Tricky Situation

[FabienA380]

hello!

new here in this forum, my name is Fabien and I live in Alberta,

I have a 'only-one-company'-work permit valid until Novembre 2014,

also I got married to a Canadian Citizen last year and we sent the applications by mid-June,
(we already received a letter saying that an open work-permit is currently denied for me, we have to wait
that at least (I think?) my Wife is getting checked, meaning maybe not before next Summer).

the tricky thing is that today, I got fired. Because I dared report unsafe working conditions at work.

What should I do? Some advised me to try to apply for an EI, I myself think I can try to file a report for being fired for reporting unsafe working conditions?

I am also afraid to call immigration number, or what they would tell me?

Tricky thing as well, I already have a trip to Asia planned for early December, I have heard that if I go to this trip, immigration might not let me come back inside Canada (while I have a French passport valid until 2020)??...

Kind Regards

Fabien ???

 

[computergeek]

You remain in status until the expiration of your work permit. You do not need to leave Canada simply because your employer fired you.

It will take some fighting, but you are eligible for EI. Further, you may have a cause of action for wrongful dismissal (you should speak with an employment attorney). EI claims are often refused on initial filing, but granted on appeal (there is case law stating that you are eligible, but many first line reviewers are not familiar with that law and thus reject EI on a closed work permit).

As long as your work permit remains valid, you remain in status. CBSA can always refuse to let you back into the country but they normally would not do so without cause.

I assume you filed an Outland PR application. You should carry a copy of the sponsor approval letter. I'm not sure what you mean by "my wife is getting checked" but if you don't have a sponsor approval letter, you should carry a copy of what letter you do have from CIC and the fee paid receipt. CBSA would not normally refuse you re-entry without cause (again that work permit gives you status in Canada until November 2014. You cannot work, but you can look for work and you can be in Canada.)

 

[FabienA380]

Thank you for your answer computergeek!

by 'while my Wife is checked', in fact I was meaning
the first step of the sponsor application filed inside Canada (I've been in Canada for 3 years now with only closedworkpermits, for the same company that fires me now)
cic.gc.ca/ENGLISH/INFORMATION/times/perm-fc.asp
(11 months as of today...)

My wife hasn't been approved yet, we filed the sponsorship application only in mid-June, I guess the approval letter of my Wife(sponsor) will not come before at least early next year...

We paid the whole fees indeed... I wouldn't have thought of that=carrying the fee-receipt, also maybe the letter stating that they received our application..., thank you so much...

Fabien

 

[computergeek]

Thank you for your answer computergeek!

by 'while my Wife is checked', in fact I was meaning
the first step of the sponsor application filed inside Canada (I've been in Canada for 3 years now with only closedworkpermits, for the same company that fires me now)
cic.gc.ca/ENGLISH/INFORMATION/times/perm-fc.asp
(11 months as of today...)

My wife hasn't been approved yet, we filed the sponsorship application only in mid-June, I guess the approval letter of my Wife(sponsor) will not come before at least early next year...

We paid the whole fees indeed... I wouldn't have thought of that=carrying the fee-receipt, also maybe the letter stating that they received our application..., thank you so much...

Fabien

The AOR letter should be sufficient, but the fee receipt won't hurt either.

I'm not sure why you applied for processing in Canada - I'd have recommended processing via Paris (much faster). Most people make the mistake of believing that they must file inland just because they are inside Canada - it's a requirement for inland, but Outland can be used by people inside Canada as well (and you'd have been able to choose either Paris or Ottawa because you are a French citizen and you have one year or longer status in Canada). Paris is a fast office (you'd probably be landed by the time you get first stage inland approval.)

Oh, well, that is no longer the issue. I don't know why they would have rejected your OWP at this point - they should have held onto it until you received AIP. What you might wish to do is submit a new OWP application and write clearly on it "process after AIP is granted". Alternatively, you can wait until AIP is granted (in the spring) and apply for an OWP via the online process.

CPC-V has recovered from their six month hiatus. They now seem to be moving along and we're seeing December 2012 applicants obtaining AIP. Hopefully you will hear from them in the March 2014 timeframe in any case. In the interim, you have plenty of work to do to keep you busy - filing for EI, talking to employment lawyers about unlawful termination claims and an impending trip to Asia.

Good luck!

 

[FabienA380]

Ohh, I really didn't know I could apply via the outside Canada if I was in fact inside... indeed, it would have perhaps been way faster I guess......

sorry I tried to find online but what is the AIP?...

A friend of mine has meanwhile recommanded me in the next few days, to apply for a 'tourist record', that would perhaps higher my chances to come back after the Asia trip, and let me stay inside Canada until I have the OPW granted?...

Kind Regards

Fabien

 

[computergeek]

AIP = "Approval in Principle"

That's first stage approval of an inland application.

A visitor record will not improve your chances of being admitted (they expire when you leave Canada). Your work permit is enough - you have status in Canada. The fact you also have a PR application will also be apparent. To refuse you, a CBSA officer would need to have a legitimate reason to do so.

Again, note that even if your employer terminates employment, your work permit remains valid. It establishes your right to be in Canada (though it doesn't guarantee your right to re-enter, that combined with your visa exempt passport is enough). The employer cannot have your work permit revoked, even if they terminated you. The only real way that something could happen is if you committed a criminal act, but that's not the case.