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Holding Two Valid Work Permit Simultaneously

PMM

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Jun 30, 2005
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Hi


fkl said:
Just reconfirming if some one stumbles upon this thread. Getting a new work permit does not invalidates the previous one. I have recently done this, had a valid work permit, got a new one at the border, ASKED them since I needed to continue my existing job, give notice, move to a different province a few months latter.

CBSA was perfectly fine and said your existing work permit is valid till its expiry (which was like 3 months away). I have now joined the new employer but I took a little over a month after getting the new work permit. I reisgned, continued working at existing employer, received pay stub etc.

And it makes perfect sense too.

Besides when I went to border, my file was prepared by Earnest and Young and I asked them the same question before. They are one of the big four law firms globally and were hired by my next employer (which is a big name company).
1. CBSA gave you the wrong information. One a closed work permit you will notice the restriction "only to work for the above employer in the above location" It invalidates the first work permit.
2. By the way Ernst and Young is an Audit firm, not a law firm.
 

fkl

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PMM said:
Hi


1. CBSA gave you the wrong information. One a closed work permit you will notice the restriction "only to work for the above employer in the above location" It invalidates the first work permit.
2. By the way Ernst and Young is an Audit firm, not a law firm.

Hey PMM,

Both the things you wrote above are not true.

1. CBSA - CIC plus a couple other sources (IRPA) confirmed what I said is true. Yes every closed work permit states what you quoted above. It does not mean you cannot have another one restricting to another employer only. I specifically checked because it doesn't make sense if some body needs to resign, complete notice period and then start a new job. So I needed to be absolutely sure and I have done this. It is perfectly valid to have two work permits. I am quoting just one reference (separate from my legal firm at the bottom).

2. Yes E&Y's primary business is Audit - every body knows that. But that doesn't mean they don't have a huge legal immigration department. The employer in my case was Microsoft, and they are one of biggest clients of E&Y in Canada. The business division handling this is called EGAN of E&Y. You can research a bit to discover the same as some one who has had first hand experience. This should help though.

http://www.eganllp.com/EL/en/Firm

Cheers.

Following should be ENLIGHTENING legal advice.
http://immigrationcanada.pro/immigrate/holding-multiple-canadian-work-permits-time/


Just quoting relevant sections here for those interested
"Where on the CIC site does it say I can get multiple work permits?

Like many things in immigration law, the CIC website is silent on this issue. Perhaps they don’t want to encourage the practise, who knows, but you won’t find any information there.

But an analysis of the law is revealing.

Nowhere in the Immigration and Refugee Protection Act does it state that when you get a new work permit, the old work permit is cancelled. In fact, the Regulations state that a work permit only becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable. It’s important to note that is does not become invalid when a second (or third, or fourth) work permit is issued.

As a result, holding multiple work permits is not prohibited anywhere in the law."
 

fkl

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rainbowruthm said:
I concur.
I now have 2 valid work permits in my passport.
Same here - I was told that theoretically I can leave my new job and work for the previous employer till the expiry of that work permit. No new wp cancels previous one.

Plus it makes perfect sense. No one who is present in side Canada would be able to get a new work permit and immediately quit their existing job. Usually you need work permit first, then you would resign, complete notice period etc. All of this was very clear in my case to CBSA as well as my employer's lawyer who handled the whole process.
 
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kvrforum

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Mar 3, 2016
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fkl said:
Same here - I was told that theoretically I can leave my new job and work for the previous employer till the expiry of that work permit. No new wp cancels previous one.

Plus it makes perfect sense. No one who is present in side Canada would be able to get a new work permit and immediately quit their existing job. Usually you need work permit first, then you would resign, complete notice period etc. All of this was very clear in my case to CBSA as well as my employer's lawyer who handled the whole process.
So, is it ok to get two LMIA-approved work permits at a time?
I want to get one Skill B job and one Skill C job so I can qualify for both CEC EE and PNP.

I hope this is possible.
 
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fkl

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kvrforum said:
So, is it ok to get two LMIA-approved work permits at a time?
I want to get one Skill B job and one Skill C job so I can qualify for both CEC EE and PNP.

I hope this is possible.
You can have two work permits surely. But actually working two full time jobs is probably not possible.

Plus LMIA is primarily issued for qualification and experience for a particular role. So I don't know how you could convince CIC / HRSDC that you posses skills and experience in both NOC B and C.

For me the two work permits issued were in the same profession and NOC, just different employers
 

samanta60

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Hi

I read many of the above posts and opinions, but it is still not clear to me if it's legal to hold two work permits simultaneously and be working two jobs.

Did anyone finally get it confirmed by CIC? or did anyone work on two work permits and got no problem at the end?

In my case, I have a closed work permit and am going to activate my IEC Working Holiday work permit next week. Then I am going to work in my current job on my current closed wp and the new job on IEC wp.

Is this illegal from CIC's perspective?
 

fkl

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samanta60 said:
Hi

I read many of the above posts and opinions, but it is still not clear to me if it's legal to hold two work permits simultaneously and be working two jobs.

Did anyone finally get it confirmed by CIC? or did anyone work on two work permits and got no problem at the end?

In my case, I have a closed work permit and am going to activate my IEC Working Holiday work permit next week. Then I am going to work in my current job on my current closed wp and the new job on IEC wp.

Is this illegal from CIC's perspective?
Did you read the thread completely? I have been in the same situation, so have been some others .. and that is mentioned in the thread along with references analyzing the law.
 

samanta60

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After reading different opinions above (which was confusing somehow to me), am I right that "No new work permit cancels previous one"?
 

samanta60

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fkl said:
Did you read the thread completely? I have been in the same situation, so have been some others .. and that is mentioned in the thread along with references analyzing the law.
Thanks Fkl,

I found your input in this threat very helpful.
Now I understand that having two work permits is legal and the second one does not cancel the first one.

Therefore, in my case it should be fine too. My case is, I have a closed work permit (expiring in 2.5 months) and am going to activate an IEC Working Holiday work permit (which is not attached to a specific employer). I am going to resign from the current job after I make sure every thing is fine with the IEC wp and the new job that I will start very soon.

Please let me know, if you think in case of IEC wp as the second wp anything will be different regarding the first work permit staying valid.
Thanks and +1 for you:)
 

samanta60

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What I am reading at this link (that you gave):

http://immigrationcanada.pro/immigrate/holding-multiple-canadian-work-permits-time/

is saying "it is not likely to have to full-time work permits". In my case both wps are LMIA exempt and are full time. This is not going to be an issue, right?
 

fkl

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samanta60 said:
What I am reading at this link (that you gave):

http://immigrationcanada.pro/immigrate/holding-multiple-canadian-work-permits-time/

is saying "it is not likely to have to full-time work permits". In my case both wps are LMIA exempt and are full time. This is not going to be an issue, right?
You are most welcome and to the best of my understanding, yes your both work permits (IEC and the prior one) remain valid till their expiry.

Simply getting a new one doesn't cancel (in fact i have never seen a mechanism which CANCELS) a prior work permit.

The statement from the lawyer implying not having two full time work permits simply is referring to actually working two full time jobs probably wont be acceptable to or quantifiable HRSDC / CRA / CIC.

But nothing prevents you from HOLDING two valid work permits while working on one.

I was working on an LMIA based closed work permit, got a second LMIA exempt work permit on a specific date, and continued working for the first employer for another month. While obtaining the new work permit, CBSA's CIC liaison officer was very clear that i would be continuing at my current employer for a while as long as it is within the validity of that work permit. I only joined the new employer 1 month and few days latter.

This was a while ago and i had cross confirmation of doing it this way via my new employer's legal team. Moreover, i have known others with similar situation too.
 
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ceara

Member
Apr 12, 2019
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Hi

I read many of the above posts and opinions, but it is still not clear to me if it's legal to hold two work permits simultaneously and be working two jobs.

Did anyone finally get it confirmed by CIC? or did anyone work on two work permits and got no problem at the end?

In my case, I have a closed work permit and am going to activate my IEC Working Holiday work permit next week. Then I am going to work in my current job on my current closed wp and the new job on IEC wp.

Is this illegal from CIC's perspective?

So, can you say how things went out for you? I am in a similar situation here. I'm arriving in Canada in August with an OWP and now I got this opportunity where I need to have an IEC to work for a specific company. So I'm not sure if I apply for the IEC or reject the job that needs the IEC.
 

sina_msi

Star Member
Apr 23, 2020
51
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Hello everyone,

I have a valid open work permit until September 2021 and work in a company as a full-time employee.
My company gave me this offer that they can apply for an LMIA and then I will get my closed work permit to get more points for express entry.
I am wondering, could I have both open and closed work permit at the same time?
Also, can my employer get an LMIA for 2-3 years, and then I get a closed work permit with the end in 2022 or 2023 or should I extend the closed work permit every 6 months?

Regards,
 

sina_msi

Star Member
Apr 23, 2020
51
8
Hello everyone,

I have a valid open work permit until September 2021 and work in a company as a full-time employee.
Also, I can apply for CWP under my OINP application.
I am wondering, could I have both open and closed work permit at the same time?


Regards,