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Discriminatory hiring rejecting Open Work Permit, requiring Citizen/PR?

Dec 15, 2016
3
0
I'm hoping for advice around what I perceive to be discrimination against open work permit holders in the application process for university teaching positions. These positions are often specifying a requirement for citizenship/permanent residence and I am confused about the legality of an employer demanding this requirement and asking questions beyond a basic "are you legally entitled to work in Canada?".

About me:
1) I'm an open work permit holder (valid until 2019).
2) I'm eleven months into a spousal permanent residence application, which based on advertised processing times, I would expect to be completed within the next six months.
3) I hold a Canadian Ph.D. in a science subject.
4) I have international work experience as a university lecturer.
5) I'm applying for temporary and permanent university level teaching positions, achieving which are both a passion and long held ambition for me.

Now I'm experiencing discrimination as a result of my immigration status. I've been fortunate enough to interview for several positions, one of which I believe was not offerred to me as a direct result of my holding a work permit, rather than being a citizen/PR. Their application process didn't distinguish between the open work permit which I hold and that is supposed to make me eligible for any job (other than sex work) and the more common normal work permit that requires a labour market process).

Several of the positions I'm now applying for would start next summer, by which point I should be a permanent resident. However their application forms request current status, and often demand citizenship/ permanent residence at this point. I take great pride in my integrity and honesty and don't want to have to lie about my current status and list my anticipated status at the point the job would start. I want to enter the job market with my open work permit that is supposed to be "open" and give me access to jobs here now! What can I do in this situation? Is it even legal for employers to discriminate in this way? I realise that high level government jobs/ or security focused positions might need to discriminate, but I have already worked with Canadian students in a Canadian university while I was completing my Ph.D. here, handling confidential records relating to course grades and marks. I can't see any legitimate reason for discrimination of this sort.

I'd be very grateful if anyone can offer any advice. Should I claim PR status as I should have it before the job starts? Is this even a question that can legally be asked for this type of position? Please help! Thanks!
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
I'm hoping for advice around what I perceive to be discrimination against open work permit holders in the application process for university teaching positions. These positions are often specifying a requirement for citizenship/permanent residence and I am confused about the legality of an employer demanding this requirement and asking questions beyond a basic "are you legally entitled to work in Canada?".

About me:
1) I'm an open work permit holder (valid until 2019).
2) I'm eleven months into a spousal permanent residence application, which based on advertised processing times, I would expect to be completed within the next six months.
3) I hold a Canadian Ph.D. in a science subject.
4) I have international work experience as a university lecturer.
5) I'm applying for temporary and permanent university level teaching positions, achieving which are both a passion and long held ambition for me.

Now I'm experiencing discrimination as a result of my immigration status. I've been fortunate enough to interview for several positions, one of which I believe was not offerred to me as a direct result of my holding a work permit, rather than being a citizen/PR. Their application process didn't distinguish between the open work permit which I hold and that is supposed to make me eligible for any job (other than sex work) and the more common normal work permit that requires a labour market process).

Several of the positions I'm now applying for would start next summer, by which point I should be a permanent resident. However their application forms request current status, and often demand citizenship/ permanent residence at this point. I take great pride in my integrity and honesty and don't want to have to lie about my current status and list my anticipated status at the point the job would start. I want to enter the job market with my open work permit that is supposed to be "open" and give me access to jobs here now! What can I do in this situation? Is it even legal for employers to discriminate in this way? I realise that high level government jobs/ or security focused positions might need to discriminate, but I have already worked with Canadian students in a Canadian university while I was completing my Ph.D. here, handling confidential records relating to course grades and marks. I can't see any legitimate reason for discrimination of this sort.

I'd be very grateful if anyone can offer any advice. Should I claim PR status as I should have it before the job starts? Is this even a question that can legally be asked for this type of position? Please help! Thanks!
I would not suggest lying to a future employer about your status because they would know about it through your SIN. Although it may seem unfair but employers have the right to ask about your legal status because they want to make sure that they are hiring legally and not to break any employment standards regulation. I myself have experience companies rejecting based on my status but I do understand that they would want someone permanent or even long term without going through the hassle of obtaining LMIA or even sponsoring.

But in your case, since your PR process should probably be done next summer, maybe you can convince your future employers that you have a open work permit which allows you to work for anyone and you're about to get PR very soon so you wouldn't need any help from securing your status in the future.

Job hunting is tough but keep trying and you'll land a great job very soon enough

Good Luck!
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
Agree with everything that Wonderland has said. You have to put yourself in the position of any employer, do they take the risk that a temporary worker may or may not gain PR status at some point in the future or do they hold out for a citizen or a PR.

Easy enough to see this as discrimination but simply reflects how an employer is looking at the recruitment process in looking for a degree of certainty for a position as opposed to taking on someone who only has temporary resident rights.

Just a case of continuing to apply for jobs and getting lucky that you find that one employer that you impress so much that either they take the risk you become a PR in the future or they are so positive they tell you to come back for an offer when you are a PR