Can I Have Multiple Valid Work Permit for Multiple Employers?

[arisudu]

I'm currently in Canada on a closed WP. I was recently terminated due to project unavailability with my current employer. My WP and TRV will expire in Jan 2013. Now I've 2 offers from 2 different employers with approved LMO. I have already applied for New Employer WP online on CIC website. Now my second employer wants me to apply for WP. I've not finalized right now which employer I'm going to join but later on I'll decide after I get my WPs. So my question is...

1. Can I apply for 2 WPs for 2 different employers? Will both be valid? I heard somewhere that only the latest WP will be valid and all OLD ones will expire. I'm confused and afraid to apply for second employers WP.

2. Since I'm currently not working am I allowed to stay in Canada legally?

Appreciate your help.

 

[computergeek]

I'm currently in Canada on a closed WP. I was recently terminated due to project unavailability with my current employer. My WP and TRV will expire in Jan 2013. Now I've 2 offers from 2 different employers with approved LMO. I have already applied for New Employer WP online on CIC website. Now my second employer wants me to apply for WP. I've not finalized right now which employer I'm going to join but later on I'll decide after I get my WPs. So my question is...

1. Can I apply for 2 WPs for 2 different employers? Will both be valid? I heard somewhere that only the latest WP will be valid and all OLD ones will expire. I'm confused and afraid to apply for second employers WP.

Yes, you can. If granted, both would be valid (at least that's my reading of the IRPR).

2. Since I'm currently not working am I allowed to stay in Canada legally?

Yes. You have status until the end of your work permit (January 2013), even if your employment is terminated. Further, you may qualify for EI benefits. TFWs have the same legal rights as non-TFWs with respect to employment and benefits.

 

[PMM]

Hi

Yes, you can. If granted, both would be valid (at least that's my reading of the IRPR).

Yes. You have status until the end of your work permit (January 2013), even if your employment is terminated. Further, you may qualify for EI benefits. TFWs have the same legal rights as non-TFWs with respect to employment and benefits.

Only 1 work permit to a customer. Note that the work permit should be noted that is "only valid for the above employer at the above location"

 

[computergeek]

It took me quite a while to dig up a reference indicating that multiple work permits were allowed as a matter of law - it certainly is not clear from the regulations that it is permitted or prohibited. However, I found one official website that addressed this in the context of IEC work permits:

An application to a second category [of work permit] does not annul the validity of your current permit.

Source: http://www.international.gc.ca/canada-europa/france/jeunesse-youth/faq-en.asp#remp

This, combined with the fact I could not find a prohibition in the IRPR and that I have known people holding two work permits simultaneously in the past, is the basis of my answer. Ultimately, if you want a legal opinion your best bet is to engage your attorney to issue one to you.

 

[arisudu]

Good information in the replies. Thanks! I'll contact CIC as well and ask them about multiple WPs and let all know. To respond to "computergeek" I applied for EI benefits and it was refused. Reason: Since you're working on closed WP you're not considered available to work for another employer. So EI can not be paid to you. They sent me a letter as well.

I've contacted my employer and they said you can appeal this decision. Letter from EI also has a page describing how to appeal the decision.

Does anyone have a similar situation like mine? Can you share your experience?

 

[computergeek]

Good information in the replies. Thanks! I'll contact CIC as well and ask them about multiple WPs and let all know. To respond to "computergeek" I applied for EI benefits and it was refused. Reason: Since you're working on closed WP you're not considered available to work for another employer. So EI can not be paid to you. They sent me a letter as well.

This topic has been discussed previously on the forum and it seems that some people are granted EI and some denied, without a clear reason for either decision. http://www.canadavisa.com/canada-immigration-discussion-board/do-temporary-foreign-workers-qualify-for-employment-insurance-t16016.15.html

CIC's website says you are, and links to an HRSDC page that is no longer valid (same as linked in the above thread, in fact).

This interesting document confirms much of this: http://www.yorku.ca/raps1/events/pdf/D_Nakache.pdf - it refers to confusion between the public information and the processing manuals as well as actual practice.

Thus, it seems that if you are in AB and are laid off, you are much more likely to qualify for EI. I'm originally from the US and there are special rules for people from the US with respect to EI (US TFWs do have a right to collect EI that is uniquely called out, and can do so from the US but that does not appear to be the case for any other country.)

I'm surprised there isn't more litigation in this area - collecting the full amount of EI but only providing limited/restrictive access seems to be fundamentally unfair. I would suggest if you choose to appeal that you do as much research as possible and point out as much of this as possible. You may not win, but if you don't at least try you are guaranteed not to win.

Good luck!

 

[arisudu]

Great info. I'm going through it. If EI cannot be paid for closed WPs then EI from payroll should not be deducted for foreign workers at all. I'm researching before I file for appeal. P.S - I've opened a new thread on this before your reply.

 

[MasterGeek]

So Is it possible to hold multiple work permits simultaneously ?

 

[arisudu]

So Is it possible to hold multiple work permits simultaneously ?

Yes.

 

[PMM]

Hi

It took me quite a while to dig up a reference indicating that multiple work permits were allowed as a matter of law - it certainly is not clear from the regulations that it is permitted or prohibited. However, I found one official website that addressed this in the context of IEC work permits:

Source: http://www.international.gc.ca/canada-europa/france/jeunesse-youth/faq-en.asp#remp

This, combined with the fact I could not find a prohibition in the IRPR and that I have known people holding two work permits simultaneously in the past, is the basis of my answer. Ultimately, if you want a legal opinion your best bet is to engage your attorney to issue one to you.

1. Note the link is for IEC visas which are different kettle of fish. The statement re: more than 1 permit is a follows:

es. You may apply to participate in a second category, while you are in Canada and your current permit is still valid. An application to a second category does not annul the validity of your current permit. If you are in Canada when you receive your Letter of Introduction by email, you will have to leave the country with this letter and present it to an Immigration Officer at a point of re-entry to Canada (i.e. a border crossing) in order to obtain your new temporary work permit. Issuing the new permit will annul the previous one, regardless of its initial duration. Please note that you may participate in 2
different categories.

2. Also conditions are usually (supposed to be) on all closed work permits as per R185

185. An officer may impose, vary or cancel the following specific conditions on a temporary resident:

(a) the period authorized for their stay;

(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including

(i) the type of work,

(ii) the employer,

(iii) the location of the work,

(iv) the times and periods of the work, and.

In the conditions on the closed work permit it will state "only allowed to work for the above employer in the above location"