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

[jes_ON]

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?

Possibly. Sometimes CIC will ask if you are still working, show proof of employment, etc. - if you cannot, then it is possible you would be refused entry. In practice, others have reported no difficulty re-entering as long as the work permit is still valid. But there are no guarantees. It's hard to claim that you were on vacation for 5 months...

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

You can apply for a BOWP, you can apply for your wife's at the same time, or later.

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

It is not clear at all how CIC would view this situation, but my guess is, this is not what the BOWP was intended for, so don't be too surprised if it is refused.

 

[AINP-BDR]

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."


/quote]


I mean, Employer has to inform to HRSDC when contract between employer and employee. Please read below thread.

http://www.canadavisa.com/canada-immigration-discussion-board/can-my-previous-employer-in-canada-cancelled-my-worker-visa-t108574.0.html

 

[sabidhawan]

If that happens CIC will issue you a letter stating that your work permit has been cancelled and that you should leave Canada right away . Legally they cannot stop you from entering . As far as the gap of 5 months is concerned just tell them you had some personal reasons and you took unpaid vacation or something .

 

[sjs_van]

@ 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.

Hello... Thanks for the reply...

visa is a requirements before you enter in one country, since my visa and all travel documents are valid what is the reason not to enter in canada?

 

[AINP-BDR]

Hello... Thanks for the reply...

visa is a requirements before you enter in one country, since my visa and all travel documents are valid what is the reason not to enter in canada?

First time when you are entering to Canada you might have Visa, even though Immigration asked you your Canada offer letter right. what has pushed them to ask you offer letter, even you already have a valid visa , do you know why they asked you.

And other thing, if you came on closed work permit, in your home country Canada embassy issued your visa, that was issued just based on your company petetion, still if you want to take risk. Just you are thinking for 6 to 7 months. If anything went wrong Your PR application will be rejected and you will loss in lot.

 

[AINP-BDR]

If this is Possible, everybody who comes to Canada on intra company transfer can resign after one year apply PR and go back can come their own.

IBM has more than 500 resources in Canada from India. At least 50% of them ready stay Canada

 

[esbex550]

there is a way to come back on ur current closed WP. I did the same thing as well when I was in India & working for Suncor. If you are on very good terms with ur employer, ask him to write you a solid reference letter & indicating in the letter that he will hire you back with the same wages once you come back (he doesnt have to hire you in reality if he doesnt need you). when you land in canada, make sure u have ur recent paystub ready with you incase they might ask you for it.

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)

 

[sjs_van]

First time when you are entering to Canada you might have Visa, even though Immigration asked you your Canada offer letter right. what has pushed them to ask you offer letter, even you already have a valid visa , do you know why they asked you.

And other thing, if you came on closed work permit, in your home country Canada embassy issued your visa, that was issued just based on your company petetion, still if you want to take risk. Just you are thinking for 6 to 7 months. If anything went wrong Your PR application will be rejected and you will loss in lot.

I agree. I am just thinking of possibilities.

 

[canadavisa13]

hi AINP-BDR,

please dont give wrong informations and scare people if you are not sure.
work permits can not be cancelled by employers.
the OP trying to enter canada on a valid visa and work permit but unemployed has nothing to do with his PR application getting rejected.
please read your rights as a TEMPORARY FOREIGN WORKER.
good luck

 

[AINP-BDR]

Sorry Boss..

when I was applying for visa from India my company has given a petition that has below clause

"Upon completion of his work in Canada, Mr XXXX will return to India to continue his work with XXXX India Ltd. His employment in Canada will comply with all the applicable Federal and Provincial laws and there are no licensing requirements for his activities."

and I read TFW rights, here in his case employer has not broken the contract, In contract, it clearly says, employer has the right to send back to home country anytime with two weeks of notice.

 

[AINP-BDR]

On same petition it has another clause

"Note : Should Mr. XXXXX be dismissed from employement prior to the expiration of any work permit approved on his behalf, XXXX will ensure that payment is made for the reasonable cost of his return transportation abroad."

 

[enitsirhc19]

i don't really understand why some people is advising you that its ok to come back to Canada. first its risky in a way that they might reject you on the point of entry, but i don't think there will a be bearing on your PR application (not unless you lie). the only thing they will do is send you back home, and a record that u got refuse at the POE.

Second its true that employers can't cancel your work permit, but they can inform HRSDC that you are not working with them anymore, and I'm pretty sure officers have an access in the computer with the HRSDC. while its true that you can still stay in Canada if you have valid WP, its a different story when u leave the country. Your work permit and visa doesn't guarantee you re-entry, its still the officer's decision. and thats why its closed work permit, means you can only work on that specific company alone. Why are u coming back to Canada if u don't have a company to work for?? thats the use of the WP and visa and the reason you where there for right?

the advice of having your old company to make you a letter stating that you still work for them might work. its still risky though cause they might call the company and find out the truth. if u were able to convince them about this, you won't have a problem. thats the only reason the officers ask is because they just want to know if youre still employed with the company thats on your closed WP.

I've been on 2 vacations with my closed WP. and on both times officers ask me for employers certificate, thats why i always bring an updated COE whenever i leave the country. And if you notice whenever you apply for re-entry visa, COE is one of the requirements.

just my two cents..

 

[Pipa2002]

Can the CIC call centre confirm that the work contract a been terminated or cancelled?

 

[sjs_van]

Can the CIC call centre confirm that the work contract a been terminated or cancelled?

I dont think so.