validity of work permit and spousal open work permit after leaving job

[sud317]

Sorry Jes_ON, I wrote one of the date incorrectly.

But there is certain situation in my spouse's company , for which (in the worst case) ,contract may get close by May'2014.

It should be May'2013.I am so sorry for this.

Can you please share your inputs now.

Thanks in advance!

Best regards

 

[sud317]

Hi CEC_2013,

So does it means that once the employer terminates an employee who is on a Closed Work permit, he can no longer stay in Canada even though he has a valid visa and WP.

Please share you inputs.i really got confused.

Thanks in advance!

Best Regards,
Sud

 

[RabbiGill]

Hi Seniors,

I have a similar kind of situation.
My spouse is on a closed work permit which is expiring on Sep'2014 and
I am on a SOWP which is expiring on Sep'2014.
Presently both of us are working.
But there is certain situation in my spouse's company , for which (in the worst case) ,contract may get close by May'2014.
We will be applying for PR under the new CEC rules on April'2013.
The estimated time to get the PR as per CIC website by this is 13 months.
Now, our questions are, in that case
1.can we stay in Canada and apply for BOWP while we wait for our PR decision.
2.How do we extend our VISA in that case along with the BOWP.
3.Can we travel outside of Canada for vacation during that 1 year, or that can cause some problem when we would try to re enter.

Please share you inputs and views.As we are little perplexed on what should be done.

Thanks in advance!

Best regards,

If your spouse resigns from his job in May 2013, he and you can still stay till the Sep 2014. Albeit he can not work till he finds a new employer, who is willing to process his LMO. Once you get your AOR, you can apply for the BOWP only in June 2014, since that is 4 months till expiry of the current WP (in accordance to the BOWP guideline).

Whether or not you can travel outside canada, has varied answers, CIC helpdesk and a lawyer I consulted, said we can , as long as the visa is valid, but some of the members here disagree with that. My suggestion is go and seek an immigration lawyer's advice on this.

Thanks!

 

[RabbiGill]

Hi CEC_2013,

So does it means that once the employer terminates an employee who is on a Closed Work permit, he can no longer stay in Canada even though he has a valid visa and WP.

Please share you inputs.i really got confused.

Thanks in advance!

Best Regards,
Sud

Hi,

The individual can stay as long as the WP and the visa are valid.

Thanks!

 

[jes_ON]

My spouse is on a closed work permit which is expiring on Sep'2014 and
I am on a SOWP which is expiring on Sep'2014.
But there is certain situation in my spouse's company , for which (in the worst case) ,contract may get close by May' 2013
We will be applying for PR under the new CEC rules on April'2013.
The estimated time to get the PR as per CIC website by this is 13 months.
Now, our questions are, in that case
1.can we stay in Canada and apply for BOWP while we wait for our PR decision.

You can stay in Canada but with your spouse's current work permit, you would not be eligible to apply for the BOWP until June 2014 (you would probably have a decision on your CEC application by then). But your husband would not be able to work unless he found a new employer, got a positive LMO, and then got a new work permit. You would be able to continue working until the expiration date as long as your spouse remains in Canada.

2.How do we extend our VISA in that case along with the BOWP.
You can apply for a TRV. It is a separate application.

You do not need the TRV to stay in Canada, you only need it to enter from outside Canada.
http://www.cic.gc.ca/english/information/applications/visa.asp

3.Can we travel outside of Canada for vacation during that 1 year, or that can cause some problem when we would try to re enter.

If your spouse is no longer employed and does not get a new LMO/work permit, your SOWP is only valid as long as s/he remains in Canada. So if you travel outside Canada, you would be taking a risk of being refused re-entry.

 

[sud317]

Thank you so much for the response.So,it seems that the only problem is with traveling outside of Canada.
In that case , can we travel after we receive our BOWP or we would have to wait until we get our PR status.

 

[jes_ON]

Thank you so much for the response.So,it seems that the only problem is with traveling outside of Canada.
In that case , can we travel after we receive our BOWP or we would have to wait until we get our PR status.

You do realize, you cannot apply for a BOWP until JUne 2014 (within 4 months of the current work permit expiring), not 2013.

 

[sud317]

Hi Seniors,

I just called up one of the immigration firms here in Toronto and described them our situation.They suggested that my spouse should convert his Closed Work Permit to Study Permit by an INLAND Application.In that case have would be eligible to work within Campus and my OWP will also be Valid.
He also said that , this would not interfere with our PR processing in CEC class.
Please share your views.

It would be great if seniors could please share their valuable thoughts.

Best Regards,
Sud

 

[jes_ON]

That is an option if he can meet the requirements for a study permit -

http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp

 

[sud317]

In the CIC website it mentions:
Who may apply for a study permit from within Canada?

The following persons may apply from within Canada:

Holders of valid work or study permits and their family members;
Holders of temporary resident permits (TRPs) valid for a minimum of six months and their family members;
Refugee claimants and persons subject to an unenforceable removal order;
In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent residents (PR) status:
live-in caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
Persons whose study permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
Family members of athletes on a Canadian-based team, media representatives, members of the clergy, or military personnel assigned to Canada.

So, as he satisfies the first condition of holding a closed work permit, so I believe he is eligible.Please suggest.
Also, please suggest in that case would my SOWP will remain valid which I recieved based on his current work permit.
And most importantly, will this process will have any conflict with our PR processing by CEC class.

Thanks in advance for all your help!

Best Regards,
Sud

 

[priya1214]

Hi,
I'm on the same situation now.
- My Spouse is on WP valid till Feb 2020
- I'm working on Open WP from Sep 2018 and it valid till Feb 2020
- If my spouse leave to India by Dec 2018 after close of current assignment, Can i still stay and continue to work till Sep 2019 to gain 1 yr Canada Experience ?
- Can i use that 1 yr Experience in my WP application ?

Thanks