Need advise - Eligible for BOWP in July - Employer sending back to home country!

[wonderclicks]

Hi All,

Need your expert advise ASAP.

I am in a situation where in my employer has asked me to go back to my home country as my project got closed. I have applied for PR under CEC and has AOR email, i am unable to apply for BOWP at this time as my closed WP is expiring in October.

Seniors please advise on what are the options i have at this time, my questions are as follows:

Can i put my papers and stay back till July and apply for BOWP and than look for job? Is this legal ?
Once i put my papers, I heard that my employer can withdraw the WP / visa if an employer resigns from the company. Is this true?
Will i get BOWP if i apply in July after resigning from the current employer?

I just want to ensure i am not violating any laws by staying illegally and get into any troubles.

Please advise ASAP.

Thanks,
Wonderclicks

 

[thisisauser]

Your work permit is closed but still valid until October. That means you can stay in Canada until then, but won't be able to work anymore.

Your employer doesn't have the authority to "send you back home". Wait until July and then apply for BOWP.

 

[iamelle]

We are in the same situation. My husband has a closed work permit and I have an open work permit. Their project ended early and we are being sent home and for him to go back to their branch in our home country as early as February. I applied for PR thru CEC and received our AOR last March, but then we are not eligible to apply for BOWP until the first week of May. So what my husband did was file for a 6-month leave citing personal reasons. He's out of work from Feb up to this day but we already got our OWP about a week or two weeks ago. Now he's about to resign from his job in our home country and he's now legal to find work anywhere in Canada.

If you could stay until such time that you're eligible for BOWP, I suggest you should. It's just a matter of time

 

[Applebite]

It's sad situation !!! IT Companies works like this only when they need they send you and when they dont send you back, I don't know why they don't understand that Employee also have rights to choose where he/she would like to work.

In your case you have valid WP, tell your employer clearly that you don't wanna go back hopefully they will understand, if nothing works out better to resign and stay at home, apply for a bridge permit and start work again.

 

[pfse]

wonderclicks
If your employer threatens to have you deported from Canada or taking WP from you, than it is serious offence and you can say this to your employer right away. If your employer does not understand this than you can report him.

http://www.cic.gc.ca/english/resources/publications/tfw-rights.asp

 

[jes_ON]

Can i put my papers and stay back till July and apply for BOWP and than look for job? Is this legal ?
Yes

Once i put my papers, I heard that my employer can withdraw the WP / visa if an employer resigns from the company. Is this true?
Not true. Only CIC issues work permits and visas, not employers.

Will i get BOWP if i apply in July after resigning from the current employer?
It sounds like you will be eligible then. (The only possible problem is if, for some reason, CIC has decided you aren't eligible under the CEC program and your application is refused before you get the BOWP. Don't know your timeline, tho...)

 

[SimK]

We are in the same situation. My husband has a closed work permit and I have an open work permit. Their project ended early and we are being sent home and for him to go back to their branch in our home country as early as February. I applied for PR thru CEC and received our AOR last March, but then we are not eligible to apply for BOWP until the first week of May. So what my husband did was file for a 6-month leave citing personal reasons. He's out of work from Feb up to this day but we already got our OWP about a week or two weeks ago. Now he's about to resign from his job in our home country and he's now legal to find work anywhere in Canada.

If you could stay until such time that you're eligible for BOWP, I suggest you should. It's just a matter of time

This sounds as the best option to me. I'd say its perfectly handled by you guys.

@wonderclicks

I'm sure your employer cant threaten you or force you to leave the country but the best suggestion is to do what "iamelle" did. I'm also sure they made you sign some papers before sending you to Canada and this is how these companies hedge themselves.

In my opinion, why to complicate the situation when you can play smart and file a personal leave mentioning some unavoidable situation and one you get your BOWP, put your papers. That'll be a win win situation for you!

 

[wonderclicks]

We are in the same situation. My husband has a closed work permit and I have an open work permit. Their project ended early and we are being sent home and for him to go back to their branch in our home country as early as February. I applied for PR thru CEC and received our AOR last March, but then we are not eligible to apply for BOWP until the first week of May. So what my husband did was file for a 6-month leave citing personal reasons. He's out of work from Feb up to this day but we already got our OWP about a week or two weeks ago. Now he's about to resign from his job in our home country and he's now legal to find work anywhere in Canada.

If you could stay until such time that you're eligible for BOWP, I suggest you should. It's just a matter of time

Thanks iamelle for detailed info

Hope i follow the same route and works for me too

Wonderclicks

 

[wonderclicks]

Thank you all for your valuable feedback / suggestion

Now my confidence has tripled

I will stay back till July and apply for BOWP and look for job.

Wonderclicks

 

[arorkama]

As long as you have valid temporary resident visa, you can stay in canada. Does not matter, even if your employer tries to cancel you work permit.

 

[iamelle]

Thank you all for your valuable feedback / suggestion

Now my confidence has tripled

I will stay back till July and apply for BOWP and look for job.

Wonderclicks

Glad to be of help. It really works. Just stay focused on what your goal is. Oh, and my husband was able to file for EI. At first it was disapproved. But after writing an explanation letter that we have applied for PR and BOWP, it was approved and he already got the first EI payment.

This sounds as the best option to me. I'd say its perfectly handled by you guys.

Thank you SimK. I got the best advise from this forum. So thankful for the generosity of the members here

 

[wonderclicks]

Glad to be of help. It really works. Just stay focused on what your goal is. Oh, and my husband was able to file for EI. At first it was disapproved. But after writing an explanation letter that we have applied for PR and BOWP, it was approved and he already got the first EI payment.

Hi iamelle

You are awesome, EI is good news for me. I heard about it, but was not sure whether i am eligible for that, you made my day

Will let you know if need any other info once i get my BOWP.

Thanks a ton !!

Wonderclicks


Thank you SimK. I got the best advise from this forum. So thankful for the generosity of the members here