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Legal stay in Canada after layoff on a closed work permit

rajns

Star Member
Jan 28, 2022
66
21
After a lay off while on a closed work permit, can one stay legally in Canada and look for another job till the current work permit expires?

If found another job, after applying for another closed work permit, can one start the work on the implied status?
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,524
After a lay off while on a closed work permit, can one stay legally in Canada and look for another job till the current work permit expires?

If found another job, after applying for another closed work permit, can one start the work on the implied status?
Yes you can remain in Canada but no you can’t work until you gave a new WP and the employer has an approved LMIA if it is required. That could mean 6-8 months without working in many cases.
 
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rajns

Star Member
Jan 28, 2022
66
21
Thanks for the information. Will this impact spouse working on open work permit? i.e should spouse stop working until a new job is found and wp applied for?
 

scylla

VIP Member
Jun 8, 2010
95,872
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for the information. Will this impact spouse working on open work permit? i.e should spouse stop working until a new job is found and wp applied for?
No impact. Spouse can keep working.
 

dheerain

Newbie
Aug 20, 2023
6
4
Can i apply for open work permit based on my wife's open work permit status stating that she is working here in canada
 

dheerain

Newbie
Aug 20, 2023
6
4
Yes, We are in canada, We both landed here in march , I was working for the company , But because the client took back the project . They had to do the layoff.
 

Naturgrl

VIP Member
Apr 5, 2020
44,945
9,522
Yes, We are in canada, We both landed here in march , I was working for the company , But because the client took back the project . They had to do the layoff.
So she got her permit based on your closed work permit? If so, you are not eligible for a SOWP as you are the one who is the principal foreign applicant.
 
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dheerain

Newbie
Aug 20, 2023
6
4
What all options Do I have now ?
I am trying to find my next job. But all comes down to the work permit issue.
Can I still apply for EI.
 

Naturgrl

VIP Member
Apr 5, 2020
44,945
9,522
What all options Do I have now ?
I am trying to find my next job. But all comes down to the work permit issue.
Can I still apply for EI.
You need a LMIA to apply for closed work permit. You can apply for EI but you may be refused as one of the requirements is:
  • are ready, willing and capable of working each day
  • are actively looking for work (you must keep a written record of employers you contact, including when you contacted them)
You are not able to work because you are on a closed work permit.



https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/eligibility.html
 

dheerain

Newbie
Aug 20, 2023
6
4
I did check with a lawyer, Since I pay EI every month and my hours are completed and I can actively look for work with another employer who can provide LMIA , I will be eligible for EI.
 

brustembekov

Newbie
Sep 5, 2023
2
0
Hi, I'm on the same boat. I was laid off on a closed work permit then I temproarily left Canada leaving behind my personal belongings in storage and car. Now I want to travel to Canada to take care my stuff and probably search for a job. Can I enter with a closed work permit and valid visa or I need a visitor visa to enter to Canada? Thanks in advance!
 

Naturgrl

VIP Member
Apr 5, 2020
44,945
9,522
Hi, I'm on the same boat. I was laid off on a closed work permit then I temproarily left Canada leaving behind my personal belongings in storage and car. Now I want to travel to Canada to take care my stuff and probably search for a job. Can I enter with a closed work permit and valid visa or I need a visitor visa to enter to Canada? Thanks in advance!
Do you have a valid TRV to enter? If so, yes.
 

brustembekov

Newbie
Sep 5, 2023
2
0
Do you have a valid TRV to enter? If so, yes.
I have a visa which is under W-1 | Worker Category which I got first time when my closed work permit was approved and I sent my passport to stamping. Do I need to apply to TRV as Visitor visa or my current visa is good?