Can LMIA exempt closed Work Permit be converted to Open Work Permit from within Canada?

[mYusuf]

Went through the official website and it does mention this can be applied for and does not state any eligibility criteria except that one has a employer specific WP (Link pasted at the end)

A few questions:
1. Can this actually be done?
2. If rejected, does it affect the existing WP?
3. If accepted, does the open WP affect the status of spouse and dependents?

Thank you

https://www.canada.ca/en/immigratio...t/temporary/extend/change-jobs-employers.html

 

[Naturgrl]

If you are on a closed work permit, you are not eligible for an open work permit.

 

[scylla]

Went through the official website and it does mention this can be applied for and does not state any eligibility criteria except that one has a employer specific WP (Link pasted at the end)

A few questions:
1. Can this actually be done?
2. If rejected, does it affect the existing WP?
3. If accepted, does the open WP affect the status of spouse and dependents?

Thank you

https://www.canada.ca/en/immigratio...t/temporary/extend/change-jobs-employers.html

You need to meet one of the criteria for open work permits in order to apply. Otherwise you don't qualify. There is specific criteria outlined on the IRCC web site. Please read through it before submitting any application.

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=177&top=

 

[YVR123]

Went through the official website and it does mention this can be applied for and does not state any eligibility criteria except that one has a employer specific WP (Link pasted at the end)

A few questions:
1. Can this actually be done?
2. If rejected, does it affect the existing WP?
3. If accepted, does the open WP affect the status of spouse and dependents?

Thank you

https://www.canada.ca/en/immigratio...t/temporary/extend/change-jobs-employers.html

The link you posted didn't show ANYTHING about "applying for OWP when you are on a closed work permit".
It's about applying to work for a different employer under a different closed work permit. It also mentioned that you can work for a different employer IF you are already under an OWP.

For sure you can apply for a new open work permit if you meet the requirement for one. And according to the link provided by another member:
I have removed the few that don't applied to you at all ( being sponsored by a (PR/citizen) spouse, refugee or an international student getting PGWP...etc.)

And to add, you need a lot of proof to show that your current employer is abusing you. (or at risk of so)

Who can apply for an open work permit?
You may be eligible for an open work permit if you

• have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
• are under an unenforceable removal order
• are a temporary resident permit holder

In each of these situations, you must meet additional criteria to be eligible.

 

[mYusuf]

Thank you @YVR123, @scylla and @Naturgrl for your guidance

 

[mYusuf]

I qualify for one category where I can apply for BOWP after I get an ITA. In case I get a BOWP

1. If the EE is declined, does it affect the existing WP?
3. If accepted, does the BOWP affect the status of spouse and dependents?

Thank you

 

[scylla]

I qualify for one category where I can apply for BOWP after I get an ITA. In case I get a BOWP

1. If the EE is declined, does it affect the existing WP?
3. If accepted, does the BOWP affect the status of spouse and dependents?

Thank you

Once you have ITA, have submitted your complete application and have AOR, you can apply for a BOWP.

 

[YVR123]

I qualify for one category where I can apply for BOWP after I get an ITA. In case I get a BOWP

1. If the EE is declined, does it affect the existing WP?
3. If accepted, does the BOWP affect the status of spouse and dependents?

Thank you

post your question in the EE section. Since you are applying for BOWP under EE.

Link for general BOWP info

Bridging open work permit for permanent residence applicants - Canada.ca

 

[Naturgrl]

What is your CRS score? Fluent in French?

 

[mYusuf]

What is your CRS score? Fluent in French?

It is topic for EE forum but I will reply to your query.
I qualify for FSW but not CEC as I am sel employed. My EE application was turned down. Let me explain, maybe you might guide me.

There is no specific option in the application To mark whether I am applying for FSW or CEC. Since I am self employed, I only qualify for FSW. However, to completely represent my situation I had mentioned my 1 year Canada self employed history. The system implicitly uses that to give a CEC based ITA. To add to the confusion, IRCC site says that if I qualify for both programs, I will still get the ITA for CEC, even though I wanted my processing under FSW.

My application was denied even though I uploaded a letter stating that I intend to be processed under FSW and since I hed mentioned all the information, I am being placed in a different category.
I am at a loss what to do !

 

[scylla]

It is topic for EE forum but I will reply to your query.
I qualify for FSW but not CEC as I am sel employed. My EE application was turned down. Let me explain, maybe you might guide me.

There is no specific option in the application To mark whether I am applying for FSW or CEC. Since I am self employed, I only qualify for FSW. However, to completely represent my situation I had mentioned my 1 year Canada self employed history. The system implicitly uses that to give a CEC based ITA. To add to the confusion, IRCC site says that if I qualify for both programs, I will still get the ITA for CEC, even though I wanted my processing under FSW.

My application was denied even though I uploaded a letter stating that I intend to be processed under FSW and since I hed mentioned all the information, I am being placed in a different category.
I am at a loss what to do !

If you receive an invite under CEC then you have to qualify under CEC. You cannot switch the ITA to FSW. You need to actually receive an ITA under FSW. As you've said, you cannot qualify for CEC since your work experience is self employment. Have you tried setting up your EE profile to claim this as non Canadian work experience? Wait for responses to your question in the EE section as well.

 

[mYusuf]

If you receive an invite under CEC then you have to qualify under CEC. You cannot switch the ITA to FSW. You need to actually receive an ITA under FSW. As you've said, you cannot qualify for CEC since your work experience is self employment. Have you tried setting up your EE profile to claim this as non Canadian work experience? Wait for responses to your question in the EE section as well.

What is the correct, formal, legal way to represent my self employed 1 year Canadian experience in the EE profile?
If I state that in the work history, the system automatically uses to put me in CEC. If I don't write it in Work History with full 1 year, I will not be correctly listing my data. If I do not enter this at all the system makes the profile ineligible.
There is no way I can fill up the profile for FSW by entering all info?
Can you kindly give any suggestion so that I can start the process. I already have eligible non-canadian experience.
Thank you

 

[scylla]

What is the correct, formal, legal way to represent my self employed 1 year Canadian experience in the EE profile?
If I state that in the work history, the system automatically uses to put me in CEC. If I don't write it in Work History with full 1 year, I will not be correctly listing my data. If I do not enter this at all the system makes the profile ineligible.
There is no way I can fill up the profile for FSW by entering all info?
Can you kindly give any suggestion so that I can start the process.
Thank you

Please read my previous response again. You cannot count this as Canadian work experience. Self employment can only be counted as foreign work experience as far as I'm aware.

 

[mYusuf]

Please read my previous response again. You cannot count this as Canadian work experience. Self employment can only be counted as foreign work experience as far as I'm aware.

Oh ! I didn't know self-employment can be shown as foreign experience ! What that be correct??

I understood your point that self-employment is not counted. My confusion is that i do not know how to write the self-employment part without misrepresenting it.

I have been trying to find out from official websites how to represent it but no information. I can't afford an immigration lawyer!

 

[scylla]

Oh ! I didn't know self-employment can be shown as foreign experience ! What that be correct??

I understood your point that self-employment is not counted. My confusion is that i do not know how to write the self-employment part without misrepresenting it.

I have been trying to find out from official websites how to represent it but no information. I can't afford an immigration lawyer!

Wait for answers to your question in the EE section of the forum.