer?

Thank you
Click to expand...
If your wife gets a LMIA, she can apply for a closed work permit. You may be eligible for a SOWP depending on the NOC. You are not eligible of an SOWP unless your wife gets LMIA and job. 430 is low for EE so how are you hoping for PR.
 
A

ahsan_cse2004

Full Member
Sep 19, 2021
34
1
Naturgrl said:
If your wife gets a LMIA, she can apply for a closed work permit. You may be eligible for a SOWP depending on the NOC. You are not eligible of an SOWP unless your wife gets LMIA and job. 430 is low for EE so how are you hoping for PR.
Click to expand...
Thank you @Naturgrl

So I know 430 is low for EE but I am looking forward to PNP or CEC to get PR.
 
A

ahsan_cse2004

Full Member
Sep 19, 2021
34
1
Naturgrl said:
There was just a draw this week for that NOC with 484 minimum CRS score. OINP draws are usually around 460-470.

https://www.ontario.ca/page/2022-ontario-immigrant-nominee-program-updates#section-0
Click to expand...
Thank you @Naturgrl

What if my wife gets a job as Home Support Worker(NOC 44101) under
Home Child Care Provider and Home Support Worker pilots program and she gets gaining experience work permit because she is not working yet, will I and my daughters be getting open work permit and my closed work permit end?

What will be status of my work permit when her work permit gets approved?

Will I be on closed work permit because of my employer or on open work permit because of my wife's OROWP?

What about my daughters who are on visitor records?

My wife has rather less qualifications(high school passed) and English proficiency(CLB level 5) but should be sufficient for this program. Is there any other program you suggest for her that can help us in faster PR?
 
N

Naturgrl

VIP Member
Apr 5, 2020
47,592
10,376
ahsan_cse2004 said:
Thank you @Naturgrl

What if my wife gets a job as Home Support Worker(NOC 44101) under
Home Child Care Provider and Home Support Worker pilots program and she gets gaining experience work permit because she is not working yet, will I and my daughters be getting open work permit and my closed work permit end?

What will be status of my work permit when her work permit gets approved?

Will I be on closed work permit because of my employer or on open work permit because of my wife's OROWP?

What about my daughters who are on visitor records?

My wife has rather less qualifications(high school passed) and English proficiency(CLB level 5) but should be sufficient for this program. Is there any other program you suggest for her that can help us in faster PR?
Click to expand...
There is no fast way to PR for you. Does your wife have post secondary education (ECA for at least a year)? That is a requirement.

You cannot work for anyone on your current work permit.

So she needs a job with LMIA to apply for a closed work permit. Then she needs Canadian experience. If she doesn’t have post secondary education she cannot apply for PR.

Because her LMIA and NOC is not skilled then don’t believe you are eligible for a work permit. Daughters can extend visitor records.
 
A

ahsan_cse2004

Full Member
Sep 19, 2021
34
1
Thank you @Naturgrl for explaining it.
So yes she has post secondary education and we can get ECA done.

Is it mandatory that she gets a LMIA approved job for me to get open work permit?

Suppose if she gets an LMIA approved job for herself how soon my status will change from closed work permit to open work permit? Immediately after she gets her closed work permit or after my closed work permit expires and then my open work permit kicks in as open work permit on her behalf?

In other words, Can I be on two work permit simultaneously?

Thank you
 
N

Naturgrl

VIP Member
Apr 5, 2020
47,592
10,376
ahsan_cse2004 said:
Thank you @Naturgrl for explaining it.
So yes she has post secondary education and we can get ECA done.

Is it mandatory that she gets a LMIA approved job for me to get open work permit?

Suppose if she gets an LMIA approved job for herself how soon my status will change from closed work permit to open work permit? Immediately after she gets her closed work permit or after my closed work permit expires and then my open work permit kicks in as open work permit on her behalf?

In other words, Can I be on two work permit simultaneously?

Thank you
Click to expand...
If she does not have a LMIA then how is she eligible for work permit? Or is she applying through HCCP directly? If HCCP, does she have any experience in Canada? Does she meet HCCP requirements which may take a year or more to be approved with her job offer?

You are not eligible at this time for an open permit based on her closed work permit because her job is TEER 4.
 
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