Work Permit till 2016 (IF LAY OFF or TERMINATION)

[kknl]

Hi Leon,

I Came to Canada in june 2012 on work permit and I got my work visa till 2016.Recently I have applied for arranged employment category and my application got accepted and moved for further process.I am currently working for the company who processed my LMO and my work permit attached to that company.

It looks the company doesn't have much projects to go and I am not sure what will happen after couple of months.

My Question is.

1.If my employer layoff or terminate me what will happen to my status.My workpermit is not open it is attached to company.
2.Am I allowed to stay in the country till 2016,if your answer is yes then do i need to look for employer who will process my LMO or Can I use the same LMO which i hold for changing the employer or getting a job

If your answer is NO then how many days i am allowed to stay in the country to windup and leave the country.

3.What will happen to my PR application under employer arranged category.

Please let me know your valid inputs.

Thanks
kk

 

[computergeek]

Hi Leon,

I Came to Canada in june 2012 on work permit and I got my work visa till 2016.Recently I have applied for arranged employment category and my application got accepted and moved for further process.I am currently working for the company who processed my LMO and my work permit attached to that company.

It looks the company doesn't have much projects to go and I am not sure what will happen after couple of months.

My Question is.

1.If my employer layoff or terminate me what will happen to my status.My workpermit is not open it is attached to company.
2.Am I allowed to stay in the country till 2016,if your answer is yes then do i need to look for employer who will process my LMO or Can I use the same LMO which i hold for changing the employer or getting a job

If your answer is NO then how many days i am allowed to stay in the country to windup and leave the country.

3.What will happen to my PR application under employer arranged category.

Please let me know your valid inputs.

Thanks
kk

You can remain in Canada until the end of your work permit. You may look for new work, but you would need a new permit to work for a new employer. Note that you may be eligible for EI after a layoff.

Not sure how it impacts arranged employment, but it would seem likely to create a problem for you.

 

[kknl]

Hi,

Thanks for the reply.

I can stay in the country till 2016 even if i get terminated,its good to hear this,I was under impression that i will become non status.


How much process time it will take to get PR thru employment arranged category,what i am observing thru forum that thru PNP it is around 6 months and some times it one year.Not sure how long it will take.

Can I move top PNP category from employment category,Not sure how this news rules applicable to this catrgory.

kk

 

[computergeek]

I can stay in the country till 2016 even if i get terminated,its good to hear this,I was under impression that i will become non status.

Actually, as a public policy issue, allowing employers to hold their employees captive in such a fashion would make what is already an abusive system even worse. I've posted before about this issue (foreign workers and their rights) because I've seen the abusive tactics of employers bullying and threatening TFWs with "loss of status".

Remember this: as an employee you have the same legal rights as a citizen or PR employee. So you can collect EI, you have parental leave rights, you have vacation rights, your employer is obligated to obey labour laws with respect to your employment. Further, your employer may not keep your documents - your passport or your work permit. Your employer cannot even get your work permit revoked (the most that an employer can do is report you to CIC and they can investigate if there is an issue of fraud).

How much process time it will take to get PR thru employment arranged category,what i am observing thru forum that thru PNP it is around 6 months and some times it one year.Not sure how long it will take.

Can I move top PNP category from employment category,Not sure how this news rules applicable to this catrgory.

It seems to be requiring about 12 months, but it very much depends upon your visa office as well. Some are just faster than others.

The PNP category is a different application class, so you would need to submit a new application for PNP. The rules for PNP are specific to the province, so you should investigate your province's policies.

Good luck!

 

[PMM]

Hi

Actually, as a public policy issue, allowing employers to hold their employees captive in such a fashion would make what is already an abusive system even worse. I've posted before about this issue (foreign workers and their rights) because I've seen the abusive tactics of employers bullying and threatening TFWs with "loss of status".

Remember this: as an employee you have the same legal rights as a citizen or PR employee. So you can collect EI, you have parental leave rights, you have vacation rights, your employer is obligated to obey labour laws with respect to your employment. Further, your employer may not keep your documents - your passport or your work permit. Your employer cannot even get your work permit revoked (the most that an employer can do is report you to CIC and they can investigate if there is an issue of fraud).

It seems to be requiring about 12 months, but it very much depends upon your visa office as well. Some are just faster than others.

The PNP category is a different application class, so you would need to submit a new application for PNP. The rules for PNP are specific to the province, so you should investigate your province's policies.

Good luck!

1. The OP applied under arranged employment. If he loses his/her job and CIC/CHC checks to make sure that he is still employed at that the job, and he isn't. There is a good chance of a refusal.

 

[computergeek]

1. The OP applied under arranged employment. If he loses his/her job and CIC/CHC checks to make sure that he is still employed at that the job, and he isn't. There is a good chance of a refusal.

Which is why I originally said:

Not sure how it impacts arranged employment, but it would seem likely to create a problem for you.

I've not spent any time looking at how they handle FSW arranged employment cases, but my expectation was as you said - when/if they tried to confirm the arranged employment, they'd find it was withdrawn and refuse the application. Of course, if they've already confirmed the arranged employment, they might not check again.

However, my second response (which you quoted) was a response specific to his temporary status. A refusal of his FSW PR application would not terminate his ability to remain until the end of his current temporary status document, at least not based upon my understanding.

So my question back to you: have you found cases in which the loss of one's job without cause has led to a revocation of the temporary status?

To the OP: if you can apply in the PNP category, it would be a good idea to do so, particularly if your existing PR application is tenuous.

 

[PMM]

Hi

Which is why I originally said:

I've not spent any time looking at how they handle FSW arranged employment cases, but my expectation was as you said - when/if they tried to confirm the arranged employment, they'd find it was withdrawn and refuse the application. Of course, if they've already confirmed the arranged employment, they might not check again.

However, my second response (which you quoted) was a response specific to his temporary status. A refusal of his FSW PR application would not terminate his ability to remain until the end of his current temporary status document, at least not based upon my understanding.

So my question back to you: have you found cases in which the loss of one's job without cause has led to a revocation of the temporary status?

To the OP: if you can apply in the PNP category, it would be a good idea to do so, particularly if your existing PR application is tenuous.

No loss of temporary status, as you said you can remain until the expiry of the work permit.

 

[kknl]

Hi,

I am sorry,I am confused with feed backs.I am holding my work permit till june 2016

1.If I get terminated or layoff then DO i loos my status and I need to go away from the country or Can i remain till end of my workpermit and allow me to look for another job thru other company.

2.IF I loos my job from my current company where I got my PR application got approved for arranged employment category then this will get cancelled or when i receive my PR i need to be employed by any other company or only to this company to get my PR.

please let me know your valuble feed back.

thanks
kk












.

 

[computergeek]

1.If I get terminated or layoff then DO i loos my status and I need to go away from the country or Can i remain till end of my workpermit and allow me to look for another job thru other company.

Your work permit (as status document) remains valid through it's expiration.

2.IF I loos my job from my current company where I got my PR application got approved for arranged employment category then this will get cancelled or when i receive my PR i need to be employed by any other company or only to this company to get my PR.

I'm not sure if you can substitute a new employer for your existing PR application, perhaps PMM knows. But we both agreed that if you don't have the arranged employment and the VO attempts to confirm your arranged employment and it is no longer valid, they will refuse your application.

 

[kknl]

Hi,

Thanks for the update.

Now it is clear that even though i loos my job from X company(where LMO is attached to this company) still i can remain in the country till the end of work permit.I am eligible to look for another job through Y company provided I get my LMO approved thry Y company.Once I get approval i can work or else i can't work.

The only question is

1.whether my arranged employment category application remain active as long as i work only for X company.

2. if i join Y company then I need to file again for PR application thru Y company.

3. When I get approval for PR application under this category ,it is known fact that I need to be employed but If i am employed with Y company not with X company then
my application get rejected becaz my application got approved thru X company.

PMM can you please give your valid inputs.

thanks

kk

 

[kknl]

HI Leon /PMM

Can you please let me know your feed back.

My Question is.

1.If my employer layoff or terminate me what will happen to my status.My workpermit is not open it is attached to company.
2.Am I allowed to stay in the country till 2016,if your answer is yes then do i need to look for employer who will process my LMO or Can I use the same LMO which i hold for changing the employer or getting a job

If your answer is NO then how many days i am allowed to stay in the country to windup and leave the country.

3.What will happen to my PR application under employer arranged category.


thanks
kk

 

[kknl]

Hi ALL,,

Can anybody give me your valuble feed back on this issue.

Or

Anybody can suggest any site to understand the process,I am searching in web to find out information but I didn't.

Can you please help me in giving few inputs.


Thanks,
kk

 

[Leo12]

QIIP After CSQ to get visa

Will any one can inform me the following,

I already had got the CSQ and already had applied for visa to Federal last month, in this case how long it will take to get the confirmation for the police clearance, medical and confirmation to issuance of visa???

I had applied from Bangladesh to singapore office and my interview was held at hong kong.

Thanks.

 

[kknl]

Hi PMM/Leon,

My application got apporved through Arrangd Employment Category but I am seeing a situation where they may layoff most of the team because of project issues.

what will happen to my process,Do i remain eligible for this category or If I get new LMO from different employer am i elgible to carry this process.

I am confused,Any suggestion or help from you.

I am sure I can remain in the country till end date of my Work permit but my worry in my PR process.

please suggest.

thanks
kk

 

[kknl]

HI,

Can anybody please clarufy me about arranged employment category PR process.I have applied thru A company and I got admitted to the pR process and now my A company may terminate me from company.

What is going to happen to my PR process thru this category.if i join B company do i need to apply again.

Please let me know wih your valid feed back.

thanks
kk