Technically you can try traveling to Canada. There is some chance (probably small?) that you could have issues at the border since the job and company no longer exist.Hi I applied for LMIA based closed work permit from India and received approval last week. But to my misfortunes, company went into receivership and is closed now.
Can I still come to Canada on this work permit and look for another job.
I have my PR application in process, can I use this and apply for BOWP when I reach Canada?Technically you can try traveling to Canada. There is some chance (probably small?) that you could have issues at the border since the job and company no longer exist.
The work permit you hold is a closed work permit. This means you cannot use it to work for any other employer in Canada. In order to be able to work for another employer in Canada, that employer will need to obtain an approved LMIA and then you will need to obtain a new work permit.
If you have no issues at the border and CBSA issues the work permit, then I think you should be able to apply for a BOWP. Note that the BOWP will take several months to process so you'll need to be prepared to be in Canada without the ability to work for a while.I have my PR application in process, can I use this and apply for BOWP when I reach Canada?
Will CBSA get to know company is closed if I don't tell them?If you have no issues at the border and CBSA issues the work permit, then I think you should be able to apply for a BOWP. Note that the BOWP will take several months to process so you'll need to be prepared to be in Canada without the ability to work for a while.
Although this doesn't happen often, CBSA will sometimes ask to see updated information from the employer (e.g. a letter confirming the job is still waiting for you). In rare instances, they will sometimes call the employer or search online for them. But again, very rare. Chances are that they will issue the work permit to you without problems.Will CBSA get to know company is closed if I don't tell them?
Can't I start working on BOWP as soon as I apply for it?
@scylla Thank you for your valuable time and feedback. I appreciate your help.Although this doesn't happen often, CBSA will sometimes ask to see updated information from the employer (e.g. a letter confirming the job is still waiting for you). In rare instances, they will sometimes call the employer or search online for them. But again, very rare. Chances are that they will issue the work permit to you without problems.
No, you cannot start working for a different employer as soon as you apply for the BOWP. You will need to wait for the BOWP to be approved.
If you’ve never worked for your previous employer will an BOWP really be considered? What about misrepresentation regarding updating IRCC that the employer is no longer in business and the job offer is no longer valid before entering Canada? You are required to notify IRCC if the job offer is no longer valid and you haven’t entered Canada. The fact that OP never worked in Canada will likely be discovered because there must be a reason someone applies for a BOWP upon entering Canada on a WP. Think there is a pretty decent chance the VO will look into why a person entered Canada but never worked for their employer and is now applying for a BOWP. If CBSA asks who your employer is upon entry telling them the name of your employer knowing you will never be working for them would also be misrepresentation.If you have no issues at the border and CBSA issues the work permit, then I think you should be able to apply for a BOWP. Note that the BOWP will take several months to process so you'll need to be prepared to be in Canada without the ability to work for a while.
Hi @canuck78,If you’ve never worked for your previous employer will an BOWP really be considered? What about misrepresentation regarding updating IRCC that the employer is no longer in business and the job offer is no longer valid before entering Canada? You are required to notify IRCC if the job offer is no longer valid and you haven’t entered Canada. The fact that OP never worked in Canada will likely be discovered because there must be a reason someone applies for a BOWP upon entering Canada on a WP. Think there is a pretty decent chance the VO will look into why a person entered Canada but never worked for their employer and is now applying for a BOWP. If CBSA asks who your employer is upon entry telling them the name of your employer knowing you will never be working for them would also be misrepresentation.
There is also a lot of sketchiness going on with your applications as it seems your previous employer lied on your LMIA. This is sounding more and more like a job that has been “arranged” to facilitate immigration.
You are aware that it is closed. If you are moving anywhere to start working at a new company you are in communication with them. If you are moving across the world for a job it is not believable that you aren’t in contact with your new employer for weeks or months and you only discover they have one into receivership once you arrive in Canada. A bridging WP is meant for people who have already been working in Canada. You will have never worked in Canada and it will be easily able to see that the company was in receivership and that your job no longer existed before you came to Canada (over a month). There was no reason for you to ever come to Canada. Would add that it could be a very long time before your BOWP is even considered. Do you have the funds to stay in Canada for many months without working? If you have a PR application in process why would you risk coming to Canada with no guarantee that you’ll be able to work instead of remaining in your home country while your PR application is processed?Hi @canuck78,
What if I was not aware of the fact and get to know about closure of company after entering Canada and visiting the workplace. Then also it would have been a misrepresentation to CBSA at POE. Wouldn't that be a legitimate reason for converting WP to BOWP
