Can you change from a work permit to an open work permit while waiting for PR?

[Kay-AB]

Hello,

I'm posting this once again as I have not received any advise. I'm waiting for advise from our senior members.
A question on behalf of a friend of mine:

He is currently working in Edmonton Alberta on work permit as a journeyman welder. Just got approved for AB provincial nominee (AINP) and is in the middle of applying for CIC PR. His employer, however, is very likely going to close down the business soon and informed him that he'll be let go.

He has two questions:
1. Basically, he is not laid off yet and so he still has a valid work permit with his current employer. But can he apply for an open work permit now? Some people told him he could if he has AINP approval.

2. If he can't, what would be his option once he gets laid off? Can he still stay legally until the end of his work permit expiration without securing a job?

Waiting for your valuable advise. Thank you in advance.

 

[Leon]

If he was sponsored for PNP by his employer, last I knew, AINP would require him to stay with the employer throughout his processing. I enquired about this one time for a coworker who was considering PNP and AINP told me at that time that if they find out that the applicant is no longer working for that employer, they will cancel the nomination which will cancel their PR application since that is tied in with the nomination.

He can call the AINP and ask them a hypothetical question, such as "what if.." without giving them his name and file number. He could ask the employer to put him on temporary lay-off for the time being. For the employer it's even better since he wouldn't have to pay him his notice and he should be able to get EI but officially he would still be on the books as working for that company for a while longer and hopefully long enough to get his PR.

The AINP does not give anybody an open work permit as far as I know but they can lift the requirement of needing an LMO. However, I think in that case it is for people who are under other AINP programs than employer driven stream or people who need the LMO to extend their work permit with the same employer.

 

[Kay-AB]

Leon,

Thank you so much for your detailed explanation. Your insights and expertise are always appreciated on this forum. That has been really helpful.

Kay

 

[ladyjen]

I received my Alberta PNP certificate in December and submitted my Permanent Residence Application to the Canadian Embassy in Manila last April. I also submitted an on-line Work Permit extension application the same month, April. Unfortunately, I made the mistake of not attaching a copy of the Alberta PNP certificate, and the job offer. I received a letter from the CIC asking me to "re-apply" for my work permit and to include the two said documents, but this time, it will be considered "Restoration", because my work permit has expired last May. Last month, I have submitted my restoration application for a work permit extension, including the job offer and the Alberta PNP certificate. The problem is, and I just realized this: Because I received the PNP certificate in December, it had an expiration date of June. When I did my initial on-line application for the work permit, the PNP certificate was still valid. But when I submitted my restoration application, at that point, the PNP certificated had already expired. I am now waiting for the results but am afraid that because of the expiration, my work permit application/restoration might be refused. Any insights? Any similar experience?