How to convert Closed work permit to Open?

[Yogivrun]

Hello Experienced guys please help me in this

Here is my situation

I applied for AINP under engineering occupation and i got PNP approval 1 week before my open work permit expire with 204 C letter
I applied for my work permit right away using 204C letter,
They issued closed work permit with my employer name of 2 years (Till 2018)
I have put file for PR however i haven't get file number yet

Now my employer is in financial crisis and he cant run business anymore

What should i do to convert my closed work permit to open?

Please help me
Thanks in advance

 

[moneywater]

Hello Experienced guys please help me in this

Here is my situation

I applied for AINP under engineering occupation and i got PNP approval 1 week before my open work permit expire with 204 C letter
I applied for my work permit right away using 204C letter,
They issued closed work permit with my employer name of 2 years (Till 2018)
I have put file for PR however i haven't get file number yet

Now my employer is in financial crisis and he cant run business anymore

What should i do to convert my closed work permit to open?

Please help me
Thanks in advance

Hey There,

I don't think the closed work permit can be changed to an open one. If you had the file number before your open work permit expired, then you would have got open work permit. But once you get closed work permit, then you can't get open one.

If you receive AOR for your file, it'll mean processing has started. If all the documents submitted are correct then there will be a high chance of receiving PR. In the meantime if your employer business stopped working, then you have to find ways to earn money on your own, but you'll be having the permit to stay in canada.

- another option is that, if you are able to find another job within the same field , then you can try calling the AINP office and get your PNP certificate to be changed with new employer details. Confirm from CIC if that new PNP certificate can be used to get new closed permit with new company details.

Regards
MW

 

[Malfeas13]

to my best knowledge you can't, sorry bro

 

[mf4361]

You can't. The PNP nomination entitles you a closed WP based on the job offered to you.

 

[KPCanada]

But in that case, what happens once you get your AOR and your PR application is being placed into processing and you lose your job für to the economic situation of the Company? After AOR and if you still have a closed work permit, could you apply for BOWP? Or would you have to sit it out and wait for PR in Order to work for a different employer? Or does that mean your PR application is being cancelled as the nomination is based on the Job that you had with that company? A friend of mine is in a similar Situation and can't find a good and solid answer to this issue.

 

[mf4361]

But in that case, what happens once you get your AOR and your PR application is being placed into processing and you lose your job für to the economic situation of the Company? After AOR and if you still have a closed work permit, could you apply for BOWP? Or would you have to sit it out and wait for PR in Order to work for a different employer? Or does that mean your PR application is being cancelled as the nomination is based on the Job that you had with that company? A friend of mine is in a similar Situation and can't find a good and solid answer to this issue.

BOWP is possible if you were 1) on an Open WP before, 2) PNP has no restriction in employment (See your PNC) and 3) you have AOR and R10

If you are laid off during PR in process, and you are on the Employer-restricted PNP closed WP, the nomination is invalidated and PR application is likely to be rejected

This is the case for Nomination with Employment restriction. Not familiar with AINP but if its not restricted, things are not so clear and you can potentially get away with losing the job while on BOWP.

 

[KPCanada]

Okay, thank you. What is the Situation if you have AOR and R10, on your nomination certificate it says that there are no restrictions but the applicant has a closed WP? It's all pretty confusing.

 

[mf4361]

Okay, thank you. What is the Situation if you have AOR and R10, on your nomination certificate it says that there are no restrictions but the applicant has a closed WP? It's all pretty confusing.

That is really not clear. The applicant is obligated to report that s/he lost the job. What AINP/CIC do is not clear. Since it's not restricted, it may not be a reason to reject the PR application but they do have the right to do so.

In any case, the closed WP entitles you to work only the job and employer specified. S/he can't work until the BOWP is approved.

 

[KPCanada]

Thank you for clarifying, you seem very Knowledgeable on that. Do you think the applicant could apply for BOWP as he's got AOR and R10? He's past the medical so it shouldn't be too long anyway. And do you think a letter from the employer indicating the reasons for the layoff, which are strictly economical reasons that are out of the applicant's control, would be an Option to keep the application in processing? My friend is worried about losing his job in a couple of weeks because the employer is not doing very well, so That's why those concerns have come up. Economical reasons for a layoff and the extremely long processing times are out of the applicant's control but is it reasonable to reject an application this far into the whole process based on that?

 

[mf4361]

Thank you for clarifying, you seem very Knowledgeable on that. Do you think the applicant could apply for BOWP as he's got AOR and R10? He's past the medical so it shouldn't be too long anyway. And do you think a letter from the employer indicating the reasons for the layoff, which are strictly economical reasons that are out of the applicant's control, would be an Option to keep the application in processing? My friend is worried about losing his job in a couple of weeks because the employer is not doing very well, so That's why those concerns have come up. Economical reasons for a layoff and the extremely long processing times are out of the applicant's control but is it reasonable to reject an application this far into the whole process based on that?

I have SINP closed WP and its restricted. It is explicitly stated I cannot leave my job until PR

CIC doesn't care whose fault and what's the reason. As soon as he is not on the job (laid off or quit) the nomination is on the line. that's why I was advised to ask my employer to keep me on the payroll, even I am temporarily not getting paid if I was in this kind of situation. (Kinda like taking unpaid holiday)

Getting BOWP should work provided he is eligible. While its in process, he's in implied status and hence has legal status for landing. Meanwhile he can live off EI until PR is done. That's my best guess.

 

[KPCanada]

Thank you very much, I'll pass it along and hopefully he'll get his PR before the company starts laying people off.

 

[mf4361]

Thank you very much, I'll pass it along and hopefully he'll get his PR before the company starts laying people off.

Disclaimer: I'm no lawyer and not consultant so I don't take any responsibility

 

[KPCanada]

Oh I know but it's good to have a bit of an idea. If my friend gets laid off then he should probably get in touch with a lawyer regardless, rather than trying to deal with it himself.

 

[Sandra80]

I have SINP closed WP and its restricted. It is explicitly stated I cannot leave my job until PR

CIC doesn't care whose fault and what's the reason. As soon as he is not on the job (laid off or quit) the nomination is on the line. that's why I was advised to ask my employer to keep me on the payroll, even I am temporarily not getting paid if I was in this kind of situation. (Kinda like taking unpaid holiday)

Getting BOWP should work provided he is eligible. While its in process, he's in implied status and hence has legal status for landing. Meanwhile he can live off EI until PR is done. That's my best guess.

I am pretty sure that you can not go on ei while pr is being processed as pnp with closed work permit as the permit is tied to the employer and so is the pr application.

So ei is not an option

 

[mf4361]

I am pretty sure that you can not go on ei while pr is being processed as pnp with closed work permit as the permit is tied to the employer and so is the pr application.

So ei is not an option

From what I know, the closed WP entitles you to work for a specific employer in a specific job within a specific time. You can quit your job, that doesn't invalidates the WP itself, just the nomination (and hence the PR application). But I could be wrong.