Need Help ASAP

[SparkyMarky]

Hey Guys, please read my situation and let me know your opinion..

I applied for my PR thru the Canadian Experience Class in March,the CIC received the application on the 7th of March. I got a letter on March 26th stating that my application is considered complete based upon my requirements and to wait until i get another letter for my medical exam. My first question is does this regard as First Approval?I've heard and read a lot that first letter is first approval?you get a receipt it also counts as first approval? can someone clarify this for me? i have applied for an open work permit which i sent all documents away plus the letter about my PR? can i get a open permit with this letter? My situation is pretty serious as I'm here an a LMO/Work Permit with a Company who have unfairly dismissed me from my job,in the must unorganized fashion you can think? they haven't sent out my ROE so i can't claim benefits ( even thou i don't want too) i have applied for another job,which i have offers in the door everyday,1 company told me they rang up my former employer to ask them to loan we out to them until they get the right paperwork together for me,i foolish believed and started to work for them,for me to find out that they were lying to me and which i had to cease my employment,i have offers everyday for jobs now and i heard that when you have an application in process with the CIC for open work permit you can work until its approved/refused i believe this not to be true but i heard it from a worker in the CIC.. its getting totally confusing now and i don't know where to look or turn right now? please help

 

[lpc19800]

When does your current permit expire? If its within 4 months you can use your aor and apply for an open bridging permit.
If your curent permit expires in that timeframe, you are on implied status - if not, you cannot work on the closed permit for another company

 

[SparkyMarky]

My Visa doesn't expire until 2015, i can't get a bridging visa.

 

[MenicMonday]

Companies are legally obliged (I think) to send ROE to the CRA. Use this to apply for EI.
No, you are not qualified for the Bridging WP if you are not within 4 months of current WP expiry date. So if your WP expires on Jan 2015, then the earliest you can apply is Sept 2014.

 

[LPS]

Employment insurance might be a big ask. The principle is that you have to be 'available' for work, and you are essentially unavailable for any job under your present work permit conditions.

 

[Maxim1251]

Employment insurance might be a big ask. The principle is that you have to be 'available' for work, and you are essentially unavailable for any job under your present work permit conditions.

I'd say that it is nearly impossible to get EI on closed WP. At least I failed to do that and Service Canada told me that they will pay me EI as soon as I get Open WP which was not an option for me as closed WP expires late December 2014 and CIC refused to issue an Open WP couple of times.

 

[SparkyMarky]

Yes its a very complicated situation right now. I got my AOR back in 19 days,I'm hoping its a sign of things will go smoothly but i can't sit at home forever up paid due to a company who let me go for unfairly after people admitted they were harassing and bullying me on purpose..

 

[lpc19800]

So i applied for bowp with 1+ yr on my wp.
At the same time i applied for EI and included my bowp application receipt.

At the time the rules had just changed but i was super surprised to get ei and denied bowp - crazy if you ask me but thats what i got

Another option is to get a lawyer and make a claim against your company

 

[MenicMonday]

Just apply for EI and see what happens, there are no fees involved plus the processing is not that long. Besides, the qualification period may lapse.
I did it successfully, showed them the job offers plus the AOR. I explained this in an interview with them.

 

[Maxim1251]

So i applied for bowp with 1+ yr on my wp.
At the same time i applied for EI and included my bowp application receipt.

At the time the rules had just changed but i was super surprised to get ei and denied bowp - crazy if you ask me but thats what i got

Another option is to get a lawyer and make a claim against your company

They asked me about BOWP application receipt... A couple of weeks after I've received a letter stating that they refuse to pay me EI...

 

[lpc19800]

They asked me about BOWP application receipt... A couple of weeks after I've received a letter stating that they refuse to pay me EI...

It's really stupid: you want to work and prefer to work but immigration says no and EI is paying you not to work. To me that doesn't make sense at all

 

[LPS]

It is an issue that comes up here often - an employee with ages left to go on a closed WP is terminated early because the budget ran out, the project/contract/thing that the person was earmarked for didn't eventuate, etc. These people often say their employer is "sending them back" to their home country, but on the other hand, they are pinning their immigration hopes on a pretty risky system.

It's really stupid: you want to work and prefer to work but immigration says no and EI is paying you not to work. To me that doesn't make sense at all

It does make more sense if the open WP is not allowed, then EI not be allowed either. If a TFW is seeking another job / LMO from within Canada, surely this is a project they should have to finance themselves.

So, what are the options here? Try for a BOWP anyway? As lpc hinted at, they seem to be stricter on the four-month rule than they used to be (see OB485A).

 

[Maxim1251]

It is an issue that comes up here often - an employee with ages left to go on a closed WP is terminated early because the budget ran out, the project/contract/thing that the person was earmarked for didn't eventuate, etc. These people often say their employer is "sending them back" to their home country, but on the other hand, they are pinning their immigration hopes on a pretty risky system.

It does make more sense if the open WP is not allowed, then EI not be allowed either. If a TFW is seeking another job / LMO from within Canada, surely this is a project they should have to finance themselves.

So, what are the options here? Try for a BOWP anyway? As lpc hinted at, they seem to be stricter on the four-month rule than they used to be (see OB485A).

OK, no problem, but why they subtract EI payments from my paycheck? It clearly looks like charging for a service but not providing one, right?
And I'd say (from my three attempts experience) chances to get BOWP while you have plenty of validity time left are close to NIL. But there is always a slight chance to write explanation letter good enough to convince Visa Officer to issue BOWP...

 

[LPS]

Maybe. But the EI premium is paid by almost everyone. I'm not even sure why it's levied separately from income tax.

 

[Maxim1251]

Maybe. But the EI premium is paid by almost everyone. I'm not even sure why it's levied separately from income tax.

It's in T4, so it might be possible to provide tax credit in case of closed work permit..