Please, help me - new doubt!!!

[Renata Paula]

Hi,

I'm planning on quitting my job and go back home for couple of months. But I just heard that my company will inform CIC, as soon as I quit, that I am not their employee anymore. And I've heard I can have trouble on coming back to Canada without a job, cause my visa type is worker, but my WP is closed and I won't be working for this company anymore.

This could really happen??

 

[LCM21]

Have you applied for PR under CEC? This shouldn't influence your application at all. But indeed, you won't be able to return as a worker to Canada if you're currently under a closed work permit. When will you work permit expire? Perhaps you'll be eligible for a BOWP. Or otherwise a new employer could potentially apply for LMO.

 

[imatwkrp]

Hi,

I'm planning on quitting my job and go back home for couple of months. But I just heard that my company will inform CIC, as soon as I quit, that I am not their employee anymore. And I've heard I can have trouble on coming back to Canada without a job, cause my visa type is worker, but my WP is closed and I won't be working for this company anymore.

This could really happen??

Are you here on a closed work permit as a Temporary Foreign Worker for that specific company? If so, then yes, I suppose this could really happen. I will wait to see what wiser and more knowledgeable forum members say, but see this link at CIC's help page, too:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=169&t=17

If a company has to get a positive labor market opinion in order to extend the job offer to you that allows you to apply for the Temporary Foreign Worker permit, then it is possible the permit is conditional upon that company continuing to employ you. Is there any chance you could apply for another job and get a positive LMO and job offer from them, before quitting your current job?

Unfortunately, Regulation 185 seems to permit CIC officers to impose such conditions, yes: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-77.html#docCont

 

[jsm0085]

Hi,

I'm planning on quitting my job and go back home for couple of months. But I just heard that my company will inform CIC, as soon as I quit, that I am not their employee anymore. And I've heard I can have trouble on coming back to Canada without a job, cause my visa type is worker, but my WP is closed and I won't be working for this company anymore.

This could really happen??

To the best of my knowledge the employer can't cancel the work permit and you should be able to re enter Canada with your wp - but you obviously can't work!

 

[imatwkrp]

To the best of my knowledge the employer can't cancel the work permit and you should be able to re enter Canada with your wp - but you obviously can't work!

Yes, an employer is only an employer. They may inform CIC you are no longer employed with them, but only CIC can do anything to the actual work permit. As long as you have the permit, it is good unless and until the CIC says it is not!

 

[sara007]

Based on my understanding, No, You will not be able to re-enter Canada.

Reason: You will not have any legal status. If officer asks you, you cannot tell him that you still work for that company.

As soon as you resign from the company, You closed WP is void since it is tied to that company. You company does not necessarily need to inform CIC.

However, if you are already in Canada and you resign here, then you can still stay but cannot work.

Hi,

I'm planning on quitting my job and go back home for couple of months. But I just heard that my company will inform CIC, as soon as I quit, that I am not their employee anymore. And I've heard I can have trouble on coming back to Canada without a job, cause my visa type is worker, but my WP is closed and I won't be working for this company anymore.

This could really happen??

 

[jsm0085]

Based on my understanding, No, You will not be able to re-enter Canada.

Reason: You will not have any legal status. If officer asks you, you cannot tell him that you still work for that company.

As soon as you resign from the company, You closed WP is void since it is tied to that company. You company does not necessarily need to inform CIC.

However, if you are already in Canada and you resign here, then you can still stay but cannot work.

No the permit is not void at all. You cannot work but the permit remains valid until its expiry date. Search the forums the same issue has been discussed in detail previously.

You obviously have to be honest with any border officers but the wp itself is still valid - you just aren't Able to work.

 

[sara007]

I doubt one can convince Border Officer with this logic while re entering Canada.

No the permit is not void at all. You cannot work but the permit remains valid until its expiry date. Search the forums the same issue has been discussed in detail previously.

You obviously have to be honest with any border officers but the wp itself is still valid - you just aren't Able to work.

 

[orko]

I agree with Sara. If the officer at the border (or airport) is not convinced, she does not have any hope. While she is inside Canada, she can stay legally until her work permit expires. If she wants to travel, she should get a new work permit (if possible).

 

[jsm0085]

I agree with Sara. If the officer at the border (or airport) is not convinced, she does not have any hope. While she is inside Canada, she can stay legally until her work permit expires. If she wants to travel, she should get a new work permit (if possible).

The work permit is still valid. Of she can show she is able to support herself financially - she can re-enter. As I've said, I'm not giving my opinion - I'm going on previous cases. The fact that the cec application is in also helps.

 

[Renata Paula]

The work permit is still valid. Of she can show she is able to support herself financially - she can re-enter. As I've said, I'm not giving my opinion - I'm going on previous cases. The fact that the cec application is in also helps.

But this is not for sure, I would still have the chance of been denied to re enter Canada, is that right?

 

[kevin220]

Your employer can't get CIC to cancel your work permit. Work permit will not be void either.
However inorder to re-enter you need to convince border officer that there is a genuine reason for you to come back and will leave Canada on or before work permit expires. This will not be easy and I think it's almost certain that you will not be allowed re-entry.

 

[Cruiser55]

Your employer can't get CIC to cancel your work permit. Work permit will not be void either.
However inorder to re-enter you need to convince border officer that there is a genuine reason for you to come back and will leave Canada on or before work permit expires. This will not be easy and I think it's almost certain that you will not be allowed re-entry.

i agree with this 100%. You can stay in Canada until the end of your work permit, but to re-enter Canada, that is another issue and I don't think it is worth the risk!

 

[orko]

The work permit is still valid. Of she can show she is able to support herself financially - she can re-enter. As I've said, I'm not giving my opinion - I'm going on previous cases. The fact that the cec application is in also helps.

Valid work permit does not guarantee the re-entry in Canada. I am not giving my opinion either. Also I have not said the work permit will be invalid (I guess as I said I agree with Sara, you might have confused I have agreed on e'thing she said.. I was agreeing to her last message "I doubt one can convince Border Officer with this logic while re entering Canada. ") . I mentioned she will be able to stay in Canada legally until her work permit expires. However, in the port of entry, you will have to convince the customs officer your case. As she said she has closed work permit and if the officer is convinced that as she is not employed with that place any more- she does not have any more valid reason to get into the country, the officer can reject her (regardless of valid work permit).

 

[jsm0085]

Valid work permit does not guarantee the re-entry in Canada. I am not giving my opinion either. Also I have not said the work permit will be invalid (I guess as I said I agree with Sara, you might have confused I have agreed on e'thing she said.. I was agreeing to her last message "I doubt one can convince Border Officer with this logic while re entering Canada. ") . I mentioned she will be able to stay in Canada legally until her work permit expires. However, in the port of entry, you will have to convince the customs officer your case. As she said she has closed work permit and if the officer is convinced that as she is not employed with that place any more- she does not have any more valid reason to get into the country, the officer can reject her (regardless of valid work permit).

Well in future to help everyone out, if you are only partially agreeing with someone, it would be helpful to point that out at the time. This will prevent others being "confused". Remember that this is a forum, we communicate in writing, so all people can go on is what someone writes - we can't read minds!

As should be clear by this point, I agree that it's to the discretion of the VO. However, if you have the valid WP and have reason to be in Canada (even if you are no longer working) the officer can still grant you re-entry - that was my point. Also remember that this is the main point of discussion for this thread.