Laid Off On Closed Work Permit

[ahsan_cse2004]

Hi Experts,

My employer brought me here in 2021 by giving me a closed work permit which is valid for 2 years i.e. till Aug 2023. I worked for them until today and the employer laid me off stating that they are terminating my position for business-related decisions.

I immigrated here as a skilled worker through a global talent stream (fast-track) program and then the employer fired me. I want to live here and work. My family is already here and my daughters are going to school in Toronto. If I have to return to my home country India that will be a big hit for me and my daughter's future.

I have already applied for OINP a few months ago based on the job offer I had.

I am also waiting for my express entry ITA. In my express entry profile, I have mentioned that I am working in Canada for more than a year and I have a job offer from the same employer sponsoring my LMIA. But now, since I am laid off, does my express entry profile lose all the employment-specific points? Losing 50 points will be catastrophic for my future here and I doubt that I will get selected for any express entry/CEC or any PNP programs.

How can I change the conditions of the work permit? can I apply for BOWP? or is there any other way?
NOTE: I know that finding a new employer would change the conditions of my WP but I am not getting one who can sponsor that.

 

[Naturgrl]

Hi Experts,

My employer brought me here in 2021 by giving me a closed work permit which is valid for 2 years i.e. till Aug 2023. I worked for them until today and the employer laid me off stating that they are terminating my position for business-related decisions.

I immigrated here as a skilled worker through a global talent stream (fast-track) program and then the employer fired me. I want to live here and work. My family is already here and my daughters are going to school in Toronto. If I have to return to my home country India that will be a big hit for me and my daughter's future.

I have already applied for OINP a few months ago based on the job offer I had.

I am also waiting for my express entry ITA. In my express entry profile, I have mentioned that I am working in Canada for more than a year and I have a job offer from the same employer sponsoring my LMIA. But now, since I am laid off, does my express entry profile lose all the employment-specific points? Losing 50 points will be catastrophic for my future here and I doubt that I will get selected for any express entry/CEC or any PNP programs.

How can I change the conditions of the work permit? can I apply for BOWP? or is there any other way?
NOTE: I know that finding a new employer would change the conditions of my WP but I am not getting one who can sponsor that.

To count the 50 points, you need a letter stating you will have the job one year past PR. You need a new LMIA and work permit to count the 50 points if you are no longer employed. You aren’t elgible for a BOWP as you need an AOR after receiving your ITA. If your OINP was based on a job offer then that will be cancelled if you no longer have the job. Look at other PNP programs outside Ontario.

 

[ahsan_cse2004]

Thank you @Naturgrl.

So I should update my express entry profile indicating that I do not have my job anymore?
Also is there any way I can change my work permit to open work permit on humanitarian grounds?

Thanks

 

[scylla]

Thank you @Naturgrl.

So I should update my express entry profile indicating that I do not have my job anymore?
Also is there any way I can change my work permit to open work permit on humanitarian grounds?

Thanks

Yes, you should update your profile to indicate that you do not have a job offer.

No, there is no way to change your work permit to an open work permit on humanitarian grounds.

 

[YVR123]

Thank you @Naturgrl.

So I should update my express entry profile indicating that I do not have my job anymore?
Also is there any way I can change my work permit to open work permit on humanitarian grounds?

Thanks

You need to find another employer who is willing to apply for LMIA so that you can get a close work permit.

You cannot claim points without current employment.
You are a foreign worker. If you can find a new employer within a certain timeframe, may be you can stay but you likely need to switch to being on visitor status soon. You have not yet immigrated to Canada. You were working as a temporary foreign worker.
So you need to prepare for changes.

 

[canuck78]

Thank you @Naturgrl.

So I should update my express entry profile indicating that I do not have my job anymore?
Also is there any way I can change my work permit to open work permit on humanitarian grounds?

Thanks

You are required to update any changes to your profile. In general getting caught not being honest is what leads to problems with IRCC. Sounds like you will Unfortunately need to withdraw your application for express entry without the job offer. Your whole family will likely no longer have the ability to live in Canada as of August 2023 and living off savings is very difficult for a long period of time so you my have to leave Canada temporarily.

 

[ahsan_cse2004]

Thank you experts. Can I and my family stay here on visitor visa after August 2023. I plan to find jobs meanwhile. I know that I can stay here legally till August 2023 but when should I apply for visitor visa for extending my stay beyond that.

 

[Naturgrl]

Thank you experts. Can I and my family stay here on visitor visa after August 2023. I plan to find jobs meanwhile. I know that I can stay here legally till August 2023 but when should I apply for visitor visa for extending my stay beyond that.

You need TRVs to come into Canada. About 2 months before expiry then you change status to a visitor for all family members. Do your children’s permits expire in August too. If you don’t have a work permit, your children are not eligible to go to school with TRVs. They will need study permits and pay international fees.

 

[farooq555]

Left with no other options, give a try writing a letter to the immigration minister stating your position and the challenges you are facing due to closed work permit.

 

[ahsan_cse2004]

Thank you @farooq555. Do you know if there is any template for it or what is the address etc it should be sent to? How much time does it take to process?

On the other hand, if my wife gets an LMIA-approved job will me and my family be able to stay here? She is currently on open work permit and we both are looking for the job now. We are talking to a few consultants who are saying they have already got some LMIA approvals for jobs like cook, nanny etc. Suppose she gets an LMIA-approved job next month, will she or our family need to change the status immediately or status change will kick in after Aug when our original work permit/visa expires?

Is there anything that we need to take notice of while we are looking for new jobs?

 

[scylla]

Thank you @farooq555. Do you know if there is any template for it or what is the address etc it should be sent to? How much time does it take to process?

On the other hand, if my wife gets an LMIA-approved job will me and my family be able to stay here? She is currently on open work permit and we both are looking for the job now. We are talking to a few consultants who are saying they have already got some LMIA approvals for jobs like cook, nanny etc. Suppose she gets an LMIA-approved job next month, will she or our family need to change the status immediately or status change will kick in after Aug when our original work permit/visa expires?

Is there anything that we need to take notice of while we are looking for new jobs?

If your wife can obtain an approved LMIA and a closed work permit, this will allow her and your children to stay here. You cannot benefit from this situation since you are the principal foreign national. You would need to convert your status to visitor to stay beyond the expiry of your work permit as a tourist. If you want to work again, then you need to find an LMIA-supported job offer so that you can qualify for a new closed work permit.

For your wife, the job she secures should be somehow related to her past work experience and/or education.

I'm not sure what you mean by this: "Suppose she gets an LMIA-approved job next month, will she or our family need to change the status immediately or status change will kick in after Aug when our original work permit/visa expires?" Simply getting an approved LMIA doesn't change your status in Canada.

 

[ahsan_cse2004]

thank you @scylla. I understand what you say. What will be the next steps to change the status after getting LMIA approved job for my wife?
Also, If she is getting a closed LMIA-approved job can I not apply for an open work permit on her behalf? If yes then when? After Aug 2023 when my original closed work permit expires or as soon as my wife gets a LMIA-supported job?

 

[scylla]

thank you @scylla. I understand what you say. What will be the next steps to change the status after getting LMIA approved job for my wife?
Also, If she is getting a closed LMIA-approved job can I not apply for an open work permit on her behalf? If yes then when? After Aug 2023 when my original closed work permit expires or as soon as my wife gets a LMIA-supported job?

Your wife would need to apply for a new work permit, in this case a closed work permit tied to the specific employer listed on her LMIA. She would want to make sure that application is complete and received by IRCC before her current WP expires. She can apply as soon as she has the LMIA supported job offer. No need to wait.

I don't know what you mean by "can I not apply for an open work permit on her behalf?". Your wife would be applying for a closed work permit, and not an open work permit. Are you asking about yourself? If so, then you unfortunately do not qualify for an open work permit through her due to the principal foreign national rule that IRCC introduced a few years ago.

 

[farooq555]

Thank you @farooq555. Do you know if there is any template for it or what is the address etc it should be sent to? How much time does it take to process?

On the other hand, if my wife gets an LMIA-approved job will me and my family be able to stay here? She is currently on open work permit and we both are looking for the job now. We are talking to a few consultants who are saying they have already got some LMIA approvals for jobs like cook, nanny etc. Suppose she gets an LMIA-approved job next month, will she or our family need to change the status immediately or status change will kick in after Aug when our original work permit/visa expires?

Is there anything that we need to take notice of while we are looking for new jobs?

try sending an email to the below.
justin.trudeau@parl.gc.ca;

 

[Copingwithlife]

try sending an email to the below.
justin.trudeau@parl.gc.ca;

Least someone still has a sense of humour