On a WP w/ conditions attached to Employer. Got Fired Want to go home for 1 week

[jamesls1]

Hello Everyone,

I am new to this forum and need some help about my situation.

I came to Canada on a 2 year LMIA visa in October 2015 (I believe it is a skilled foreign worker visa). I came to work as a Recruitment Consultant for oil & gas workers and was sponsored by my company for a 1 year work permit (lasting til Oct 2016). (The idea was that I would get another one in Oct 2016 to max out the 2 years of the visa). I was approved through the LMIA programme.

Unfortunately I ended up not passing my probation with the company (oil & gas recruitment... hard to do in Calgary's current economy) so I was effectively fired at the beginning of April.

I have conditions on my work permit that says I can only work as a Recruitment Consultant for my previous Employer (named on the permit). Therefore any other company I apply for will have to sponsor me and I believe I'll have to go through the LMIA again.

I have applied for the IEC and am in the candidate pool to potentially get a working holiday permit. I'm hopeful that I get an invite as it should make applying for new jobs easier (with it being open). The thing there is that I just turned 30 so I believe this is my last chance for the IEC as I'm turning 31 in November. (Can anyone confirm this btw?)

The big question is... I am due to go back to England to see family for 1 week in early May (booked in!). So far I believe I'm allowed to stay in Canada until my work permit ends (despite not working) (This is what was explained to me in my exit interview). I'm concerned that if I leave Canada and come back through passport control / immigration they may take the work permit off me and put me on to a visitor visa which only lasts 6 months? Therefore I risk shaving 6 months off the current work permit I have.

Can anyone give me any advice as to what may happen? I went to Vegas for a week before I got fired and when I came back through passport control they more or less waved me through. I recall that they may have asked me if I still worked for my company and of course at that time I said yes as that was true.

I want to stay in Canada for as long as possible, as I have a girlfriend out here now and I hope to find work as soon as possible even if it involves going through another LMIA process! I have savings that I can use to get me through the downtime and I'm hopeful I may be able to get a job when things start to pick back up. Any knowledge on my over all situation will really be appreciated! Thank you.

 

[jamesls1]

Sorry but I really need help with this as I'm flying on the 7th May and need to book flights asap. Some of my friends here are telling me not to take the risk in case I don't get back into the country!

Can anyone offer any help / insight about what immigration are likely to do upon my return? Thanks in advance, I'm getting no answers anywhere.

 

[jamesls1]

Ok, from some online research, from a solicitor's website I can across:

The Effect of Employee Termination on Travel Abroad
Although foreign nationals who quit or have been terminated may normally remain in Canada as temporary residents until their work permits expire, they may find it difficult to re-enter Canada if they depart prior to the expiration of their work permits. CBSA officers at ports of entry will often refuse to re-admit holders of valid work permits once they learn that the foreign national is no longer working for the employer listed on that work permit.

The legal basis for this practice is not entirely clear. However, CBSA officers at ports of entry are responsible for determining the admissibility of arriving foreign nationals who seek admission as temporary residents. Some CBSA officers probably take the position that possession of a valid work permit alone does not establish the foreign national’s bona fide need to enter Canada, if the initial purpose for granting the work permit (i.e. employment with the stated employer) no longer exists.

Therefore it looks like it's fully down to the discretion of the immigration officer whether to let me back in.

Just thought I'd post this in case anyone else needs help with this topic in the future. I'm still hopeful someone on here / out there might be able to offer some advice or personal experience / insight as I guess my situation must have arisen before & will again.

Does anyone know whether, if I were to get refused re-entry under my WP and have it taken away, whether they could just issue me a visitor visa to let me back in? Or would I have to be on a plane home straight away?

 

[HoPe90]

I wish I could give you some insight into your situation , If you are able to , go through the foreign worker forum and see if you can find some of the senior members that give a lot of advice and ask them directly.

Hope this helps

 

[ozlis]

Ok, from some online research, from a solicitor's website I can across:

The Effect of Employee Termination on Travel Abroad
Although foreign nationals who quit or have been terminated may normally remain in Canada as temporary residents until their work permits expire, they may find it difficult to re-enter Canada if they depart prior to the expiration of their work permits. CBSA officers at ports of entry will often refuse to re-admit holders of valid work permits once they learn that the foreign national is no longer working for the employer listed on that work permit.

The legal basis for this practice is not entirely clear. However, CBSA officers at ports of entry are responsible for determining the admissibility of arriving foreign nationals who seek admission as temporary residents. Some CBSA officers probably take the position that possession of a valid work permit alone does not establish the foreign national’s bona fide need to enter Canada, if the initial purpose for granting the work permit (i.e. employment with the stated employer) no longer exists.

Therefore it looks like it's fully down to the discretion of the immigration officer whether to let me back in.

Just thought I'd post this in case anyone else needs help with this topic in the future. I'm still hopeful someone on here / out there might be able to offer some advice or personal experience / insight as I guess my situation must have arisen before & will again.

Does anyone know whether, if I were to get refused re-entry under my WP and have it taken away, whether they could just issue me a visitor visa to let me back in? Or would I have to be on a plane home straight away?

You would need to have proof that you are able to support yourself without working and have no intention of working which may be tough to do.

It is totally at the discretion of the officer.

That said, entirely possible that they don't ask if you are still employed by that employer.

 

[jamesls1]

Thanks for the help guys!

Just to give everyone an update on this subject in case it ever arises for anyone else in the future (with Calgary's current economy and the amount of foreign workers here I'm sure something similar will happen again), I thought I'd just share my conversation with a CIC immigration call centre worker / official..

She basically told me that my closed work permit is valid until it expires (despite having been laid off), and that it allows for multiple re-entry into Canada. The only thing is that it allows for questioning (that's what it means by "this does not guarantee re-entry"). So she said yes it is down to the discretion of the border control officer but she believes I'll be fine as long as I'm fully honest and I give a clear account of my circumstances and reason for going home. Basically just answer their questions and it should be OK. She also said they may not even ask and just let me straight through, so it's hard to tell.

She actually went into my file using the UCI number on my work permit to look at my individual case and she said I have an EPA in place until 2020 (a 4 year period which to enter Canada, whether as a worker or a tourist) so this alone will allow me to get visitor visas and stay in Canada. This was granted to me the same day as my work permit. She advised obviously that the best thing to do is start looking for new employers to sponsor me under an LMIA again, but this can be done while on a visitor visa. So if they do take my WP away they should just grant me a visitor visa and let me pass through with that.

None of the above is certain by any means but it fills me with a bit more confidence about being able to go back to England for a week and get back in. The feeling I got of her attitude about the whole conversation was "of course you'll be able to come back". I'm still slightly worried but I'm going to see what happens.

Hope this helps people in the future.

 

[swish kapoor]

hello brother,
i m new on this forum, i ma also having a consultant which is giving me two year contract base w1 category visa, is it possible

 

[Pepper88]

Thanks for the help guys!

Just to give everyone an update on this subject in case it ever arises for anyone else in the future (with Calgary's current economy and the amount of foreign workers here I'm sure something similar will happen again), I thought I'd just share my conversation with a CIC immigration call centre worker / official..

She basically told me that my closed work permit is valid until it expires (despite having been laid off), and that it allows for multiple re-entry into Canada. The only thing is that it allows for questioning (that's what it means by "this does not guarantee re-entry"). So she said yes it is down to the discretion of the border control officer but she believes I'll be fine as long as I'm fully honest and I give a clear account of my circumstances and reason for going home. Basically just answer their questions and it should be OK. She also said they may not even ask and just let me straight through, so it's hard to tell.

She actually went into my file using the UCI number on my work permit to look at my individual case and she said I have an EPA in place until 2020 (a 4 year period which to enter Canada, whether as a worker or a tourist) so this alone will allow me to get visitor visas and stay in Canada. This was granted to me the same day as my work permit. She advised obviously that the best thing to do is start looking for new employers to sponsor me under an LMIA again, but this can be done while on a visitor visa. So if they do take my WP away they should just grant me a visitor visa and let me pass through with that.

None of the above is certain by any means but it fills me with a bit more confidence about being able to go back to England for a week and get back in. The feeling I got of her attitude about the whole conversation was "of course you'll be able to come back". I'm still slightly worried but I'm going to see what happens.

Hope this helps people in the future.

Hi
I do have questions for you. I am in this situation right now and I am glad that I found this thread. Thank you for your input tho. Anyways, my question is, I got fired from my job under nominee, already done my medical for my PR application. My work permit will expire in March 2017 but no longer working in there as they fired me just this month. The Immigration PNP officer said that I need to find a new employer within 3 months and that would expire in Feb 2017. I already booked my ticket going back home for my Mom's operation and already booked the ticket of going back to Canada in January. My Canadian partner will go with me too, how did you actually make out? Were you able to do it make it home and back to Canada?How was your situation at the port of entry I just want to know as I think we both have somewhat the same situation. Your answer is highly appreciated. Thank you!