Closed Work Permit - Job change

[ravitejv]

Hello Members,

I'm bit confused and would need your suggestions to understand the process, so please help me,

I'm currently on closed work permit with a company in Montreal with valid visa and work permit. This is a intra-company transfer, under specialized skill category (no LMIA). If I quit the job, the employer does not need to notify IRCC about my job change/work status (I got this statement from IRCC website)? Not sure.

My question is, if I quit the job, can I travel to United states and re-enter Canada? I have a valid visa and WP until 2021 (but if the wp is verified at the CBP, technically, I would be no longer working in the company).
Do I need a visitor visa? I don't have an eTA as I'm from India.
There are many threads addressing re-entry but my situation is slightly different from those mentioned or I may be completely wrong. If any one can help me, it would be great.

Thanks,
Ravi

 

[funwizard]

Following.. i would like get details as well

 

[newcomer7]

Hello PMM or anyone who can please input your suggestion to help Ravi.

It had been a week without any new suggestion...

Thank you.

 

[PMM]

Hi

Hello PMM or anyone who can please input your suggestion to help Ravi.

It had been a week without any new suggestion...

Thank you.

1. Yes, you can exit and return to Canada, but if CBSA decides that since you are now unemployed, that there is no need for you to be in Canada, they may not admit you.

 

[Yaha14]

Hi



1. Yes, you can exit and return to Canada, but if CBSA decides that since you are now unemployed, that there is no need for you to be in Canada, they may not admit you.

Have you ever seen on forum that someone holding a valid closed WP(not working for the employer listed in WP anymore) had any issues when flagpoling?

My girlfriend has closed WP. She doesn’t work for the employer anymore. She applied to change an employer online June 13. Her contract starts in September. Still waiting. Really anxious.

Thinking to go flagpoling. Her passport is NOT TRV exempt.

Can you please recommend what to do in this case? Should we flagpole?

 

[21Goose]

Have you ever seen on forum that someone holding a valid closed WP(not working for the employer listed in WP anymore) had any issues when flagpoling?

My girlfriend has closed WP. She doesn’t work for the employer anymore. She applied to change an employer online June 13. Her contract starts in September. Still waiting. Really anxious.

Thinking to go flagpoling. Her passport is NOT TRV exempt.

Can you please recommend what to do in this case? Should we flagpole?

I assume her new employer got an approved LMIA? I

 

[Yaha14]

I assume her new employer got an approved LMIA? I

The job is LMIA exempt.

 

[21Goose]

The job is LMIA exempt.

Under which exemption? Flagpoling can be tricky if the CBSA officer isn't convinced that the job is genuine or something like that. They may just tell you to go back home and wait. If the job is with a very big, reputed company and she has the CV that clearly matches the job.. then I suppose you could try it.

An LMIA shifts the burden of proof from you to ESDC - it's easier for the CBSA officer to give you the work permit since ESDC has already presumably done the due diligence.

Personally, I wouldn't recommend flagpoling. Too many variables.

 

[Yaha14]

Under which exemption? Flagpoling can be tricky if the CBSA officer isn't convinced that the job is genuine or something like that. They may just tell you to go back home and wait. If the job is with a very big, reputed company and she has the CV that clearly matches the job.. then I suppose you could try it.

An LMIA shifts the burden of proof from you to ESDC - it's easier for the CBSA officer to give you the work permit since ESDC has already presumably done the due diligence.

Personally, I wouldn't recommend flagpoling. Too many variables.

The job is exempt under exemption code C50:Charitable or religious work.
It is a very well known charitable organisation, she was working for this organisation on original WP but now wants to move to another city to work for the same organisation but different branch(they are spread across Canada and every “branch” is a different employer). So she has a previous work experience in the exact same role in the same organisation in Canada and also abroad.

My only concern is: when CBSA finds out that she is not currently working for the employer in her current WP they have any right do not admit her back to Canada. But they won’t be able to return her back to USA as well. I don’t believe they gonna just place her in no mans land.

All the documents are in perfect order for this job. I applied through the same organisation and changed the branch of organisation here in Canada as well at some point, but applied online.

In her case, online application now is taking too long. She applied June 13 and no idea when hey gonna approve it online.

 

[21Goose]

My only concern is: when CBSA finds out that she is not currently working for the employer in her current WP they have any right do not admit her back to Canada. But they won’t be able to return her back to USA as well. I don’t believe they gonna just place her in no mans land.

No, they won't just leave her in limbo between the two countries or deport her immediately. If they decide not to give her the work permit, they will allow her back into Canada (unless there's something really badly wrong and they arrest her or something like that, but that's not at all a likely scenario).

However, the risk is that they give her a one week visitor record and ask her to leave Canada within that week. She will lose status by leaving Canada, so will be entirely dependent on whether they give her a work permit, and if not, how long a visitor record they give her.

 

[Yaha14]

No, they won't just leave her in limbo between the two countries or deport her immediately. If they decide not to give her the work permit, they will allow her back into Canada (unless there's something really badly wrong and they arrest her or something like that, but that's not at all a likely scenario).

However, the risk is that they give her a one week visitor record and ask her to leave Canada within that week. She will lose status by leaving Canada, so will be entirely dependent on whether they give her a work permit, and if not, how long a visitor record they give her.

Oh, that is a bad scenario.

Would they still give her a one week visitor record if she already applied for changing conditions on her WP online? In that case, even if they gonna approve it online she will be out of the country already(assuming they give her a visitor record).

Ohh, it seems tooo risky for me :/

But otherwise, just to sit and wait without being able to work is also not an option. I just don’t know when they gonna issue her WP. Some people waiting here on forum 5 months already with no approval. Some got approved after 110 days or so...

 

[21Goose]

Oh, that is a bad scenario.

Would they still give her a one week visitor record if she already applied for changing conditions on her WP online? In that case, even if they gonna approve it online she will be out of the country already(assuming they give her a visitor record).

Ohh, it seems tooo risky for me :/

But otherwise, just to sit and wait without being able to work is also not an option. I just don’t know when they gonna issue her WP. Some people waiting here on forum 5 months already with no approval. Some got approved after 110 days or so...

Flag poling is inherently risky (except for people landing with CoPRs). CBSA is not IRCC, and they are not the agency that is supposed to process work permits. You're basically putting it in the hands of whichever officer sees you and what kind of day they've been having.

Yes, they can ask you to leave even if your work permit is pending. It won't cancel your application, they'll tell you to go back to your home country and wait for the answer.

Or you might get lucky and everything goes through smoothly. Impossible to say.

 

[Yaha14]

Flag poling is inherently risky (except for people landing with CoPRs). CBSA is not IRCC, and they are not the agency that is supposed to process work permits. You're basically putting it in the hands of whichever officer sees you and what kind of day they've been having.

Yes, they can ask you to leave even if your work permit is pending. It won't cancel your application, they'll tell you to go back to your home country and wait for the answer.

Or you might get lucky and everything goes through smoothly. Impossible to say.

Thank you for all the answers.

We better wait for now and hope IRCC will issue it soon.

If it is a delay-the only option is to flagpole. Just To stay in Canada without being able to work for a long time is not an option.

 

[Pgill2609]

Thank you for all the answers.

We better wait for now and hope IRCC will issue it soon.

If it is a delay-the only option is to flagpole. Just To stay in Canada without being able to work for a long time is not an option.[/QUOTE

Hi I'm.hoping you are still on this forum did your gf manage to get a work permit on c50 exemption?

 

[Moien]

Hi Guys,

I am currently on a employer-specific (closed) work permit which is valid by April 2021. My wife has recently become a full time student. Based on her new status, I am going to apply for Open Work Permit, which potentially brings me more opportunities in Canadian job market.

Is there any possibility that this OWP application leave a negative impact on my current status (I am also waiting for PR) as worker in Canada?

Many thanks in advance