Laid Off - LMIA (Closed Work Permit) has 12 months remaining - PR Submitted

[rockinjock]

Hi there folks,

I was laid off in April 2015 following a full year working under my NOC B (and current) LMIA work Permit. I managed to get my PR (CEC) application in early August 2015 following a positive invitation (despite being 'unemployed').

With the recession in full swing my previous employer is not rehiring and as I am here (essentially tied to them) on the closed work permit I am unable to work for anyone else...

Seeing as I applied for PR AFTER i was laid off and my 'job offer' letter from my previous employer was conditional on my residency coming through. In other words - if i get PR then they will rehire me as they would be no longer potentially upsetting CIC by hiring a TFW over a Canadian. So it is a little bit of a 'chicken and egg' situation i find myself in...

After speaking to CIC on the phone shortly after my lay off (April 2015) the lady said - I am not doing anything illegal by NOT working for them but only if i were to work for someone else - so I am now volunteering around Edmonton to keep sane.

It is coming up on 6 months being 'unemployed' and as i mentioned I still have a good 12 months on my current closed work permit. What are my options? Would an Open Bridging Work Permit be an option with 12 months still remaining on my current permit? All the other employers I have contacted are not willing to go through an LMIA with me as; a) it is a recession, and b) it would likely take around the same time to come through as my PR... What are my options - If any? We are running out of $ and all i want to do is work!!

Thanks

rockinjock

 

[daniel30]

Nothing my friend. Except wait. In the same boat as you.

 

[Kota1978]

Hi there folks,

I was laid off in April 2015 following a full year working under my NOC B (and current) LMIA work Permit. I managed to get my PR (CEC) application in early August 2015 following a positive invitation (despite being 'unemployed').

With the recession in full swing my previous employer is not rehiring and as I am here (essentially tied to them) on the closed work permit I am unable to work for anyone else...

Seeing as I applied for PR AFTER i was laid off and my 'job offer' letter from my previous employer was conditional on my residency coming through. In other words - if i get PR then they will rehire me as they would be no longer potentially upsetting CIC by hiring a TFW over a Canadian. So it is a little bit of a 'chicken and egg' situation i find myself in...

After speaking to CIC on the phone shortly after my lay off (April 2015) the lady said - I am not doing anything illegal by NOT working for them but only if i were to work for someone else - so I am now volunteering around Edmonton to keep sane.

It is coming up on 6 months being 'unemployed' and as i mentioned I still have a good 12 months on my current closed work permit. What are my options? Would an Open Bridging Work Permit be an option with 12 months still remaining on my current permit? All the other employers I have contacted are not willing to go through an LMIA with me as; a) it is a recession, and b) it would likely take around the same time to come through as my PR... What are my options - If any? We are running out of $ and all i want to do is work!!

Thanks

rockinjock

I read in some of the thread..One guy got BOWP even though he was not fulfilling 4 months rule that time he was having 6 or 7 months left.

My suggestion would be apply for BOWP (you don't have other option too) with clear explanation of your situation & hope you get a good officer , who is going to take decision based on your situation not LMIA. You never know.

I also came in LMO & when my employer said go back, I applied for BOWP & that time I was not having AOR no but by the time my application processed it came, point is here..take some risk before going back.... although I was not able to work for almost 6 months until BOWP came. Best of luck..

 

[saja_roy]

I read in some of the thread..One guy got BOWP even though he was not fulfilling 4 months rule that time he was having 6 or 7 months left.

My suggestion would be apply for BOWP (you don't have other option too) with clear explanation of your situation & hope you get a good officer , who is going to take decision based on your situation not LMIA. You never know.

I also came in LMO & when my employer said go back, I applied for BOWP & that time I was not having AOR no but by the time my application processed it came, point is here..take some risk before going back.... although I was not able to work for almost 6 months until BOWP came. Best of luck..

I have got my BOWP even when my closed work permit expiry was due 9 months. you just need to explain your situation clearly in the covering letter and must mention that you need open work permit so that you can work for any other employer and support your family to stay in canada untill a decision has been made by CIC on your PR application. Believe me you will get the BOWP. the only thing , there is 120 days delay in getting work permits.

 

[rockinjock]

Thanks a lot for the advice guys. I will look into a BOWP although 4 months is a long time... Would like to think that I have residency by then!

 

[akhil5293]

Guys I have the same situation, As I got a LMIA last year which was NOC C low skilled for 2 years and I only worked 6 months and I left the job because of some reason and started searching for New LMIA with supervisor, but haven't got any. I even didn't applied yet in any class, can you please advice what are my options now

 

[rockinjock]

Hey mate,

In my situation I considered the following options:

1. Go back to work for the LMIA company (it might suck but at least it is work for now).
2. If you cannot find work try to go on EI (Employment Insurance - if you have been here long enough you might qualify -- I worked here as a Temporary Foreign Worker for 12 months before being laid off and I was able to get it).
3. Get another company to sponsor you for a second (new) LMIA. This might be a lot easier in another province other than AB based on the price of Oil.
4. Going home hahaha - but seriously you could apply for Permanent Residency and then work at home while you wait to hear back...

If you are serious about staying in Canada I would definitely apply for Permanent Residency through one of the express entry schemes. You can do this with your current LMIA (I did this even while I was unemployed) and got accepted however there is still no guarantee. If you have 6 months (or less) remaining on your current work permit (and you have a permanent residency application in the system) you can apply for an open bridging work permit -- I hear that some people have done this with more than 6 months remaining on their permits and got it.

Each of these decisions take quite a bit of reading and consideration as the time and money commitments are big ones to consider & undergo - choose wisely!

Good luck & take care.

 

[singha5612]

I have got my BOWP even when my closed work permit expiry was due 9 months. you just need to explain your situation clearly in the covering letter and must mention that you need open work permit so that you can work for any other employer and support your family to stay in canada untill a decision has been made by CIC on your PR application. Believe me you will get the BOWP. the only thing , there is 120 days delay in getting work permits.

Is it true bro, that you can apply for bowp even before 4 months work permit expiry date? Please provide me an honest answer. I will be applying for bowp in august when my work permit is going to expire 4 months from that day but if i can apply sooner than that then it will be great

 

[raja amin]

Hey friends,

I am being laid off due to re structural changes in the company? I just converted my PGWP to close with this employer and that is valid for 2 years but I still need 7 more months to attain my PR.
I got AOR in June 27 2018 no medical request yet?

Now my employer states he is about to inform SINP as per law, I was in shock I contacted labor unit to help me resolve this situation and they referred it to employer unit which asks for new employer job approval and nomination etc. within 45 days in same NOC and stream.

What are my options? Employer is giving me good rating in Record of employment?

Would appreciate your positive advice feedback?

Thanks in advance.

 

[Wolfpmd3]

Hey friends,

I am being laid off due to re structural changes in the company? I just converted my PGWP to close with this employer and that is valid for 2 years but I still need 7 more months to attain my PR.
I got AOR in June 27 2018 no medical request yet?

Now my employer states he is about to inform SINP as per law, I was in shock I contacted labor unit to help me resolve this situation and they referred it to employer unit which asks for new employer job approval and nomination etc. within 45 days in same NOC and stream.

What are my options? Employer is giving me good rating in Record of employment?

Would appreciate your positive advice feedback?

Thanks in advance.

How did you apply if you haven't met the minimum work experience yet?? That's senseless... You'll get your application refused, that's for sure

 

[raja amin]

How did you apply if you haven't met the minimum work experience yet?? That's senseless... You'll get your application refused, that's for sure[/QUOTE]
Yes you are right that's what came to my knowledge from other sources- because my NOC is C and this is for express entry ones.