Converting "Closed" Work Permit to "Open"

[RabbiGill]

Hi All,
I have a closed work permit valid till October 2014, also my wife has an open work permit(spousal -dependent).
Could some one please help me, in letting me know, is there a way I can change my work permit to Open?
The reason I want to do this is that my employer has been laying off resources from our current project and sending them back to India, there is a strong possibility that each one of us employed here might face this situation.
Suggestions please!!

 

[PMM]

Hi

Hi All,
I have a closed work permit valid till October 2014, also my wife has an open work permit(spousal -dependent).
Could some one please help me, in letting me know, is there a way I can change my work permit to Open?
The reason I want to do this is that my employer has been laying off resources from our current project and sending them back to India, there is a strong possibility that each one of us employed here might face this situation.
Suggestions please!!

Nope, with a closed wp tied to an employer, you can't get an open work permit.

 

[RabbiGill]

Thanks PMM!
Could you please suggest an alternate, that could help me prolong my stay here.

 

[PMM]

Hi

Thanks PMM!
Could you please suggest an alternate, that could help me prolong my stay here.

Find a new employer, who will obtain a new LMO, then you apply for a new work permit for the new employer. It won't be quick.

 

[anand243244]

Hi All,
I have a closed work permit valid till October 2014, also my wife has an open work permit(spousal -dependent).
Could some one please help me, in letting me know, is there a way I can change my work permit to Open?
The reason I want to do this is that my employer has been laying off resources from our current project and sending them back to India, there is a strong possibility that each one of us employed here might face this situation.
Suggestions please!!

You have an option for Bridging open work permit if you satisfy all conditions, follow this link : www . cic.gc.ca/english/department/media/notices/2012-12-17 . asp

 

[jes_ON]

You have an option for Bridging open work permit if you satisfy all conditions, follow this link : www . cic.gc.ca/english/department/media/notices/2012-12-17 . asp

RabbiGill's current work permit does not expire until October 2014 - to be eligible for the BOWP, the current work permit must be expiring within 4 months. So, the OP is not eligible for the BOWP.

 

[RabbiGill]

Hi


Find a new employer, who will obtain a new LMO, then you apply for a new work permit for the new employer. It won't be quick.

Thanks PMM!

 

[RabbiGill]

RabbiGill's current work permit does not expire until October 2014 - to be eligible for the BOWP, the current work permit must be expiring within 4 months. So, the OP is not eligible for the BOWP.

You are absolutely correct! Although now I wish it was expiring in 4 months .

 

[jes_ON]

You are absolutely correct! Although now I wish it was expiring in 4 months .

Yeah, the BOWP was such welcome news, and the rules at first glance seemed very reasonable. Your case reveals the "flaws" in the eligibility criteria, or the gap between the good intentions and the written rule.

 

[RabbiGill]

Yeah, the BOWP was such welcome news, and the rules at first glance seemed very reasonable. Your case reveals the "flaws" in the eligibility criteria, or the gap between the good intentions and the written rule.

Just a hypothetical extension to my original question, My wife is suitably employed on her dependent open work permit. In case my employer asks me to go back, can I resign, get unemployed, continue staying here and keep looking for another employer who can give an opportunity to work? Would I be doing anything illegal?

 

[jes_ON]

Just a hypothetical extension to my original question, My wife is suitably employed on her dependent open work permit. In case my employer asks me to go back, can I resign, get unemployed, continue staying here and keep looking for another employer who can give an opportunity to work? Would I be doing anything illegal?

You can remain in Canada for the duration of your work permit, and can look for a new employer. (However, you cannot work for another employer before you get a new LMO and new work permit). But if you exit Canada and are no longer working for your authorized employer, I believe both work permits become invalid. PMM knows more about this.

Perhaps another option would be if your wife's employment is skilled and her employer is willing to apply for an LMO; then she could obtain a closed work permit, and you would be able to apply for the spousal open work permit

 

[RabbiGill]

You can remain in Canada for the duration of your work permit, and can look for a new employer. (However, you cannot work for another employer before you get a new LMO and new work permit). But if you exit Canada and are no longer working for your authorized employer, I believe both work permits become invalid. PMM knows more about this.

Perhaps another option would be if your wife's employment is skilled and her employer is willing to apply for an LMO; then she could obtain a closed work permit, and you would be able to apply for the spousal open work permit

Thanks a lot Jes_ON!!
Waiting for PMM to respond on this..

 

[RabbiGill]

Hi


Find a new employer, who will obtain a new LMO, then you apply for a new work permit for the new employer. It won't be quick.

Hey PMM, please respond to my latest question on the thread!! Your opinion on it matters..
Thanks !

 

[RabbiGill]

You can remain in Canada for the duration of your work permit, and can look for a new employer. (However, you cannot work for another employer before you get a new LMO and new work permit). But if you exit Canada and are no longer working for your authorized employer, I believe both work permits become invalid. PMM knows more about this.

Perhaps another option would be if your wife's employment is skilled and her employer is willing to apply for an LMO; then she could obtain a closed work permit, and you would be able to apply for the spousal open work permit

Hey, spoke to an immigration lawyer, he advised that even if I leave Canada, my wife's work permit remains valid.

 

[PMM]

Hi

Hey, spoke to an immigration lawyer, he advised that even if I leave Canada, my wife's work permit remains valid.

Maybe your lawyer should read the following from the FSW Manual?

5.38. Public policy, competitiveness and economy R205(c)(ii)
The following programs are designated as work that can be performed by a foreign national
based on the criteria listed in R205(c)(ii).
A. Spouses or common-law partners of skilled workers, C41
Spouses or common-law partners of skilled people coming to Canada as temporary foreign
workers may themselves be authorized to work without first having a confirmed job offer.
Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work
permit are as follows:
• The principal foreign worker must be doing work which is at a level that falls within National
Occupational Classification (NOC) Skill Levels 0 , A or B. See the NOC site on HRSDC’s
Web page at http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml. The skill levels
can be found in the Matrix on the left-hand side of the screen.
• These skill levels include management and professional occupations and technical or skilled
tradespersons.
• The principal foreign worker must either hold a work permit that is valid for a period of at least
six month’s duration, or, if working under the authority of R186 without a work permit, must
present evidence that they will be working for a minimum of six months.
• The principal foreign worker and spouse must physically reside, or plan to physically reside,
in Canada while working.