Please help!

[PeachyPeach]

If someone can help it would be really appreciated.
Here is the situation:
My friends husband got laid off today, he is on an LMO from july 2012 until july 2014, they have an application in under the CEC and have their AOR. They are in a panic as to what his status is? The LMO is tied to the company. Does he need to change to visitor before midnight or something? Will he still be able to apply for BOWP?
We cant seem to find much info online about it.
Please help asap

 

[Ronan]

If someone can help it would be really appreciated.
Here is the situation:
My friends husband got laid off today, he is on an LMO from july 2012 until july 2014, they have an application in under the CEC and have their AOR. They are in a panic as to what his status is? The LMO is tied to the company. Does he need to change to visitor before midnight or something? Will he still be able to apply for BOWP?
We cant seem to find much info online about it.
Please help asap

Yes, you may apply BOWP.

 

[GHD1213]

Firstly, my understanding is even he got laid off, he is still legally to stay in Canada, but cannot work fir new employer with current wp. Secondly, he will be eligible for BOWP from April 1st if his current one expires by end of July. Your friend can apply with her for spousal owp.

 

[PeachyPeach]

Yes, you may apply BOWP.

Thank you Ronan for your quick response, so he needs to wait until 4 months before the LMO expires before applying for BOWP? Which means he cant apply until April.

Firstly, my understanding is even he got laid off, he is still legally to stay in Canada, but cannot work fir new employer with current wp. Secondly, he will be eligible for BOWP from April 1st if his current one expires by end of July. Your friend can apply with her for spousal owp.

Thank you for your input GHD1213, i really appreciate it. If my friend never got a wp from her husbands LMO, she cant apply for the BOWP right? They just dont know what to do until he can get the BOWP

 

[GHD1213]

Thank you Ronan for your quick response, so he needs to wait until 4 months before the LMO expires before applying for BOWP? Which means he cant apply until April.

Thank you for your input GHD1213, i really appreciate it. If my friend never got a wp from her husbands LMO, she cant apply for the BOWP right? They just dont know what to do until he can get the BOWP

Even she is on spousal owp, she is not eligible for BOWP as specified in OP 25A, what I meant is her husband could apply for BOWP with her application for spousal wp together. But you mean she is on visitor visa, right? If so, I am not quite sure of the procedures. But I think she should be still eligible for spousal owp as it us change of status. She can give cic help centre a call to clarify.

 

[PeachyPeach]

Even she is on spousal owp, she is not eligible for BOWP as specified in OP 25A, what I meant is her husband could apply for BOWP with her application for spousal wp together. But you mean she is on visitor visa, right? If so, I am not quite sure of the procedures. But I think she should be still eligible for spousal owp as it us change of status. She can give cic help centre a call to clarify.

Thank you so so much GHD1213, you've been so helpful

 

[PeachyPeach]

So my friends husband has been told by his old company that they are "cancelling the LMO"
Where does this leave him in regards to applying for the BOWP?
Is there anyway the spouse can get a work permit from the LMO after it has been activated? If they went to the border could she gain one?
Please advise, thank you

 

[MenicMonday]

I got laid off since June 2013. My Closed WP is up to Aug 2014.
I applied for CEC July 2013 (about to do my Medicals). Last week I got a call from CIC confirming some details, one of these was they asked if I was still with the company and I said No as I got laid off. He asked if I am employed I said No 'coz I need a sponsor and I just chose to wait it out (I'm living under EI plus some savings plus my spouse's salary - she has an open WP - can you imagine...).

VISA and WP are different (but related) documents. The VISA is a "permission" to stay, the WP is for you to do work-related activities.

 

[PeachyPeach]

I got laid off since June 2013. My Closed WP is up to Aug 2014.
I applied for CEC July 2013 (about to do my Medicals). Last week I got a call from CIC confirming some details, one of these was they asked if I was still with the company and I said No as I got laid off. He asked if I am employed I said No 'coz I need a sponsor and I just chose to wait it out (I'm living under EI plus some savings plus my spouse's salary - she has an open WP - can you imagine...).

VISA and WP are different (but related) documents. The VISA is a "permission" to stay, the WP is for you to do work-related activities.

Thank you MenicMonday for your helpful input, so you would you be eligible for bowp in the 4 months leading up to August? You are lucky you have a generous spouse
Do you know if they went to the border with his current LMO and she asked for a OWP, would they issue her one? The LMO expires in July

 

[MenicMonday]

Yes, I can apply by April for the BOWP.
However, with the rate the CEC processing is going, I may just wait for the PR. The BWOP processing is ~1 month so I can readily apply if in case the schedule becomes tight; for instance, I will leave for the US by July. I need to have the PR or have the BOWP and TRV by then.

Not sure about the LMO-Border thing...looks risky to me though.

 

[ritz0106]

I got laid off since June 2013. My Closed WP is up to Aug 2014.
I applied for CEC July 2013 (about to do my Medicals). Last week I got a call from CIC confirming some details, one of these was they asked if I was still with the company and I said No as I got laid off. He asked if I am employed I said No 'coz I need a sponsor and I just chose to wait it out (I'm living under EI plus some savings plus my spouse's salary - she has an open WP - can you imagine...).

VISA and WP are different (but related) documents. The VISA is a "permission" to stay, the WP is for you to do work-related activities.

Oh I fear I will be in a similar situation like yours in future. Please keep us posted. Thanks in advance GOOD LUCK for you.

 

[MenicMonday]

It's a reality and nothing to be ashamed of. I've met a lot of professionals who went through the same thing.
An employer can lay off an employee anytime as long as a Severance notice and package is provided (except for just cause).

 

[PeachyPeach]

Yes, I can apply by April for the BOWP.
However, with the rate the CEC processing is going, I may just wait for the PR. The BWOP processing is ~1 month so I can readily apply if in case the schedule becomes tight; for instance, I will leave for the US by July. I need to have the PR or have the BOWP and TRV by then.

Not sure about the LMO-Border thing...looks risky to me though.

Thank you very much, and good luck with your application

 

[jes_ON]

My friends husband got laid off today, he is on an LMO from july 2012 until july 2014,

An LMO is not an authorization to work in Canada. It is a required part of the application for a temporary work permit (TWP) for most temporary foreign workers, the TWP is what allows a foreign worker to live and work in Canada. I shall assume you mean that he has a 2 year LMO-approved TWP. If this assumption is wrong - if he never applied for or obtained a work permit - then he has been working without authorization.

they have an application in under the CEC and have their AOR. They are in a panic as to what his status is? The LMO work permit is tied to the company. Does he need to change to visitor before midnight or something? Will he still be able to apply for BOWP?

He is permitted to remain in Canada until the expiration date of on the work permit. He does not need to change to a visitor's permit. However, he cannot work for another employer until he receives a new work permit.

Yes, he can still apply for the BOWP, which is faster and more flexible than a TWP, because it does not require an LMO first, and it is "open," it is not tied to a specific employer.


So my friends husband has been told by his old company that they are "cancelling the LMO work permit."

No such thing. An (ex-)employer cannot cancel a work permit, it is issued by CIC to the individual permit holder, not a company. Only CIC can cancel a work permit. So no matter what the employer says, he can remain in Canada until the expiry of the work permit.

Where does this leave him in regards to applying for the BOWP?

It does not affect his eligiblity for the BOWP. I might be a little concerned, however, about the CEC application, because it may require employer verification.

Is there anyway the spouse can get a work permit from the LMO after it has been activated? If they went to the border could she gain one?

This is unclear. Technically, the ability of a spouse to obtain a spousal open work permit (SOWP) is tied to the TWP holder's employment. If he cannot provide current proof of employment, then the spouse is unlikely to be able to obtain the SOWP. Some have nonetheless succeeded.

A better option is to appy for the SOWP at the same time that the principal applicant applies for the BOWP. The two applications can be submitted together.

 

[gladaki]

It's a reality and nothing to be ashamed of. I've met a lot of professionals who went through the same thing.
An employer can lay off an employee anytime as long as a Severance notice and package is provided (except for just cause).

Agree with you. Wait for PR....Many employers who took my interview asked for PR..