Has work permit--but no work available now

[Yelsew]

A gentleman from Mexico has recently arrived in Canada, along with his family, with a job-specific work permit which is valid for two years. Unfortunately, before even starting the job, the employer has informed him that at the moment, there is no work available for him but there 'may' be within a few months. Clearly, this is no fault of his own. I am sure this kind of situation has arisen before, although I have not been able to find anything on the CIC site or on this forum. As far as I know, he can remain in Canada for the time being as the work permit is still valid, but I don't think he can apply to 'convert' to an open work permit. However, I may be wrong about this, so advice would be appreciated.

 

[scylla]

- He can remain in Canada for the duration of the work permit.
- He cannot convert it to an open work permit. He does not qualify for an open work permit.
- To work for a new employer, he must obtain a new full time job offer and his new employer must obtain an approved LMIA. He must then apply for a brand new closed work permit tied to his new employer. He cannot start working until the new work permit is approved.

 

[Yelsew]

- He can remain in Canada for the duration of the work permit.
- He cannot convert it to an open work permit. He does not qualify for an open work permit.
- To work for a new employer, he must obtain a new full time job offer and his new employer must obtain an approved LMIA. He must then apply for a brand new closed work permit tied to his new employer. He cannot start working until the new work permit is approved.

Thank you for your help. I was pretty sure he wouldn't be able to switch to an open work permit but at least it's good to know that he can remain in Canada for the duration of his existing work permit. This made me wonder if his wife would qualify for an OPW---I thought she would, but a little digging around on the CIC site seems to indicate that to get an OPW, her husband would have to be in an NOC 0, A or B position.

 

[scylla]

Thank you for your help. I was pretty sure he wouldn't be able to switch to an open work permit but at least it's good to know that he can remain in Canada for the duration of his existing work permit. This made me wonder if his wife would qualify for an OPW---I thought she would, but a little digging around on the CIC site seems to indicate that to get an OPW, her husband would have to be in an NOC 0, A or B position.

Correct - for his wife to qualify for an open work permit, his job must be NOC A, B or 0. If his job is NOC C or D - she doesn't qualify.

Also - his family is only entitled to move to Canada and live with him here for the duration of his work permit if he has a NOC A, B or 0 job. If he arrived on a work permit for a C or D job, they can only enter as tourist and cannot remain in Canada for the duration of his work permit. They will either need to leave once their allowed visit comes to an end or try to apply for an extension to their visit.

 

[Yelsew]

Thanks for the additional info, Scylla. When I first posted, I wasn't sure what his job category was but have since found out that it would fall under NOC A or B, so his his wife is eligible to apply for an open work permit.

 

[PMM]

Hi

Thanks for the additional info, Scylla. When I first posted, I wasn't sure what his job category was but have since found out that it would fall under NOC A or B, so his his wife is eligible to apply for an open work permit.

1. She is not eligible as her spouse is not working for a SOWP.

 

[Yelsew]

Hi



1. She is not eligible as her spouse is not working for a SOWP.

Sorry, I'm not following what you mean by "her spouse" (ie, the husband who has the work permit) "is not working for a SOWP".

 

[scylla]

Sorry, I'm not following what you mean by "her spouse" (ie, the husband who has the work permit) "is not working for a SOWP".

I believe PMM means that when she applies for the SOWP, she'll need to provide proof that her husband is working and getting paid (i.e. pay stubs, etc.) - not just that he has a work permit. Since he's not working, this evidence isn't available.