Switching jobs while on implied status and waiting for BOWP

[nasknihal]

Hi guys,

I got my ITA today and will be applying for BOWP this week (on receiving AOR) since PGWP expires on Monday.

The question I have is that whether there is any rule stopping me from switching jobs ( CEC Inland applicant) while on implied status and waiting for my BOWP?

I have some job offers and the manager would like me to start next month so I am trying to decide how to handle this.

Thanks!

 

[twztedelegance]

I'm quite sure you can only continue your current job on implied status, you cant change jobs on implied status as before hiring you, the employer has to ensure your SIN is not expired, and yours will be expired until you get your new BOWP and renew your SIN at Service Canada. Maybe someone else will correct me but im very sure I read this somewhere.

 

[JoacRy]

Hi guys,

I got my ITA today and will be applying for BOWP this week (on receiving AOR) since PGWP expires on Monday.

The question I have is that whether there is any rule stopping me from switching jobs ( CEC Inland applicant) while on implied status and waiting for my BOWP?

I have some job offers and the manager would like me to start next month so I am trying to decide how to handle this.

Thanks!

First things first, call the CRA and ensure that your employer can legally withhold taxes under your SIN which has an expiry date. If they can, you should be good to keep working on 'Implied' status.

 

[nasknihal]

First things first, call the CRA and ensure that your employer can legally withhold taxes under your SIN which has an expiry date. If they can, you should be good to keep working on 'Implied' status.

My employer has cleared me to continue working once I have applied for BOWP. Do I still need to check with the CRA? ???

 

[JoacRy]

My employer has cleared me to continue working once I have applied for BOWP. Do I still need to check with the CRA? ???

Check to be on the safe side. The last thing you want is for the employer to get in trouble by withholding and remitting Income Taxes, CPP and EI to the CRA on an expired SIN. I think its better to check and know rather than guess and keep working. If I were you I would personally contact the CRA and find out rather than getting your employers payroll Department to do so. Once you know for sure (hope its a yes for you), inform the payroll department they can legally continue to withhold the statutory CRA obligations from your gross salary.

End the uncertainty and do this ASAP.

 

[nasknihal]

Check to be on the safe side. The last thing you want is for the employer to get in trouble by withholding and remitting Income Taxes, CPP and EI to the CRA on an expired SIN. I think its better to check and know rather than guess and keep working. If I were you I would personally contact the CRA and find out rather than getting your employers payroll Department to do so. Once you know for sure (hope its a yes for you), inform the payroll department they can legally continue to withhold the statutory CRA obligations from your gross salary.

End the uncertainty and do this ASAP.

Ok, will check with the CRA to have all my bases covered. Thanks!

 

[ozlis]

Ok, will check with the CRA to have all my bases covered. Thanks!

It's Service Canada that deals with SIN's and expiry.

You shouldn't switch jobs as you won't be able to prove that you have both a valid work permit and SIN - they allow for the current employer only to continue under the same circumstances until you hear back from CIC.

http://www.esdc.gc.ca/en/ei/employers_sin.page

 

[nasknihal]

It's Service Canada that deals with SIN's and expiry.

You shouldn't switch jobs as you won't be able to prove that you have both a valid work permit and SIN - they allow for the current employer only to continue under the same circumstances until you hear back from CIC.

http://www.esdc.gc.ca/en/ei/employers_sin.page

Just to inform everyone, I did talk to CIC today and confirmed that I can switch jobs under implied status since my PGWP was completely open and not restricted to my current employer.

CIC also confirmed that there is no need to call CRA for SIN expiry, etc. since that is automatically taken care of and there is no action needed on my part.

I am hoping to move jobs in 3 weeks while remaining under implied status.

Thanks!

 

[riasat.abir]

You can't switch jobs but you can continue working under the same company and position if you have applied for extension before the current one expires.

"If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

 

[ozlis]

Just to inform everyone, I did talk to CIC today and confirmed that I can switch jobs under implied status since my PGWP was completely open and not restricted to my current employer.

CIC also confirmed that there is no need to call CRA for SIN expiry, etc. since that is automatically taken care of and there is no action needed on my part.

I am hoping to move jobs in 3 weeks while remaining under implied status.

Thanks!

That is good to know.

Wonder how your new employer will get around the legal obligations of verifying your work permit prior to you starting? (Just curious to know, I'm in HR!)

 

[JoacRy]

Just to inform everyone, I did talk to CIC today and confirmed that I can switch jobs under implied status since my PGWP was completely open and not restricted to my current employer.

CIC also confirmed that there is no need to call CRA for SIN expiry, etc. since that is automatically taken care of and there is no action needed on my part.

I am hoping to move jobs in 3 weeks while remaining under implied status.

Thanks!

Thank you for this invaluable insight. My thinking was the same as @ozilis, in that before employing someone I thought an employer had to check the validity of the SIN in order to commence withholding 'Statutory Deductions' following the employee commencing working in the organization.

As for my BOWP I applied on 10 April and am also waiting as I have heard nothing since and there has been no movement on my account. Encouraged by the number of people who have reported getting the BOWP in 20-30 days though. It's Day 15 since BOWP AOR so fingers crossed maybe this week.

Good luck to all who have applied for BOWP. Hope it comes soon.

 

[youknowluke]

That is good to know.

Wonder how your new employer will get around the legal obligations of verifying your work permit prior to you starting? (Just curious to know, I'm in HR!)

I'm pretty sure your not required to produce a work permit when you start work. As equality laws protect immigrants from being discriminated against on the grounds there temporary residents.

Just to inform everyone, I did talk to CIC today and confirmed that I can switch jobs under implied status since my PGWP was completely open and not restricted to my current employer.

CIC also confirmed that there is no need to call CRA for SIN expiry, etc. since that is automatically taken care of and there is no action needed on my part.

I am hoping to move jobs in 3 weeks while remaining under implied status.

Thanks!

Hello I'm in the same boat as you going to be moving jobs on implied status, my work permit was open so no restrictions on changing employer like yourself. I am wondering if it all went smoothly when you joined the new company?

 

[ustreadstone]

Hi guys, I'm new here. It's great to see so much knowledge. Thank you!

I'm living in Canada, also waiting for my PR (based on a common-law partnership with a Canadian) and one of the Bridge Permits, (I sent my application about 4-5 months ago) but my WHV expires in about 30 days and I will be changing jobs after.

Based on the opinions here there doesn't seem to be an agreement on whether or not this is possible?? I have read the article mentioned here:

working or studying under the same conditions pending a determination

But what I read here (maybe I'm wrong or too positive) is that if you came with an "Open Work Permit" like a Working Holiday Visa, "working under the same conditions" means "open to change jobs" just like your VISA allowed.

Has anybody had any problems with this, other than @naskinihal, who seem to have done this?

Thanks!

 

[canuck_in_uk]

Hi guys, I'm new here. It's great to see so much knowledge. Thank you!

I'm living in Canada, also waiting for my PR (based on a common-law partnership with a Canadian) and one of the Bridge Permits, (I sent my application about 4-5 months ago) but my WHV expires in about 30 days and I will be changing jobs after.

Based on the opinions here there doesn't seem to be an agreement on whether or not this is possible?? I have read the article mentioned here:



But what I read here (maybe I'm wrong or too positive) is that if you came with an "Open Work Permit" like a Working Holiday Visa, "working under the same conditions" means "open to change jobs" just like your VISA allowed.

Has anybody had any problems with this, other than @naskinihal, who seem to have done this?

Thanks!

The OWP with an inland app isn't a bridging permit. If you applied 4-5 months ago, you should have received it by now.

You can change jobs. The issue will be that while on Implied Status, you will have an expired SIN. A new employer may not want to hire you because of that.

 

[Khjordan]

Hello, I am PR applicant under PNP with closed work permit. My work permit will expire soon and I am trying to apply for BOWP. When reading instructions at CIC website. I need to additionally submit 1) copy of my nomination letter and 2) my AOR for PR.
However, the website doesn't mention that I need to submit my job offer letter. Is it okay I do not include my current Job offer letter when applying for BOWP?