What if you are laid off while your application is underway?

[Foreigner]

Does anyone know what would happen if you quit or if you are laid off from your employer while your application is underway? Let's say you have already submitted the application under the CE Class, received your initial assessment and have been requested to do your medical checks. Do you have to leave the country? (You are still under a Work Permit status, you have not obtained your Permanent Residency yet).

 

[Leon]

If you are a temporary worker and get laid off, nobody will make you leave at least until your work permit expires. While you still have a valid work permit, you can stay and look for another job and get your work permit changed if you find one.

If your work permit expires and you still can't find another job, seeing as your file is in process, you can apply to change your conditions to visitor with dual intent while you wait for your PR to go through. Even if you get denied change of conditions, that would still buy you a couple of more months implied status while you wait for an answer.

Even if you did end up having to go home, as long as CIC knows where you live, your application will still go through because CEC does not require you to be in Canada. You can apply up to 1 year after you leave Canada.

 

[aquamarinebeach]

It's much more simple than that.
Once you have reached IA - it means they already evaluated your file and as a result accepted you pending the next steps - that means they already went through your work experience.......checked with your employer (which in most cases they do not have the time to do)........After IA, the only thing they have left to assess is your medical results and your security check results.

So unless you tell them, no one knows you lost your job. Also, it does not matter because for them to issue IA, they assess your work experience ON THE DATE OF YOUR APPLICATION. So, as long as you have your Canadian work experience of 1 or 2 years (depending on your application class) when you send your application in, your application is not affected if say you lose your job after your IA was issued.

 

[ninaz24]

what if u lost your job before it even started....i dont know if you have read my other posts under a different heading, but i had resigned from my previous job and got my work permit changed to my new employer, but by the time the work permit came through, they dont have that position anymore. i am in the process of applying for the canadian experience class but in this siutation, i dont know how to go about it...i mean i have the 2 years experience and ROE from my previous employer and i have not even started working for my new employer yet and wont...but my work permit is under their name. i know the current work permit does qualify as legal proof of current status in canada but i wont be able to get a reference letter from them. so how should i go about the application? do i apply first from canada and then leave the country or leave the country and then file?

 

[aquamarinebeach]

nina24 - I had a similar situation - initially applied for a work permit for a certain job...but by the time it was issued, the job was gone. As I had the legal status to work, I just found another position at another company without reapplying to change my work permit. To tell you the truth I only applied for a change in the employer's name after a year of working at the job.

In my work permit application to change employers....I explained how employer wanted me to start right away and how my job was gone....and they changed my work permit without hassles...

So, when I applied for CEC, I only included my current work permit - i.e with my current employer...So that's all Buffalo checks for - that you have legal status in Canada and that you obtained your work experience under a work permit - I guess they don't really have tthe time or resources to check all your history (student permits, work permits...) with Vegreville.

This is for the very same reason that for e.g when you call the CIC hotline, they cannot really see much on Buffalo applications - they are designed mostly to deal with applications within Canada.

In your case, if you do qualify for the open work permit, I would suggest to change to it.....this way when you apply for CEC you may not even have to mention about the second job....as all you need is 1 or 2 year of job experience in the proper NOC.

After all, I am sure this was a very common problem with employers not willing to wait for the work permit...and being hesitant to give you a letter of employment.....when they found out you needed to apply for a work permit in order to work....partially why CIC changed to an open work permit policy....

 

[ninaz24]

Ok i understand that. i dont think i qualify for the open work permit though...i think its only for those that have graduated in april 2008. so when u were working with the new employer, they didnt ask to check your work permit? lucky you.

so now if i were to apply for CEC, i need to use my current work permit though....cause even if i were to get another job and did not change my work permit, the reference letter and work permit will not match. can i apply for CEC with this work permit even though the employer did not hire me or should i call CIC and talk to them and perhaps request for an open work permit..

 

[ninaz24]

Also, forgot to ask, did u have get an :LMO again when u changed employers? Was the application sent to vegreville or did u get it one in toronto?