For how long can be a new work permit (changed employer) extended?

[angie1]

Hi all,

we are in Canada for almost one year. My husband is US resident. We came here as visitors. After we came my husband found an employer that applied for LMO and in August 2008 we got work permits. My husband can work only for one employer and I have open work permit. Last year my husband quit that job. He found new employer and started working in January 2009 with a new one. We thought that the employer applied for LMO and it just takes much longer to get it. One month ago my husband asked the new employer how it looks like with the LMO and he replied that he forgot about it. I could not believe it!?!?!?!?!? He was supposed to apply for it since then. That means that my husband is employed illegally. It is a very good employer, my husband gets paid regularly, gets pay-stubs, all deductions done... I have couple questions.:

Can we have a problem to get new work permit because of illegal employment?
When we get new LMO shall we apply for changing of conditions of work permit?
For how long will be a work permit extended (we suppose that LMO will be valid for 2-3 years)?
Will be also my open work permit extended of the same period of time?
I am employed full time. Is my open work permit still valid if my husband quit the old job?

Thanks a lot ahead for your replies.

Angie

[Leon]

Your husband should not have started working for the new employer without an LMO and new work permit.  As soon as he did this, he started working illegally.  You should talk to an immigration lawyer about the proper steps to take from here on.

If a temporary worker quits his job, he is still allowed to stay in Canada until his work permit expires and look for a new job, apply for LMO and new work permit.  He is not allowed to start working there without an LMO or new work permit.  As you said, he can work for only one employer.  Until the work permit has been changed, that is the old employer only.

A spouse work permit is still valid as long as it says it is.  If the husband applies to extend his work permit, the spouse should apply for extension at the same time.

[Twix]

Hi all,

When we get new LMO shall we apply for changing of conditions of work permit?
For how long will be a work permit extended (we suppose that LMO will be valid for 2-3 years)?
Will be also my open work permit extended of the same period of time?
I am employed full time. Is my open work permit still valid if my husband quit the old job?

Thanks a lot ahead for your replies.

Angie

1. Yes. After getting a positive LMO, you should use the application kit for changing conditions or extending your stay in Canada. Send it to unit 203 in Vegreville. Check the link http://www.cic.gc.ca/english/work/extend-stay.asp
2. The LMO/work permit issued would depend on your job offer. Usually, they give a max of 3 years
3. As Leon said, your OWP would be based on your husband's WP. Hence, if he applies for an extension, apply for an extension too
4. Yes, your OWP is still valid until the expiry date

[PMM]

Hi

Hi all,

When we get new LMO shall we apply for changing of conditions of work permit?
For how long will be a work permit extended (we suppose that LMO will be valid for 2-3 years)?
Will be also my open work permit extended of the same period of time?
I am employed full time. Is my open work permit still valid if my husband quit the old job?

Thanks a lot ahead for your replies.

Angie

1. Yes. After getting a positive LMO, you should use the application kit for changing conditions or extending your stay in Canada. Send it to unit 203 in Vegreville. Check the link http://www.cic.gc.ca/english/work/extend-stay.asp
2. The LMO/work permit issued would depend on your job offer. Usually, they give a max of 3 years
3. As Leon said, your OWP would be based on your husband's WP. Hence, if he applies for an extension, apply for an extension too
4. Yes, your OWP is still valid until the expiry date

The OP has also created another problem for himself.  From Section 200 of the Regulations

  An officer shall not issue a work permit to a foreign national if
...............
(e) the foreign national has engaged in unauthorized study or work in Canada or has failed to comply with a condition of a previous permit or authorization unless


PMM

[angie1]

Thanks a lot to all of you for a quick reply to my questions. I know we were supposed to get a new LMO and apply for a new work permit before he started working for a new employer. You are absolutely right. In case he will get a new LMO and we will apply to change conditions ... will officers check whether he is currently working? Is this what you are trying to tell me? Why should we talk to immigration lawyer about it? Can we do something else except getting a new LMO and applying for a new work permit?

[Leon]

I already advised you to talk to an immigration lawyer.  This is a tricky situation that you are in.

Yeah, the new employer can apply for the new LMO now and you can hope that immigration never finds out that he was working there illegally.  If he gets the new LMO, he can apply for a new work permit for that employer.

If the LMO gets denied, it gets even trickier.  He could go back to the old employer with old LMO and work permit if they want him back or he could ask the new employer to apply for an AEO he can use to apply for his PNP or FSW immigration.  An AEO would not allow him to work there though.