LMIA Exempt Work Permit validity after Layoff by employer

[mjampana]

Hi All

I am planning to come to Canada on W-1 Worker Visa through my employer. My Visa expiry date in the passport is Sep 30 2022. There are rumors about possible layoffs going to happen in my company. My question is after coming to Canada if my employer layoff me from the job and withdraw the work permit (as a standard practice our company will withdraw all visa permits once employee is out of the company), what will be my legal status in Canada. Will i have to immediately move out of Canada even though i have the Worker Visa stamping with expiry date till Sep 30 2022 or can i legally stay in Canada as my visa expiry is till 2022? I am understanding that once layoff i will no longer be able to work for another employer (since my Work permit is not Open Work Permit). But can i legally be allowed to stay in Canada and try to find another sponsoring employer to get a new work permit through new employer?

After layoff and employer withdrawal of work permit will it mean my work permit gets expired and the visa expiry date in the passport will no longer be valid?

Thank you
mjampana

 

[k.h.p.]

Your employer cannot withdraw the work permit. You can become ineligible to work in Canada once you are laid off, but the employer cannot "cancel" the permit. You would be entitled to remain in Canada based on the terms of your admission, or change the terms of your admission to a visitor, if you try to find someone who will apply for an LMIA (or offer you an LMIA exempt position)

 

[mjampana]

Thanks KHP, so legally i can stat in Canada and try to a new work permit. I already have visitor visa also valid for 10 years.

 

[mjampana]

Thanks k h p , so legally i can stay in Canada even after layoff by my employer and try for a new work permit? I already have Visitor Visa valid for 10 years.

 

[k.h.p.]

Thanks k h p , so legally i can stay in Canada even after layoff by my employer and try for a new work permit? I already have Visitor Visa valid for 10 years.

You can't stay in Canada for 10 years. It depends on the terms of your admission. You may have a six month or shorter time frame if you're laid off.

 

[canuck_in_uk]

Thanks KHP, so legally i can stat in Canada and try to a new work permit. I already have visitor visa also valid for 10 years.

You can stay in Canada for as long as your work permit is valid. Your employer can't revoke your status. However, in order to work for another employer, you would need a new job offer with a positive LMIA and to apply and be approved for a new work permit.

 

[snehamaryjohn]

My Husband is in layoff but employer given LMIA. Will this affect our CSQ and we are getting EI now.

 

[snehamaryjohn]

My Husband is in layoff but employer given LMIA. Will this affect our CSQ and we are getting EI now.

 

[canuck78]

My Husband is in layoff but employer given LMIA. Will this affect our CSQ and we are getting EI now.

If you husband is on a closed work permit he shouldn’t qualify for EI. You must be actively looking for employment to qualify for EI but on a closed WP you can’t be seeking out new employment. If you are applying for PR you must advise IRCC and Quebec that you are no longer working for your employer.

 

[snehamaryjohn]

If you husband is on a closed work permit he shouldn’t qualify for EI. You must be actively looking for employment to qualify for EI but on a closed WP you can’t be seeking out new employment. If you are applying for PR you must advise IRCC and Quebec that you are no longer working for your employer.

He is on OWP and it is temporarily layoff still he is the employee for that employer.

 

[canuck78]

He is on OWP and it is temporarily layoff still he is the employee for that employer.

If he is not longer working and receiving EI he would not be considered employed by IRCC. You are required to update IRCC even if there is a chance he may work for the employer in the future if they get more work. If IRCC contacts the employer they will not say that he remains employed at their business.

 

[snehamaryjohn]

If he is not longer working and receiving EI he would not be considered employed by IRCC. You are required to update IRCC even if there is a chance he may work for the employer in the future if they get more work. If IRCC contacts the employer they will not say that he remains employed at their business.

Currently he is the employee of the that company.But laid off temporarily (around 50 -60 members) due to budguet issue. So employer asked to claim EI till they call back.

 

[canuck78]

Currently he is the employee of the that company.But laid off temporarily (around 50 -60 members) due to budguet issue. So employer asked to claim EI till they call back.

If he is able to claim EI he is not working for the employer. You can’t be laid off and be employed at the same time. If IRCC sees that he is receiving EI or calls his employer they will say that he is not working he has been laid off. If the employer gets another project he will be rehired but if the employer never gets another job he won’t be rehired which is why he would be considered unemployed. He would have received an ROE when he was laid off. You don’t receive an ROE if you are employed. It sounds like he is wanting to count points as employed or job offer. What you are doing is misrepresentation. If it is ever discovered that you received PR based on misrepresentation, even after your receive citizenship, your status can be reassessed. You are required to update IRCC about any change to your profile. Not going into work everyday and receiving EI is a significant change. When it comes to IRCC if you are caught lying it will make things significantly worse.