In trouble! Please help!

[iferg15]

Hey all,
I'm currently on a closed work permit due to expire December 2015. I've been working here for one year as a mechanical engineer. I'm trying to apply for the FSW but my ECA report has been processing for about 11 weeks and counting now so I can't file yet. I've everything else ready to go but no ECA yet. I'm also waiting for my Notice of Assessment so I can file by way of CEC as well.

The problem is that I just got laid off today. I'm not sure if I have to leave the country immediately or not. Some people say that I can stay until my work permit expires (12/15) and some people say that being laid off invalidates my status immediately (and that I have to apply for a visitor visa immediately).

Is there a chance that I can stay until I get my CEC/FSW filed without a visitor visa? And then, if I get a PER from either, is there a way to file for a BOWP immediately without waiting 4 months before 12/15? I know it's a lot to ask for but I have to hope.

Thank you in advance,
Irving

 

[zardoz]

Hey all,
I'm currently on a closed work permit due to expire December 2015. I've been working here for one year as a mechanical engineer. I'm trying to apply for the FSW but my ECA report has been processing for about 11 weeks and counting now so I can't file yet. I've everything else ready to go but no ECA yet. I'm also waiting for my Notice of Assessment so I can file by way of CEC as well.

The problem is that I just got laid off today. I'm not sure if I have to leave the country immediately or not. Some people say that I can stay until my work permit expires (12/15) and some people say that being laid off invalidates my status immediately (and that I have to apply for a visitor visa immediately).

Is there a chance that I can stay until I get my CEC/FSW filed without a visitor visa? And then, if I get a PER from either, is there a way to file for a BOWP immediately without waiting 4 months before 12/15? I know it's a lot to ask for but I have to hope.

Thank you in advance,
Irving

As I understand it, you can stay until your VISA expires. Your work permit is however useless at this point, so you will be under the same restrictions that a visitor would have. Time to look for another job offer and approved LMIA?

 

[Leon]

You may stay in Canada until your work permit expires. However, as it is a closed permit, you can only work for that employer so unless they have some new projects and invite you back, you will be unemployed and it could be hard for you to claim EI because of that closed permit. The criteria for a BOWP is that your work permit is expiring in 4 months or less so you simply don't qualify for that. You should look for a new employer who is willing to apply for your LMO/LMIA so you can get a new permit.

 

[SenoritaBella]

As you have been laid off, you are eligible to apply for EI benefits. But it is very important to write a letter declaring your availability to work, outlining your efforts to find new work and including evidence e.g. job applications submitted, the automatic replies you get after applying, any interviews attended, etc.

It is possible to get EI benefits on a 'closed' work permit, if you do all the work in making a case for yourself. I've helped one member on the forum with their appeal and they were approved.

See this: http://www.servicecanada.gc.ca/eng/ei/digest/10_2_0.shtml

Here's the part that applies to your situation:

10.2.4.3 Restricted to one employer

A person whose work permit includes a restriction that only allows them to work for a specific employer, is not normally considered to be available to accept work, and may be disentitled from collecting benefits. However, the simple fact that the work permit restricts the worker to one employer is not the only factor to be considered when determining the claimant's availability.

It is important to fact find and take all factors into consideration before determining that a foreign worker is unavailable because their work permit restricts their employment to one employer. Before making a determination, it is necessary to obtain a declaration from the claimant regarding their availability. In addition, the claimant must show that once they receive an offer of employment from a new employer, CIC will remove the restriction on their work permitFootnote 24.

 

[iferg15]

Thanks all so much for your replies. Almost all the paperwork is in order. God bless!