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Open Work Permit vs. Permanent Resident Status

Natalka86

Star Member
Jul 1, 2013
59
9
Does open work permit poses any hidden restrictions as to where you can be employed? In case, there are no restrictions on OWP itself, can employer refuse hiring a person, based on OWP fact?
To my understanding, OWP puts us on the same level with PRs in labor market, where our qualifications compete, not our status. However, I faced the situation where job posting said "Only citizens and/or PRs can apply". I called Employment Standards and they said they could not answer this question, forwarding me to Immigration.
Has anyone been in situation like this?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


Natalka86 said:
Does open work permit poses any hidden restrictions as to where you can be employed? In case, there are no restrictions on OWP itself, can employer refuse hiring a person, based on OWP fact?
To my understanding, OWP puts us on the same level with PRs in labor market, where our qualifications compete, not our status. However, I faced the situation where job posting said "Only citizens and/or PRs can apply". I called Employment Standards and they said they could not answer this question, forwarding me to Immigration.
Has anyone been in situation like this?
1. Not necessarily, some jobs require security clearances which employers of TFW usually can't get.
2. Also some employers want employees for long term, if they intend to train them and don't want to waste time/money on TFWs who many not become PRS.
3. Also apprenticeships require that the employee be a PR/Citizen.
 

gladaki

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Jul 15, 2012
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Natalka86 said:
Does open work permit poses any hidden restrictions as to where you can be employed? In case, there are no restrictions on OWP itself, can employer refuse hiring a person, based on OWP fact?
To my understanding, OWP puts us on the same level with PRs in labor market, where our qualifications compete, not our status. However, I faced the situation where job posting said "Only citizens and/or PRs can apply". I called Employment Standards and they said they could not answer this question, forwarding me to Immigration.
Has anyone been in situation like this?
I lost job offers in past becoz they require PR
 

Natalka86

Star Member
Jul 1, 2013
59
9
PMM, this can be reasoning from employer's side, but it doesn't make it law. Hiring PR doesn't mean he/she will stay long, everyone has same right for 2 week notice, so this one is more of an excuse. The question, whether the situation is legal or is it discrimination, remains open.
IMHO If there are any security issues, this will be clearly outlined in offer, ie "Only PR due to high security requirements". Position I mentioned doesn't have any restrictions as part of job, this is what made me question the legacy.
gladaki, did you have OWP at the time? Do you think that was connected to security aspect of job you applied for?
 

gladaki

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Natalka86 said:
PMM, this can be reasoning from employer's side, but it doesn't make it law. Hiring PR doesn't mean he/she will stay long, everyone has same right for 2 week notice, so this one is more of an excuse. The question, whether the situation is legal or is it discrimination, remains open.
IMHO If there are any security issues, this will be clearly outlined in offer, ie "Only PR due to high security requirements". Position I mentioned doesn't have any restrictions as part of job, this is what made me question the legacy.
gladaki, did you have OWP at the time? Do you think that was connected to security aspect of job you applied for?
Not sure.. It's a big oil company .. Also in case of small companies
They r concern with PR issues..yes I have owp
 

lpc19800

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May 21, 2013
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While it can be deemed a form of discrimination, I'm not sure you'll have much of an argument with the company since companies are encouraged to hire Canadians (citizens or pr's) and to reduce the number of work permits they are securing - instead of saying they welcome applicants with "PR, citizenship or open work permits", they've simply shut the door on ALL work permits.
A better ad would say that they can only hire those with the right to work in Canada - which would then include OWP's.
 

gladaki

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lpc19800 said:
While it can be deemed a form of discrimination, I'm not sure you'll have much of an argument with the company since companies are encouraged to hire Canadians (citizens or pr's) and to reduce the number of work permits they are securing - instead of saying they welcome applicants with "PR, citizenship or open work permits", they've simply shut the door on ALL work permits.
A better ad would say that they can only hire those with the right to work in Canada - which would then include OWP's.
I got the rejection later that I am not permanent eligible to work
In canada.
 

nandoU

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Mar 10, 2013
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gladaki said:
I got the rejection later that I am not permanent eligible to work
In canada.
Well that's wrong then!...as I am going to assume (since it is the main point on this topic) you have an OWP.

I don't mention anything about my citizenship on my applications, once in an interview is when I bring the topic, among the things I mention are that OWP means that I have applied to PR and I have big chances to become one, while at the same time the government allows me to apply pretty much to any job, in any province I want!
 

LPS

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Aug 7, 2013
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Ultimately, if an employer doesn't want to hire temporary foreign workers then that is their prerogative.

nandoU said:
I don't mention anything about my citizenship on my applications, once in an interview is when I bring the topic, among the things I mention are that OWP means that I have applied to PR and I have big chances to become one, while at the same time the government allows me to apply pretty much to any job, in any province I want!
Agreed.

Even if you are on a path to permanent residency, don't mention your foreign citizenship or temporary worker status on your resume. They may ask in the interview - at this point, of course, you should be honest, but you also have the opportunity to explain that it's an open permit and you have a PR application in progress.
 

gladaki

Champion Member
Jul 15, 2012
1,683
27
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
17-11-2013
AOR Received.
30-12-2013
IELTS Request
submitted with application
Med's Done....
Upfront on 29th April..Updated on Ecas on 26th May
Passport Req..
11-07-2014
VISA ISSUED...
17-07-2014
LANDED..........
20-07-2014
LPS said:
Ultimately, if an employer doesn't want to hire temporary foreign workers then that is their prerogative.

Agreed.

Even if you are on a path to permanent residency, don't mention your foreign citizenship or temporary worker status on your resume. They may ask in the interview - at this point, of course, you should be honest, but you also have the opportunity to explain that it's an open permit and you have a PR application in progress.
In case of some....they clearly mention
Successful applicants must:



• Be permanently eligible to work in Canada

• Participate in pre-employment background screening

http://jobview.monster.ca/Instrumentation-Technician-Mechanic-Electrician-Job-Norman-Wells-NT-CA-128844780.aspx?WT.mc_n=Indeed_CA&from=indeed