Closed Work Pemit.. Help

[kpadmaraman]

Hi,
I have a closed work permit with my employer valid till 2014. My employer is winding up the project and wants me to move out of Canada in 3 months. What are my options?
Should i search for a job and ask the new employer to apply for a work permit for me? Can i directly apply for open work permit?
Note that my PR (CEC) application is in the "Medical Request" stage. Seniors, advice pl.
Also, after i send the medicals to CIC, and if PR is approved, will they ask me to do the Landing from US? If yes, should we all possess US - Visitors visa?

 

[computergeek]

Hi,
I have a closed work permit with my employer valid till 2014. My employer is winding up the project and wants me to move out of Canada in 3 months. What are my options?
Should i search for a job and ask the new employer to apply for a work permit for me? Can i directly apply for open work permit?
Note that my PR (CEC) application is in the "Medical Request" stage. Seniors, advice pl.
Also, after i send the medicals to CIC, and if PR is approved, will they ask me to do the Landing from US? If yes, should we all possess US - Visitors visa?

If your work permit is valid until 2014, you have status to remain in Canada until 2014. This has nothing to do with your employer - the status belongs to you. Your employer may not take your passport or your work permit (this is clearly stated on the CIC website in fact.)

Depending upon how long you have been working, you may be eligible for EI - generally, if you have worked full-time for at least 6 months and you paid EI you will be eligible. You may be eligible if you have worked for less than 6 full-time months, you should check with Service Canada.

You can use that time to search for a new job. If you find an employer willing to obtain an LMO, you can do so and once you have a new closed work permit you may begin working for that new employer. You may not work for the new employer under your old closed work permit. You will not be eligible for an open work permit based upon what you have said so far.

If you receive your PR between now and the expiration of current status in Canada, you may go to the Canada/US border and "flag pole". The US side will give you an "administrative refusal" that will include a date stamp on it. You may then return to Canada and land (US citizens will have their passport stamped because as a matter of law they cannot be refused entry into the US).

 

[jes_ON]

Hi,
I have a closed work permit with my employer valid till 2014. My employer is winding up the project and wants me to move out of Canada in 3 months.

computergeek's response is very good & thorough. I just wanted to emphasize - your employer has absolutely no right to ask or expect that you move out of Canada (unless what you mean is, they want you to continue working for them, but outside of Canada). Depending on your contractual terms and benefits, they may want you to leave to avoid paying out your contract - if you suspect that is the case, it might not hurt to have a lawyer take a look. But even if they don't owe you anything, they cannot ask you to leave Canada. If they owe you a return ticket home, that's tricker, you can try to get a refundable or changeable ticket...

As you know, you can't work for anyone else without another LMO/work permit, but you are absolutely free to stay and look...

Unfortunately, the status of your CEC application does not grant any privilege to work.

 

[kpadmaraman]

computergeek and Jes-ON, thanks so much. I am sorry, i phrased it wrong. Employer wants us to work for them, but not in Canada.
Secondly which status of my CEC application will grant me the priviledge to work?

 

[computergeek]

Employer wants us to work for them, but not in Canada.

You are free to go elsewhere and work for the employer if you so desire. You do not lose your status in Canada, although it will clearly expire at some point.

Secondly which status of my CEC application will grant me the priviledge to work?

You won't gain any special status until you have been granted permanent residency - then you will be a permanent resident.