Re-Entering Canada on closed Work permit after 5 months - then apply BOWP

[sjs_van]

Hello Experts

I was working in Canada for over 2 years on employer work permit. My work assignment got over and so I was sent back but before getting back to India in the month of June 2013, I applied for PR under CEC which is under process.
Now My current WP (which is closed) is valid until Jan 2014 and now I am planning to go back to Canada on my own mid next month without my employers knowledge.

I know I am already eligible for a Bridging open work permit once I enter Canada.

Questions:
1) Will there be a problem when I land in Canada after approx 5 months?

2) Advise on things to tell at the immigration?

3) Should I be applying Open work permit for both (husdand and wife) together or apply mine first and then my wifes?

4) Anything that I need to know before I take this step.

Any Inputs will be highly appreciated.

Additional Info – We are a family of 3 and spouse is already on a dependent open work permit which expires on the same day as mine.
I am planning to apply for an BOWP on the day I land (Online)

 

[sashali78]

Hello Experts

I was working in Canada for over 2 years on employer work permit. My work assignment got over and so I was sent back but before getting back to India in the month of June 2013, I applied for PR under CEC which is under process.
Now My current WP (which is closed) is valid until Jan 2014 and now I am planning to go back to Canada on my own mid next month without my employers knowledge.

I know I am already eligible for a Bridging open work permit once I enter Canada.

Questions:
1) Will there be a problem when I land in Canada after approx 5 months?

No it shouldn't. As long as you have a valid work permit and a visa.

2) Advise on things to tell at the immigration?

If asked by the officer, you should tell exactly that, that you plan to apply for BOWP to eliminate his concerns about illegal work and/or overstay.

3) Should I be applying Open work permit for both (husdand and wife) together or apply mine first and then my wifes?

Yes

4) Anything that I need to know before I take this step.

Leave yourself as much time as possible before your WP expires. Arriving on last day of the WP will be too tight and suspicious.

Any Inputs will be highly appreciated.

Additional Info – We are a family of 3 and spouse is already on a dependent open work permit which expires on the same day as mine.
I am planning to apply for an BOWP on the day I land (Online)

See replies in the body of your message.

 

[AINP-BDR]

I think you Can not come back to Canada without your employer knowledge.

As I know, if you are on closed work permit and at the time of your employer sending back you to your home country, They need to inform to HRSDC. Even if you have hard copy of your work permit with validity that may not be valid. Immigration officer may ask you offer letter again when you are entering. Check with your collegues

 

[sjs_van]

I think you Can not come back to Canada without your employer knowledge.

As I know, if you are on closed work permit and at the time of your employer sending back you to your home country, They need to inform to HRSDC. Even if you have hard copy of your work permit with validity that may not be valid. Immigration officer may ask you offer letter again when you are entering. Check with your collegues

Thanks for the reply.

Question - I totally agree with you that my employer might have informed HRSDC and also worst case is might have cancelled my WP but I think my Visa which is a multi entry is still valid. Right?

I am anyways not intending to work untill I get my Bridging open work permit.



Any thoughts????

 

[watchpu5hp]

You have a chance of being sent back from port of entry if your employer has informed CIC about your assignment completion.
A Closed work permit and Valid Visa is good to stay in Canada but not good for re-entering unless you prove that you are still employed with the employer whose work permit you hold.
if by luck they do not check it is fine but if they check then you are in trouble.
it is a risk if you want to take i would say you come alone.

 

[sjs_van]

You have a chance of being sent back from port of entry if your employer has informed CIC about your assignment completion.
A Closed work permit and Valid Visa is good to stay in Canada but not good for re-entering unless you prove that you are still employed with the employer whose work permit you hold.
if by luck they do not check it is fine but if they check then you are in trouble.
it is a risk if you want to take i would say you come alone.

Thanks for your reply.


I am and will be employed with the same employer at the time of entry to canada. How about if I tell the office the truth ?

Any thoughts?

 

[watchpu5hp]

You should be employed in CANADA and not in any other country? And you said your employer has sent you back from Canada then how you are employed with same employer in Canada?
If you say truth for sure they wont allow you an entry.
It simply means you have no funds to sustain in Canada since you do not have Job.

 

[sjs_van]

You should be employed in CANADA and not in any other country? And you said your employer has sent you back from Canada then how you are employed with same employer in Canada?
If you say truth for sure they wont allow you an entry.
It simply means you have no funds to sustain in Canada since you do not have Job.

I have kept 10,000 CAD in my canadian bank account and planning to take another 10k with me.

will that be fine?

I am trying to see all the cases that could be possible.

 

[watchpu5hp]

I would let others comment.
But it is a risk for sure.
With funds i meant continuous source of income and not the bank balance.
Since you PR is in progress i would suggest you to avoid this adventure since it may jeopardize you PR application if something goes wrong at POE.

 

[AINP-BDR]

for workers they don't consider bank balance they check only employment in Canada.

 

[sashali78]

I don't know where are you guys taking your information from (or should I say misinformation) but you are wrong and giving a very poor advice.
1. Work permit belongs to the worker and not to the employer and even in case of lay-offs you have the full right to enjoy the privileges of your work permit.
2. Even if your employer contacts HRSDC/CIC/CBSA (or even Costco or Walmart or other equally respected establishments) he can't cancel your work permit.

 

[AINP-BDR]

employer will have the right to cancel work permit. This is sure and I am working on Closed work permit. I saw same situation with my college.

Closed work permit clearly states employer name and location.

 

[AINP-BDR]

@SJS_VAN : My advise, don't take risk. You might have applied PR before March 2013. Now a days CEC PR processing time is 13 to 14 months.


As I know, even if employer cancel work permit if you have valid visa you can stay in Canada with out working. But if you leave Canada, it is tough to come back on same visa.

and my friend advised me after receiving BOWP also dont leave Canada without Job offer. At the POE Immigration officer may ask you offer even if I have BOWP.

 

[watchpu5hp]

I agree with you !!
But it does not guarantee a re-entry unless officer is satisfied.

I don't know where are you guys taking your information from (or should I say misinformation) but you are wrong and giving a very poor advice.
1. Work permit belongs to the worker and not to the employer and even in case of lay-offs you have the full right to enjoy the privileges of your work permit.
2. Even if your employer contacts HRSDC/CIC/CBSA (or even Costco or Walmart or other equally respected establishments) he can't cancel your work permit.

 

[jes_ON]

employer will have the right to cancel work permit. This is sure and I am working on Closed work permit. I saw same situation with my college.

Employers do not issue work permits, therefore they cannot cancel them.

CIC has a webpage on foreign workers' rights -

http://www.cic.gc.ca/english/resources/publications/tfw-rights.asp

"Your employer:
...
cannot take your passport or work permit away from you; and
cannot threaten to have you deported from Canada or to change your immigration status."