Closed Work Permit to Open Work Permit

[JudaN]

Hello all,

My current Closed WP and my spouse's Open WP is expiring on August 30. We have applied for the Extension a month ago and its in process.

In the mean time, I have applied for PR and its in process too. I have done my medicals and waiting for my spouse's medicals and PPR.

Here is my problem:
My project end date is Sep 30. Is there a way to change my CWP to OWP? My spouse is working as a contractor with the OPEN workpermit.

I am confused of what to do. I am not sure whether he ll get a LMO to change his WP to CWP.

Please give me some suggestions on WP. Thank you so much.

 

[Leon]

The criteria for one of you to have an OWP is that the spouse is holding a CWP. You can not both get OWP's. Either you must get an extension and your spouse gets the OWP extended or your spouse must change from OWP to CWP and then you can get the spousal OWP to go with his CWP.

If you do get an LMO to extend your WP, regardless of the project end date, you would be allowed to stay in Canada as long as your WP is valid and your husband would keep his OWP for as long, even if your project ends and you get laid off. You would be able to look for another job in the meantime, apply for LMO's and if you get one approved, apply to change your work permit to the new employer.

 

[JudaN]

Thank you Leon.
My current employer have applied for my CWP and my spouse's OWP extension.

You are saying that Im legally allowed to stay in Canada with the CWP (even if laid off) and my husband continues with OWP and his work.

 

[imatwkrp]

Hi, JudaN. You are allowed to stay for as long as the CWP is valid. Whatever the expiration date on it is, that's when you are no longer allowed to stay. But if by any chance the CWP is valid longer than you are employed, then, yes, I believe you are correct that you can stay.

You need the CWP to stay. Technically, it's not the job that justifies your presence! It's the CWP.

 

[Leon]

Thank you Leon.
My current employer have applied for my CWP and my spouse's OWP extension.

You are saying that Im legally allowed to stay in Canada with the CWP (even if laid off) and my husband continues with OWP and his work.

Yes, you are allowed to stay in Canada until your CWP expires, regardless of if you have been laid off, fired or quit. You have the right to look for another employer, try to get a new LMO and a new work permit to match. Your husband's OWP is valid until your CWP expires so he can keep working. You may be eligible for EI unemployment. In the past foreign workers were often refused due to their inability to take any job but recently I have heard more stories of people being approved for EI. You should try it anyway.

 

[JoeG32]

Hi,

This is question for Leon. I am also on a Closed Work Permit. However, I should receive my Confirmation of Permanent Residency in the next two weeks because they have notified me of this. However, I am leaving the country on vacation in three weeks.

My question is, if I quit my job, and didn't have my COPR letter before I went on vacation, would I be permitted to enter the country again on my initial Closed Work Permit (expiry 31st December 2014)??

Any help is gratefully appreciated.

Joe

 

[jmsy]

Hi,

Iam working on a closed work permit(Intra-company transfer) and its valid till DEC 2015. I have a CEC PR application in progress with STAGE1 Approval (AOR#).

The question is : If my employer wants me to go back to my home country due to project unavailability, then there a way that I can apply for Bridge work permit? But for Bridging work permit , it states that my existing WORK Permit need to be expiring with next 4 months!!! which is not the case!!.
According to rule book , for me to apply BRIDGE i need to be in Canada until SEP 2015 which is not possible in current scenario.

Can i ask CIC and request them to issue a bridging work permit stating this reason and tell them that I want to remain in Canada and work with different employer !?
If I go back to home country then there is no concept of Bridging as it states that you need to be IN Canada for me to apply!. PLEASE ADVISE!!!.

Thanks in advance.

 

[PMM]

Hi

Hi,

Iam working on a closed work permit(Intra-company transfer) and its valid till DEC 2015. I have a CEC PR application in progress with STAGE1 Approval (AOR#).

The question is : If my employer wants me to go back to my home country due to project unavailability, then there a way that I can apply for Bridge work permit? But for Bridging work permit , it states that my existing WORK Permit need to be expiring with next 4 months!!! which is not the case!!.
According to rule book , for me to apply BRIDGE i need to be in Canada until SEP 2015 which is not possible in current scenario.

Can i ask CIC and request them to issue a bridging work permit stating this reason and tell them that I want to remain in Canada and work with dif

employer !?
If I go back to home country then there is no concept of Bridging as it states that you need to be IN Canada for me to apply!. PLEASE ADVISE!!!.

Thanks in advance.

1, As you don't qualify for a BOWP, CIC will just refuse. They follow the regulations and wont' make an exception because you don't want to go home.
2. You could remain without working in Canada until Sept/15 and then you could then apply for the BOWP.

 

[Carlstanson]

Hi,

I currently have a closed work permit. I applied through LMO and have been working with the company for almost two years. I have applied for my PR through the provincial nominee program. I have not yet received a positive assessment but I am wondering that when I do can I apply for an open work permit?
If I do this will it affect my position with my current employer?
Does my employer have to aprovove my application in any way?

Thanks,

 

[Leon]

Hi,

I currently have a closed work permit. I applied through LMO and have been working with the company for almost two years. I have applied for my PR through the provincial nominee program. I have not yet received a positive assessment but I am wondering that when I do can I apply for an open work permit?
If I do this will it affect my position with my current employer?
Does my employer have to aprovove my application in any way?

Thanks,

If you get first stage approval and have less than 4 months left on your work permit, you can apply for a bridging open permit. Your employer would not have to approve your application.

 

[jabason]

Re: Open Work Permit to Closed

Hi I have an Open Work Permit and is it a good idea to change it to Closed Work Permit as my employer is willing to provide me with the letter to apply for closed work permit.

I would like to know changing my Open Work Permit to closed does it make me eligible to apply for PR.

Thank You

 

[scylla]

Re: Open Work Permit to Closed

Hi I have an Open Work Permit and is it a good idea to change it to Closed Work Permit as my employer is willing to provide me with the letter to apply for closed work permit.

I would like to know changing my Open Work Permit to closed does it make me eligible to apply for PR.

Thank You

A letter from your employer is not enough to change your work permit from an open to a closed. Your employer also needs to obtain an approved LMIA.

You haven't provided enough information for us to tell you whether you qualify for PR or not. Changing from an open to a closed work permit doesn't typically make you go from being ineligible to eligible for PR.

 

[Shashwath]

Hi, I am trying for express entry through PNP program ,In mean time i want to try if i can get job through any agency with closed workpermit visa so that i can gain work experience in canada to apply for PR .

 

[scylla]

Hi, I am trying for express entry through PNP program ,In mean time i want to try if i can get job through any agency with closed workpermit visa so that i can gain work experience in canada to apply for PR .

Agencies offering job offers in exchange for money are scams. If you are looking for a job offer, forget about agencies. You need to apply to jobs directly either through company web sites or through reputable job sites like indeed.

 

[Gopi2017]

Hi All,

I am in weird situation where my employer has filed for Closed work permit and i will be moved to Canada once CIC approves my application.
My query is incase i loose my job due to project closure in future after coming to Canada, will i have to go back to my home country as i no longer have a job?.
Also what is eligibility criteria for me to switch to open work permit in case the project i am working is closed.
Reason for raising these concerns even before coming to canada is the current project prospects doesn't look good and i am having fear of ending up with no job once project closes.

Could you please suggest is it worth risk and also chances of getting open work permit.

Thanks,
Gopi