Open work permit to Visitor Visa

[sabinous]

Hi everyone,

I am currently on an open work permit (through my partner who is on an LMIA visa). He is leaving his job at the end of February which means that his LMIA visa will be cancelled. I am his common-law spouse so I will also lose my open work permit.

I need to stay in Canada for one month extra, does anyone know if I have to border hop to get onto a visitor visa? Or if I stop working on the day that his visa finishes, can I just stay in Canada until I am ready to leave one month later?

Any advice would be great! Thank you!

 

[canuck78]

Hi everyone,

I am currently on an open work permit (through my partner who is on an LMIA visa). He is leaving his job at the end of February which means that his LMIA visa will be cancelled. I am his common-law spouse so I will also lose my open work permit.

I need to stay in Canada for one month extra, does anyone know if I have to border hop to get onto a visitor visa? Or if I stop working on the day that his visa finishes, can I just stay in Canada until I am ready to leave one month later?

Any advice would be great! Thank you!

Your permit won’t get cancelled. You can work until it expires.

 

[sabinous]

Your permit won’t get cancelled. You can work until it expires.

Thanks for getting back to me.

Even though my partner will be quitting his job and leaving the country, I can still continue to work? I thought as soon as he quit his LMIA visa would be cancelled and therefore my visa which is attached to his will also be cancelled.

 

[canuck_in_uk]

Thanks for getting back to me.

Even though my partner will be quitting his job and leaving the country, I can still continue to work? I thought as soon as he quit his LMIA visa would be cancelled and therefore my visa which is attached to his will also be cancelled.

Work permits remain valid until expiry or formal revocation by IRCC. IRCC doesn't revoke permits when people quit jobs.

 

[sabinous]

Hmmm interesting thanks for the feedback.

Not sure if you can answer this but I'll explain my partners situation...

He on a LMIA work permit, he is a plumber and he had to pass his red seal plumbing exam within one year of the visa starting. He has unfortunately failed the exams and cannot be a red seal plumber. We thought he would have to quit his job and leave before the one year is up to avoid overstaying. Do you believe he might be able to continue working until his visa expires in 2021?

 

[canuck_in_uk]

Hmmm interesting thanks for the feedback.

Not sure if you can answer this but I'll explain my partners situation...

He on a LMIA work permit, he is a plumber and he had to pass his red seal plumbing exam within one year of the visa starting. He has unfortunately failed the exams and cannot be a red seal plumber. We thought he would have to quit his job and leave before the one year is up to avoid overstaying. Do you believe he might be able to continue working until his visa expires in 2021?

Who required that he pass the exam within a year getting the work permit?

If his job still meets all of the requirements of the LMIA, he can continue working. If he can't do the job as specified in the LMIA, he can't continue working but can remain in Canada for as long as his permit is valid.

 

[sabinous]

It is the Alberta trade association (AIT) that requires him to pass his red seal exam within one year to then become a journeyman plumber.

But I guess that because he cannot fulfil his job requirements e.g didn't pass his exam. Then he cannot continue working.

 

[canuck_in_uk]

It is the Alberta trade association (AIT) that requires him to pass his red seal exam within one year to then become a journeyman plumber.

But I guess that because he cannot fulfil his job requirements e.g didn't pass his exam. Then he cannot continue working.

If he is not allowed to work as per the AIT, then no, he cannot keep working.

 

[21Goose]

Hmmm interesting thanks for the feedback.

Not sure if you can answer this but I'll explain my partners situation...

He on a LMIA work permit, he is a plumber and he had to pass his red seal plumbing exam within one year of the visa starting. He has unfortunately failed the exams and cannot be a red seal plumber. We thought he would have to quit his job and leave before the one year is up to avoid overstaying. Do you believe he might be able to continue working until his visa expires in 2021?

As said above, he may have to quit his job, but he can continue to live in Canada till the day his work permit expires. He does not have to leave immediately. However, if he wants to work, he will need a new LMIA & work permit - he can't just get a new job.

Your OWP will continue to be valid and you can keep working. Your husband can look for work and try and get a new LMIA/Work Permit.