Help!!!!!!!!!!!!My Employer Just terminated me

[Samhuang]

My employer just terminated me last Friday (Terminated without any notice and pay in lieu) . My 3 year PGWP is expiring in early Aug this year. I worked as the assistant store manager from June 1 2012 till last Friday. I assume I now have enough work experience to apply for CEC class.

If my work permit is expiring in a month, can I still get EI. How long can I get ? I am now planning to go back to school and wait for CEC to be processed.

Thank you for all the advices

 

[nandoU]

Re: My Employer Just terminated me

That's sucks, it look like it was coordinated to give you no time to apply for new jobs.

From the info I've gathered, it will be very difficult to get EI, cause one of the requirements from it, is that you need to demonstrate the ability to apply for jobs actively. If you have a closed work permit, you can only work for your current employer.

Canada wants to be certain that a person with your qualification will be able to work when the employers need it. But since you have to apply for an LMO first (month-2 months) and then for another work permit (month-2 months) it is difficult to convince the EI officer that you can get to work asap (since EI is just temporary, and you, the applicant has to be ready to work asap).

I think the easiest solution for you is to apply for PR under CEC, in 4-6 weeks you'll get an AOR, with that you can apply on-line for a BRIDGING OPEN WORK PERMIT (currently taking 30 days). So basically by sometime (late) September you will get this work permit, which is granted for a year. Even if your current work permit expiries, as long as you sent your BOWP application before the expiration of your work permit you can remain in Canada, but you can't work until you get that BOWP.

After you get your AOR, or even better, after you get BOWP you can apply for EI, cause now you can demonstrate you are ready to apply to any job at any time. My guess is that you gonna get the BOWP 2 months after you lost the job, the problem with that is that you have to apply for EI within 4 weeks after you stopped working. Now, you can still apply at later time, but you have to write a letter that try to convince the EI officer about why you deserve EI, and that you are able to work at anytime, without the need of the long process of getting a LMO and a closed work permit.

Apply to PR NOW, the longer you wait, the longer it's gonna take to get that AOR. It will be very tough having an expired WP and not having applied for the BOWP yet.

 

[nandoU]

Another thing that this situation should warn us (ppl with work permits) is that you better keep yourself informed about your job status. You have to be active so you realize if the employer has plans to keep you beyond the expiration of your WP/contract. Usually getting a new WP takes 1-2 months, that means that you should always be certain about your work at least 2+ months before the expiration date of your work permit.

I was told that I will not be able to work beyond August 31st, this is cause the lack of funds (I do contract research). But I always knew what was going in the company, and even my employer was happy with my performance, last year he renewed my contract till Jan 2014, even without been certain of funding. So I won't be out of status while I wait for my AOR and BOWP, and also I will be able to apply for EI once I obtain my BOWP.

This is something authorities should look at. What is the purpose of paying for EI as a foreign worker if one can't use it?, shouldn't we, at least be allowed to decide not to pay EI so we can save money for those difficult times?

 

[jsm0085]

My employer just terminated me last Friday (Terminated without any notice and pay in lieu) . My 3 year PGWP is expiring in early Aug this year. I worked as the assistant store manager from June 1 2012 till last Friday. I assume I now have enough work experience to apply for CEC class.

If my work permit is expiring in a month, can I still get EI. How long can I get ? I am now planning to go back to school and wait for CEC to be processed.

Thank you for all the advices

Firstly, you have an open work permit... So you are in a good position. As long as you have 12 months or FT (or equiv.) skilled work experience, you are good to apply for CEC. If you are organized to submit your application quickly you can also apply for the BOWP... You are supposed to have the AOR from CIC prior to applying but people have got around this with explanation letters etc. It really depends on what position you are in. Either way, good luck!

 

[Samhuang]

Thank you, Nando, I wish I can apply CEC asap... however my employer is holding my reference letter in ramson. ( they wrongfully dismissed me). They asked me to hand in my resignation letter to exchange. I am furious!!! I worked extremely hard for these people for more than two years. Now I might end up in limbo!

 

[Samhuang]

Firstly, you have an open work permit... So you are in a good position. As long as you have 12 months or FT (or equiv.) skilled work experience, you are good to apply for CEC. If you are organized to submit your application quickly you can also apply for the BOWP... You are supposed to have the AOR from CIC prior to applying but people have got around this with explanation letters etc. It really depends on what position you are in. Either way, good luck!

What if I don't have my AOR? Can I still apply for the bridging work permit? Thank you!

 

[nandoU]

What if I don't have my AOR? Can I still apply for the bridging work permit? Thank you!

No, you can't.

BOWP can only be obtain with an AOR. I've heard that, what you can do is to guesstimate when is the AOR will be coming to you, send your BOWP application 1-2 weeks before AOR comes to you and mention that in the BOWP application, also your UCI number and that you have been granted an AOR that the CIC officer can check on their database. This is very risky, as what is in play here is that, by the moment a CIC officer opens your BOWP application, your AOR was already processed and sent back to you. Let's assume that your PR application will take a month to be reviewed, and that BOWP takes a month to be reviewed, if you sent your PR application 2 weeks ahead of your BOWP application, you'll have the chance that the AOR will be granted before your BOWP is assessed. But it is a gamble.

What if you made a mistake in your PR application and your AOR was never granted? are you willing to gamble 150 bucks for a BOWP application?...if you have savings, you should wait for your AOR to arrive, and then apply for a BOWP.

 

[jsm0085]

No, you can't.

BOWP can only be obtain with an AOR. I've heard that, what you can do is to guesstimate when is the AOR will be coming to you, send your BOWP application 1-2 weeks before AOR comes to you and mention in that BOWP application your UCI number and that you have been granted an AOR that the CIC officer can check on their database. This is very risky, as what is in play here is that, by the moment a CIC officer opens your BOWP application, your AOR was already processed and sent to you. Let's assume that your PR application will take a month to be reviewed, and that BOWP takes a month to be reviewed, if you sent your PR application 2 weeks ahead of your BOWP application, you'll have the chance that the AOR will be granted before your BOWP is assessed. But it is a gamble.

What if you made a mistake in your PR application and your AOR was never granted? are you willing to gamble 150 bucks for a BOWP application?...if you have savings, you should wait for your AOR to arrive, and then apply for a BOWP.

Actually, you can.

 

[jsm0085]

Actually, you can.

You would need to have your CEC application in. If you can get it in this week, you would stand a chance.

Then (wait for about 2 weeks) and you can apply for BOWP... Provide a detailed explanation letter and chances are if your app was okay you may get approved for the BOWP. Do a search on these forums to read about other peoples experience. It's not a dead set but you do have a chance.

 

[jsm0085]

You would be on implied status between WP expiry and BOWP approval/refusal.

 

[jsm0085]

Thank you, Nando, I wish I can apply CEC asap... however my employer is holding my reference letter in ramson. ( they wrongfully dismissed me). They asked me to hand in my resignation letter to exchange. I am furious!!! I worked extremely hard for these people for more than two years. Now I might end up in limbo!

Speak to your managers manager. Speak with HR. speak with an immigration lawyer...

 

[jes_ON]

Thank you, Nando, I wish I can apply CEC asap... however my employer is holding my reference letter in ramson. ( they wrongfully dismissed me). They asked me to hand in my resignation letter to exchange. I am furious!!! I worked extremely hard for these people for more than two years. Now I might end up in limbo!

Without going into details, if you truly believe it was a wrongful dismissal and that your reference letter is being held hostage, you should speak to a lawyer as soon as possible,

If you resign, you will not be eligible for EI. If your employer accuses you of misconduct, you will not be eligible for EI (unless you fight it and win). You don't have a lot of time for this.

Not sure whether you would receive benefits, you would have to apply. If you are found eligible, there's a 2-week waiting period of no benefits before you would be eligible for benefits. I would expect eligibility to end when your worker status ends.

Others have already suggested that you apply NOW for the CEC program, with the hope of being eligible for the BOWP. That is a good suggestion.

Another point to remember is, since you are currently on a PGWP, if you were to find another employer, they can apply for an LMO without having to demonstrate recruitment efforts.

Even if you were eligible, you would be limited to 2-3 weeks of EI benefits. I'd suggest focusing on getting the PR, work permit, and/or student permit.

 

[nandoU]

Actually, you can.

No, it need the AOR in the system. That's why what you suggest is a gamble (I explained above with an example). Weather she get the AOR at her mailbox, or it's in the system, she needs it. But all resides in CEC application to become AOR, if CEC was not AOR, or the officer requested more info from the applicant, this will not grant an AOR, the 150 bucks from a BOWP will certainly be lost.

So the AOR need to be in the system (computer) once the CIC officer starts reviewing the BOWP. Just knowing that CEC has been received grants no AOR. It's a gamble, but an informed one. If all you CEC papers are ok, that's an informed gamble as the AOR will most certainly be obtained.

Also the PR-application and BOWP application offices are in different places, if you include the ongoing strike, it becomes more difficult to guess what will be reviewed first, the CEC application or the BOWP application.

 

[jsm0085]

No, it need the AOR in the system. That's why what you suggest is a gamble (I explained above with an example). Weather she get the AOR at her mailbox, or it's in the system, she needs it. But all resides in CEC application to become AOR, if CEC was not AOR, or the officer requested more info from the applicant, this will not grant an AOR, the 150 bucks from a BOWP will certainly be lost.

So the AOR need to be in the system (computer) once the CIC officer starts reviewing the BOWP. Just knowing that CEC has been received grants no AOR. It's a gamble, but an informed one. If all you CEC papers are ok, that's an informed gamble as the AOR will most certainly be obtained.

Also the PR-application and BOWP application offices are in different places, if you include the ongoing strike, it becomes more difficult to guess what will be reviewed first, the CEC application or the BOWP application.

With an explanation letter and the CEC application submitted, she stands a good chance.

There is a delay before the BOWP application will be processed, so chances are if she follows my advice, she hadsa good chance of it working out. That is, something happening with CEC prior to the BOWP being processed.

While I'm sure you are trying to give good advice - you are going against cases that have already been approved. As I suggested (it was directed towards you also), look up some of the cases on the form - they speak for themselves.

 

[Samhuang]

How can i apply for LMO if I only have a month left on my PGWP and unemployed. and how long can I stay in the country after my PGWP expires. Thanks

Without going into details, if you truly believe it was a wrongful dismissal and that your reference letter is being held hostage, you should speak to a lawyer as soon as possible,

If you resign, you will not be eligible for EI. If your employer accuses you of misconduct, you will not be eligible for EI (unless you fight it and win). You don't have a lot of time for this.

Not sure whether you would receive benefits, you would have to apply. If you are found eligible, there's a 2-week waiting period of no benefits before you would be eligible for benefits. I would expect eligibility to end when your worker status ends.

Others have already suggested that you apply NOW for the CEC program, with the hope of being eligible for the BOWP. That is a good suggestion.

Another point to remember is, since you are currently on a PGWP, if you were to find another employer, they can apply for an LMO without having to demonstrate recruitment efforts.

Even if you were eligible, you would be limited to 2-3 weeks of EI benefits. I'd suggest focusing on getting the PR, work permit, and/or student permit.