Quit a job in alberta on 2 year work permit

[Phil-Canada]

I have met a lady in Alberta she is on a work permit from Philippines for 2 years and has been working for 6 months. What are the repercussions if she were to quit her job and come live with me in BC Canada. My thoughts are is she allowed to stay until her 2 years are up? Will we have to reimburse her employer for airfare etc and training. Or would she have to leave Canada because of quitting her job.

She would not have to work if she was with me. I do have a business and could apply for lmo. I would like to sponsor her as PR after we would be together for a year as common law spouse.

Thanks in advance

 

[Phil-Canada]

Can nobody give me any info ? If you need more info or if the post is unclear please let me know.

Thanks

 

[marsiangal]

Hi there,
There are no repercussions, Canada is a free country, If an employee is not happy with an employer he/she can leave anytime.(Although you have to give notice depending on what was in her contract, probably 14 days notice of resignation) AND she can stay in Canada for as long as the permit is Valid.

This was based from my experience. I was working in another City on a work permit and my now husband has had to move to another City because of work and of course wants to take me with him. I quit the job In my City and moved with him (Was unemployed for quite a bit and he was the one taking care of bills until I got an open permit because he Sponsored me soon after we moved meaning I was holding my old permit around 6 months and still got approved to be sponsored so no problem) and the Employer can't do anything about it. You can look this up in the HRSDC website, that is a right of a worker even those in work permits. Actually even if she was fired the employer can not can her home. But for me I did all I had to do talk to them nicely, and thank them for everything they have done, told them the situation of my husband and you know just end things in good terms, so that you don't have anything in the back of your mind. PS. As far as I am concerned there is now law saying you have to pay the employer back for training and airfare, It was their job to pay for that anyways in the first place. The employer can not hold her back. but if it something you have to do to end in good terms, so be it I guess. Good luck!

 

[Leon]

An employee on a work permit is permitted to stay in Canada as long as the work permit is valid whether he is working or not. I have known plenty of foreign workers who quit their jobs. She has the right to stay in Canada and look for another job and try to get a new LMO and new work permit.

As for reimbursing the employer, that depends on the contract she has with the employer. If it is not in the contract, I doubt they can ask for anything back. Even if it's in the contract, the contract may not hold up in court. If she is in AB, there is some contact info here: http://eae.alberta.ca/labour-and-immigration/overview-of-immigration/temporary-foreign-workers.aspx for people who can help advise her about her rights.

 

[Phil-Canada]

Thank you so much for your replies.

This helps me out a great deal.

I couldn't find anything on HRDC website regarding this.

 

[Phil-Canada]

One more question please.

If we were to live together for one year or get married. Could my then wife/common law spouse apply for an open work permit ? If so would her chances be good or would we have to wait yet another 18 months for a PR to be completed.

If she could get open work permit how long is the wait for that.

Thanks in advance for your wisdom.

 

[marsiangal]

If you ever want to sponsor her once you become common law or get married, you can can submit an open work permit application together with the sponsorship and pr application, BUT they will not process the OWP application until your PR application Finishes the first phase or what they call Approval in principle (AIP). It usually only takes 6 months for that part plus the work permit processing time. However currently I've been reading that there are delays on that stage so might take longer. Depending of course on how the situation is at the offices when it is time for you to process yours.

Hope that helps!

 

[Phil-Canada]

That helps a great deal

Thank you so much.

 

[Phil-Canada]

How long for the open work permit part ??

 

[marsiangal]

Hey you, depending on how the visa officer processing the application, They can process it right away after the phase one or AIP is done. some people get it a week after some later.

 

[Phil-Canada]

Well we can only hope I will research more to make this work.

I appreciate all your input.

Thank you so much

 

[marsiangal]

Maybe you should marry her now and pass the sponsorship tomorrow or asap.LOL and open work permit will be here in 7 months. Just kidding.

your welcome and good luck to both of you.

 

[Phil-Canada]

Generaly how long will it take for AIP Considering she is on a 2 year work permit and by the time of application completed 1 year employment. Would it help or hurt if I have a small business here that I would hire her to work in.

Thanks

 

[Phil-Canada]

I would marry her tomorrow If it was that easy but she has an ex husband of 6 years or more so we have to get that dealt with either by divorce here in Canada or annulment there in Philippines. If you have any insight to the best and easiest way to go about that. It would be very helpful. I will do what ever it takes to get this to work. It seems like a Canadian has little rights whenit comes down to who he / she wants to be with for a partner and I understand why because of all the fraud. But Really its so hard but I guess if we love that person nothing can stop us

Good luck to everyone.

 

[marsiangal]

AIP is on avarage 6 months, but like i said everything is delayed right now so expect it to be 6-8 months. If you can manage to get an LMo for her with you business it will not hurt at all. As long as you keep everything legal, it shouldn't be a problem. Don't even consider under the table jobs cause that can cause deportation. before I got married my husband and I were common law and there was a lot of documents needed to prove it, joint account, bills paid with money togther proof that you are lving together etc. So my hubby was like just screw it get married.lol we only needed the marriage certificate and a FeW wedding and honey moon/vacation photos. and of the application goes. No problem at all.