Work Permit

[brian07]

Hi,

I have a valid one year working visa under a W-1 category with multiple entry and I have also a work permit. My work permit has some conditions stated on it such that I can't work with any other employers other than the one stated on it. My question is that is it possible for my work permit to become an Open work permit such that I will be not be tied up to a single employer?

Your advise is very much appreciated. Thanks!

 

[PMM]

Hi

Hi,

I have a valid one year working visa under a W-1 category with multiple entry and I have also a work permit. My work permit has some conditions stated on it such that I can't work with any other employers other than the one stated on it. My question is that is it possible for my work permit to become an Open work permit such that I will be not be tied up to a single employer?

Your advise is very much appreciated. Thanks!

No.

PMM

 

[brian07]

Thanks PMM! Just a follow-up questions:

1. Is there really a no chance at all for me to work for any other employer? Can my current work permit W-1 be void/cancelled and be able to get a new employer while I'm in Canada? Do you have any idea on the process if ever these are valid?

2. I've heard from some that for software engineer's category, no need for an LMO? Is this correct? Is there a link for website to support this issue?

3. I actually already submitted my PR application in Buffalo and is already waiting for my case number. What I'm worried about is that if ever my visa and work permit expires before my PR application is approved, I will be forced to leave Canada and return to my home country. That's why I was thinking of other ways in which my WP and Visa will be prolonged by looking for other propective employers while I'm in Canada before my Visa expires. Is there any advice that you can help me with?

 

[PMM]

Hi

Thanks PMM! Just a follow-up questions:

1. Is there really a no chance at all for me to work for any other employer? Can my current work permit W-1 be void/cancelled and be able to get a new employer while I'm in Canada? Do you have any idea on the process if ever these are valid?

You would have to find a new employer who is willing to get a Labour Market Opinion that there are no Canadians/PR available for the position and have advertised extensively. If you get a positive LMO then you could apply for a new work permit. You cannot work for the new employer until you have the new permit

2. I've heard from some that for software engineer's category, no need for an LMO? Is this correct? Is there a link for website to support this issue?
Yes, but you can't call your self an "engineer" as it is a regulated profession. To work without an LMO, but a new work permit the job would have to fall within the 7 categories see: http://www.cic.gc.ca/english/work/itw-jobs.asp

3. I actually already submitted my PR application in Buffalo and is already waiting for my case number. What I'm worried about is that if ever my visa and work permit expires before my PR application is approved, I will be forced to leave Canada and return to my home country. That's why I was thinking of other ways in which my WP and Visa will be prolonged by looking for other propective employers while I'm in Canada before my Visa expires. Is there any advice that you can help me with?

PMM

 

[brian07]

Hi PMM,

One more question. I understood that my current work permit can be transfered to a new employer. And since I am a Software Developer-Services as stated in my work permit, I would not need an LMO. Just an offer letter will do to change my status of work permit.
Question: Since I will be resigning in my current employer, they will have to cancel my work permit right? If for example, they cancelled it on Aug 31 and by August 31, I still haven't find an employer to transfer my work permit, what will be my status? Should I be forced to leave Canada eventhough I still have a valid working visa?

Thanks!

 

[PMM]

Hi

Hi PMM,

One more question. I understood that my current work permit can be transfered to a new employer. And since I am a Software Developer-Services as stated in my work permit, I would not need an LMO. Just an offer letter will do to change my status of work permit.
Question: Since I will be resigning in my current employer, they will have to cancel my work permit right? If for example, they cancelled it on Aug 31 and by August 31, I still haven't find an employer to transfer my work permit, what will be my status? Should I be forced to leave Canada eventhough I still have a valid working visa?

Thanks!

No they don't cancel your work permit, you have a visitors permit with permission to work. If you aren't working, it is still valid to it's expiry date. But you must obtain a new job offer under the IT exemption and apply for a new work permit before starting work.

PMM

 

[brian07]

Hi PMM,

Will they (the Employer) not request for it to be cancelled since I will file for a resignation?

You mentioned "you have a visitors permit with permission to work"? What is this visitor's permit?

Thanks!

 

[PMM]

Hi

Hi PMM,

Will they (the Employer) not request for it to be cancelled since I will file for a resignation?

You mentioned "you have a visitors permit with permission to work"? What is this visitor's permit?

Thanks!

You see that work permit in your passport, well actually it is a visitor permit, with permission to work, the same as a study permit, is a visitor permit with permission to attend school. The employer can request it be canceled, it was issued to you, as an individual, not the employer, it only restricted you to working for that employer.

PMM

 

[brian07]

Hi

You see that work permit in your passport, well actually it is a visitor permit, with permission to work, the same as a study permit, is a visitor permit with permission to attend school. The employer can request it be canceled, it was issued to you, as an individual, not the employer, it only restricted you to working for that employer.

PMM

Just to confirm, do you mean the employer CAN or CAN'T request it to be cancelled?

 

[PMM]

Hi

Hi

You see that work permit in your passport, well actually it is a visitor permit, with permission to work, the same as a study permit, is a visitor permit with permission to attend school. The employer can request it be canceled, it was issued to you, as an individual, not the employer, it only restricted you to working for that employer.

PMM

THE EMPLOYER CAN"T REQUEST IT TO BE CANCELLED

PMM

Just to confirm, do you mean the employer CAN or CAN'T request it to be cancelled?

 

[brian07]

Hi PMM,

Another question, can the job offered by the Employer be a Permanent position or Contractual only? Is there a restriction as to Job Type that must be offered by the Employer to be approved for Work Permit?

Thanks!

 

[PMM]

Hi

Hi PMM,

Another question, can the job offered by the Employer be a Permanent position or Contractual only? Is there a restriction as to Job Type that must be offered by the Employer to be approved for Work Permit?

Thanks!

1. It cannot be permanent and you cannot work for a contractor and be contracted out to a company.
2. Skill level A,B or O on the NOC Matrix, if not then is semi-skilled and maximum is 2 years. The employer has to advertise extensively (3 months, unless on the Occupation under Pressure List for that Province) and no CCs or Prs available for the work and wages must meet local norm.

PMM

 

[brian07]

Hi

Hi PMM,

Another question, can the job offered by the Employer be a Permanent position or Contractual only? Is there a restriction as to Job Type that must be offered by the Employer to be approved for Work Permit?

Thanks!

1. It cannot be permanent and you cannot work for a contractor and be contracted out to a company.
2. Skill level A,B or O on the NOC Matrix, if not then is semi-skilled and maximum is 2 years. The employer has to advertise extensively (3 months, unless on the Occupation under Pressure List for that Province) and no CCs or Prs available for the work and wages must meet local norm.

PMM

In my case, since I am currently an IT worker and is looking for another job for another employer. What job type should I be looking at t be eligible for the renewal of Work Permit? Permanent or Contract?

 

[ShivaNarayana]

Hi brian07,
I would like to ask some question about the temporary work permit, to accquire this visa, we should posses Job offer right, this is the very difficult part, i am also in the software field, in india,
Could please advice me how to get a job offer in the IT field, and also from which country you applied for Work Permit..How long they will take to process the TWP.

I you could provide your email id, it will be more helpfull to me


Thanks
ShivaNarayana

 

[ninaz24]

Hi, i have a question and i was wondering if anyone can help me. Iam here on a work permit that states that i can only work for the employer mentioned...however i just received a new job offer but now i have to go through the process of obtaining an LMO againn and then sending the documents to alberta. How long does an LMO take in ON? Also, once i have the positive LMO can i take it to buffalo and get a work permit issued? That would be faster than sending it to vegreville....the processing time there is 62 - 80 days...any sugesstions?

thank u