Implied status and employer-specific work permit expires, what should I do?

[SachaS]

Hello everyone,

I really hope that there is someone out there who could help me with my issue. My situation is as follows:

I currently hold an employer-specific work permit that expires Apr 14, 2020; I work full-time as postdoctoral research fellow since Apr 13, 2018. I've applied for Permanent Residency (PR) through the Express Entry Program and my application is still being processed. I received the acknowledgement letter of my PR application submission and have an estimated date of completion set to Apr 24, 2020.

Since I signed last December 2019 an official offer to start a new job at a start-up company on March 02, 2020, I applied via mail (somehow it wasn't possible to apply online) for a Bridging open work permit (BOWP). Unfortunately, I have no news about my application (i.e. no acknowledgement letter) since the delivery confirmation of my application package which has been dropped of in Edmonton on December 23, 2019.

So, is there any chance that I can start my new job on March 02, 2020? I guess that I really have to wait till they made a decision on my BOWP in order to be eligible to start a new job at a new employer, right?

Thanks to everyone who response!

 

[scylla]

Hello everyone,

I really hope that there is someone out there who could help me with my issue. My situation is as follows:

I currently hold an employer-specific work permit that expires Apr 14, 2020; I work full-time as postdoctoral research fellow since Apr 13, 2018. I've applied for Permanent Residency (PR) through the Express Entry Program and my application is still being processed. I received the acknowledgement letter of my PR application submission and have an estimated date of completion set to Apr 24, 2020.

Since I signed last December 2019 an official offer to start a new job at a start-up company on March 02, 2020, I applied via mail (somehow it wasn't possible to apply online) for a Bridging open work permit (BOWP). Unfortunately, I have no news about my application (i.e. no acknowledgement letter) since the delivery confirmation of my application package which has been dropped of in Edmonton on December 23, 2019.

So, is there any chance that I can start my new job on March 02, 2020? I guess that I really have to wait till they made a decision on my BOWP in order to be eligible to start a new job at a new employer, right?

Thanks to everyone who response!

You have to wait until the BOWP is approved before you can start your new job. Until then, you are only eligible to work for the employer listed on your closed work permit.

Did you claim the 50 job offer points in your Express Entry application?

 

[SachaS]

Ok I see. And yes I did claim the job offer points in my application, because that was the reason to apply for PR in a first place (indefinite position).

So I am wondering, is it really true that I had to apply via mail for my BOWP? I was surprised that I wasn't able to apply online. Moreover, how long does it take usually till I can link my application to my online account, does anybody know that?

 

[scylla]

Ok I see. And yes I did claim the job offer points in my application, because that was the reason to apply for PR in a first place (indefinite position).

So I am wondering, is it really true that I had to apply via mail for my BOWP? I was surprised that I wasn't able to apply online. Moreover, how long does it take usually till I can link my application to my online account, does anybody know that?

If you claimed the 50 points for having a job offer - you need to remain with that employer until you have PR. Otherwise you're risking a refusal and possibly even a misrepresentation finding (i.e. 5 year ban). You need to change your plans / defer the start date for your new role.

 

[SachaS]

If you claimed the 50 points for having a job offer - you need to remain with that employer until you have PR. Otherwise you're risking a refusal and possibly even a misrepresentation finding (i.e. 5 year ban). You need to change your plans / defer the start date for your new role.

I claimed the 50 points for having a new job offer, the one I plan to start in March, not my current position.

 

[scylla]

I claimed the 50 points for having a new job offer, the one I plan to start in March, not my current position.

Ah - got it. Then why don't you just apply for a closed work permit (I'm assuming you have an approved LMIA)? No need to wait for the BOWP.

 

[SachaS]

Ah - got it. Then why don't you just apply for a closed work permit (I'm assuming you have an approved LMIA)? No need to wait for the BOWP.

I guess I applied for the BOWP because It was on the PR acknowledgement letter. I am currently a PostDoc and LMIA exempt. Would it still be possible to apply for a closed work permit and would it be faster? If not the easiest way would be to postpone my start of my new job...

 

[scylla]

I guess I applied for the BOWP because It was on the PR acknowledgement letter. I am currently a PostDoc and LMIA exempt. Would it still be possible to apply for a closed work permit and would it be faster? If not the easiest way would be to postpone my start of my new job...

I am confused about how you claimed the 50 points. If there's no approved LMIA because the job is LMIA exempt, then you have to work for that employer on a closed work permit for a year in Canada before you can claim the 50 points.

 

[SachaS]

I am confused about how you claimed the 50 points. If there's no approved LMIA because the job is LMIA exempt, then you have to work for that employer on a closed work permit for a year in Canada before you can claim the 50 points.

Then maybe I misinterpret the term LMIA. All I know is that my current position is initially LMIA exempt because it is a PostDoc position at a university. My new job is a indefinite job position at a start-up.

 

[canuck_in_uk]

Then maybe I misinterpret the term LMIA. All I know is that my current position is initially LMIA exempt because it is a PostDoc position at a university. My new job is a indefinite job position at a start-up.

You need to get very clear about it. As scylla said, unless the new job has an LMIA, you did not qualify for the 50 points for a job offer. If losing 50 points puts you below the ITA cut-off, you can expect your PR app to be refused.

 

[scylla]

Then maybe I misinterpret the term LMIA. All I know is that my current position is initially LMIA exempt because it is a PostDoc position at a university. My new job is a indefinite job position at a start-up.

I'm very confused.

Are you claiming the job offer points for your current or future role? If for your current role, you need to stay in that role until you have PR. If for your future role, your employer needs to obtain an approved LMIA.

 

[SachaS]

I'm very confused.

Are you claiming the job offer points for your current or future role? If for your current role, you need to stay in that role until you have PR. If for your future role, your employer needs to obtain an approved LMIA.

Sry about the confusion. I am claiming the job offer points for my future employment. In any case, I got 560 points, so loosing 50 is definitely above the ITA cut-off.

Regarding the LMIA, is that my responsibility as an employee to get that approved?

 

[vensak]

Sry about the confusion. I am claiming the job offer points for my future employment. In any case, I got 560 points, so loosing 50 is definitely above the ITA cut-off.

Regarding the LMIA, is that my responsibility as an employee to get that approved?

When it comes to LMIA your future employer has to request it. This is mostly costly and takes long time to accomplish. If you do not need LMIA (special cases listed), you have to apply directly for closed work permit, choosing properly your special group, why you are LMIA exempt.

 

[Loren27]

Hello,
Has anybody know what next after approval for bridging open work permit?
Pls.