Received my AOR ... but forced to leave Canada :(

[rak_1985]

Hi All,
Need some help.... I received my AOR on sept 29 and have valid closed work permit till Oct 2014 but due to some project budget constraints my employer is sending me back to India in month of Dec.

1) I checked with CIC and was informed that I can apply for BOWP just before 4 months of expiry of closed work permit. Technically speaking I need to wait till July 2014 to apply for a BOWP. What other options I can look for ??

2) In case I leave country and go back to India, I need to update my residential address. What if I give a representative address who stays in Canada?

3) Will my file gets transferred to India in case I move to India ?? Will there be any change in processing time?

 

[marsiangal]

First of all you should know that your employer CANNOT force you yo leave Canada. You are allowed to stay until the validity of you work permit. Even if you were laid off or quit the job. So without doing anything at all you are legally allowed to be here till October 2014.
That is the law. But of course you cannot work for a different employer without a correct work permit.

Second, you can submit your application for an open work permit right now because you have an AOR as far as I know.
(Anyone correct me if I'm wrong.)

Goodluck!

 

[rak_1985]

In this case I believe , left with only one option i.e. to quit the organisation and would be jobless until I get a BOWP.

 

[canadavisa13]

hi rak_1985,

i agree with marsiangal that your employer can not force you to leave the country,and you are legally allowed to stay in canada until October 2014.
you can try sending an application for BOWP with a cover letter outlining the current situation and leave it at the discretion of the visa officer however your chances will be less then 1% of getting it approved because the operational manual clearly indicate that it should be within 4 months of work permit expiry date and be present in canada during application submission.
on the meantime you can try looking for an employer who can do an LMO for you if you then get an approved LMO you can apply for work permit.
most important is you can and legally entitled to apply for EI (employment insurance) to help manage your financial situation,you can apply for that at the nearest service canada to you.
remember your EMPLOYER can't deport you,ask you to leave the country or cancel your work permit if such an act is happening you can report it to immigration immediatly by contacting the CIC call center.

 

[canadavisa13]

rak_1985,

since you have already meet the requirements and applied for CEC,if you really need to stay in canada and find it hard to get a job in your career you can try searching a low skilled job such as food counter attendant most likely you can find LMO if you are in alberta or saskatchewan.
decision on your CEC application will be based on the work experience you have done not what you are doing now.

best regards and good luck

 

[gladaki]

Hi All,
Need some help.... I received my AOR on sept 29 and have valid closed work permit till Oct 2014 but due to some project budget constraints my employer is sending me back to India in month of Dec.

1) I checked with CIC and was informed that I can apply for BOWP just before 4 months of expiry of closed work permit. Technically speaking I need to wait till July 2014 to apply for a BOWP. What other options I can look for ??

2) In case I leave country and go back to India, I need to update my residential address. What if I give a representative address who stays in Canada?

3) Will my file gets transferred to India in case I move to India ?? Will there be any change in processing time?

Buddy here is the deal...
I remember some one from here applied for BOWP but wrote a good cover letter that he is on closed workpermit and need a open work permit to search for a job. I will try this but wont be expecting much. Also, I will enquire if it will affect future bowp which you have to apply 4 months before expiry of close work permit (This will happen in case u were declined for BOWP this time)...Now I will wait for senior take on this.....

Other than that....You really dont need to go home country as long as you have a work permit. Be positive and keep looking around....These things take time..so i will also see what other is advising about taking low skilled job and LMO ( I dont have much experienced in that area so cant give advise )..Life is hard it beats you down , in the end all it matters is how u bounce back. So be positive and good luck

 

[LPS]

since you have already meet the requirements and applied for CEC,if you really need to stay in canada and find it hard to get a job in your career you can try searching a low skilled job such as food counter attendant most likely you can find LMO if you are in alberta or saskatchewan.
decision on your CEC application will be based on the work experience you have done not what you are doing now.

Really? The prairies have to recruit fast food workers from overseas?

 

[canadavisa13]

yes LPS,its due to the labour shortage but that is a small percentage of the overall foreign workers in the prairies,most of them are highly skilled workers.
in which province are you based,if you don't mind sharing?

 

[SenoritaBella]

Speak to Cruiser55 - he applied for BOWP with AOR though his work permit was not expiring in 4 months. He included a nice cover letter and was approved.
To claim EI benefits, you can not voluntarily quit your job or be fired. So continue working(while looking for a new job) until you are laid off. Once laid off, ask your employer for your ROE(record of employment) and apply for EI as soon as possible. Even if your employer does not give your the ROE, Service Canada would have a copy of it anyway, so you can still apply. Make sure you also include evidence of your job search(e.g. confirmation emails of jobs you have applied to, interviews attended, etc). Since you have a closed work permit, you should also include an explanation to show that you are 'available' for work. Again, Cruiser55 can help you with this.

Your employer can not 'send you back' anywhere. You can stay in Canada legally until your work permit expires. Do not give them your original work permit or passport for any reason.

 

[sjs_van]

Hi All,
Need some help.... I received my AOR on sept 29 and have valid closed work permit till Oct 2014 but due to some project budget constraints my employer is sending me back to India in month of Dec.

1) I checked with CIC and was informed that I can apply for BOWP just before 4 months of expiry of closed work permit. Technically speaking I need to wait till July 2014 to apply for a BOWP. What other options I can look for ??

- This information is correct that you can apply just before 4 months but you can try attaching a letter with your application and see if it works. There are no other options honestly because I was in the same boat as you are and I left canada.


2) In case I leave country and go back to India, I need to update my residential address. What if I give a representative address who stays in Canada?

- Yes, you will have to update your address and you can give your indian residential address for further communications.

3) Will my file gets transferred to India in case I move to India ?? Will there be any change in processing time?

- No, that will not affect anything. Your file still stays in canada and the processing time will not change.

Honestly speaking its just a matter of couple of months and I would suggest go back to India, stay there with he same company and then come back when U get ur PR.

Best of Luck.

Please find my answer in line.

 

[canadavisa13]

you can choose to go back to india like (sjs_van) suggested,its definitely an option there but keep in mind that if your CEC application get rejected for any reason(which i hope not) then you will find it difficult to come back to canada again as foreign worker,international student or even a visitor specially that you are not from a visa exempted country.

 

[gladaki]

you can choose to go back to india like (sjs_van) suggested,its definitely an option there but keep in mind that if your CEC application get rejected for any reason(which i hope not) then you will find it difficult to come back to canada again as foreign worker,international student or even a visitor specially that you are not from a visa exempted country.

Why he can't come as international student ?

 

[canadavisa13]

rejection does not mean inadmissibility in the future.
he will find it hard to come back to canada as a temporary resident if he has a permanent residence application in process or have been rejected already,this is something looked at by the visa officer as dual intention and the immigration officer will find it hard to believe that the applicant will leave the country when the time authorized to do so come since he/she already had an intention to settle in canada permanently.
its not impossible but hard to convince the VO that you will leave the country when your document expire,you need to show ties with home country.

 

[lpc19800]

BOWP is unlikely due to CIC making it more clear to VO's about the 4 month rule - I was laid off and included my cover letter plus details of the situation and was rejected
Stupidly however, I got EI so you should apply for that - as others have said, once you get laid off

 

[LPS]

yes LPS,its due to the labour shortage but that is a small percentage of the overall foreign workers in the prairies,most of them are highly skilled workers.
in which province are you based,if you don't mind sharing?

I'm in Ontario.