Pls help...Applying for new WP but present WP is only served for 2mos this far..

[Regdor]

Hi! I just have a concern regarding my friend/cousin and hoping someone could help him on this.

My cousin who is also here in Canada has been working for his employer for only 2 mos now. But, he got a new LMO, and will apply for work permit for new employer. Question: 1) Will there be any breach of contract because the contract says the duration of employment is 2 years, but in the notice of resignation clause, it states that the employee can resign by giving notice in advance of a week or two.

2) Secondly, will the short employment of 2 mos with existing employer affect his application for work permit with new employer? Is it okay with CIC?

3) Thirdly, what if he resigns from present employer (with valid work permit still), and the application for work permit for new employer has been denied, is his stay in Canada still valid on the basis of his present WP but resigned?

4) He has the posiive LMO already, and will apply for WP soon, is there a ground for denial? Or it is safely assumed that once LMO is available, and all questions are answered, then WP will be approved?

Thank you for your reply.

 

[Hope4MapleLeaf]

1) Will there be any breach of contract because the contract says the duration of employment is 2 years, but in the notice of resignation clause, it states that the employee can resign by giving notice in advance of a week or two.
=> read through the Employment Agreement or Contract ...if there's nothing there that says breach of contract, then he can rightfully resign with the proper notice period

2) Secondly, will the short employment of 2 mos with existing employer affect his application for work permit with new employer? Is it okay with CIC?=> I don't think CIC will check the tenure with the previous employer... there's nothing in the form that asks you to explain why you left your previous employer or why you want to change employer...

3) Thirdly, what if he resigns from present employer (with valid work permit still), and the application for work permit for new employer has been denied, is his stay in Canada still valid on the basis of his present WP but resigned?
=> the first employer may ask CIC to invalidate the first work permit ....if for that reason and the 2nd work permit was denied ...then he has no more status in canada

4) He has the posiive LMO already, and will apply for WP soon, is there a ground for denial? Or it is safely assumed that once LMO is available, and all questions are answered, then WP will be approved?=> normally you have a good chance of approval....however, it still the call of the CIC officer to grant the permit or not

Note: this is just my opinion....