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When to resign?

Twix

Star Member
Mar 23, 2009
117
0
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I am a temporary work permit holder. I would like to resign from my current employer and work for another employer. I was given a new job offer and the new employer has applied for an LMO. The LMO application is in-process.
1) If I resign from my current employer now, would I be considered illegal to stay in Canada? My current work permit is exclusively for my current employer and is valid until December 2009.
2)Would it be better to wait for a positive LMO for the new employer before resigning? Is the approval of a new work permit guaranteed if I was given a positive LMO?
3) Would it be possible to apply for a work permit for the new employer and wait for its approval before resigning? It's better to be safe than sorry
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
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1) You would be allowed to stay until the end of your work permit and look for a new job.

2) Yes, it's better to wait. No, the approval isn't guaranteed but very likely since you are already in Canada on a work permit.

3) I know in the case where you can apply for a work permit at the border, you can do that without having quit your previous job. Your new work permit invalidates the old one so once you do this, you can not work for the old employer anymore which means he may be pissed off if you quit without notice. If you do not qualify to apply for a work permit at the border, I think it still works the same but call CIC and ask. If you can wait for the work permit to be approved, it's safer for you.
 

May Lyn

Newbie
Mar 31, 2013
1
0
Hi Leon!

I see the question and just would like to also ask, i am under work permit and i working for 2 months now. Can i resign? and can i give them just a week notice? i have some offers elsewhere and cannot make myself available because i always have a work. my current work is so stressful and is making me really sick physically. I am willing to wait for the lmo and work permit as my family(in the Philippines) support me on my decision.

Thank you in advance and hope to hear from you soon.

May
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Read the clause on the termination of your contract; if it's 2 weeks then you must give them two weeks notice unless the employers are abusive, then you can leave ASAP and report them to service canada for breaking the term of your contract.

May Lyn said:
Hi Leon!

I see the question and just would like to also ask, i am under work permit and i working for 2 months now. Can i resign? and can i give them just a week notice? i have some offers elsewhere and cannot make myself available because i always have a work. my current work is so stressful and is making me really sick physically. I am willing to wait for the lmo and work permit as my family(in the Philippines) support me on my decision.

Thank you in advance and hope to hear from you soon.

May
 

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Look up the terms of your contract as well as the labour law in your province. The first 3 months are usually a probation period which allows you to quit with no notice and them also to fire you with no notice if they so choose.

However, I would recommend that you try to discuss the problems with them before leaving because quitting will leave you without income until you get a new LMO and a new work permit and that can take a while. Sometimes it takes a few months to get an LMO.