Eligibility for Open Work Permit - 2019

[PKGIndia]

Hi,

My Situation:
I am currently working in Canada with a Closed Work Permit (Intra company transfer) which is Valid to June 2020. Now my client project is ending and my company wants to take me back to India.
Meanwhile, I have also got ITA for Canada PR and applied (recently).

My Question:
Am I eligible to apply for an Open Work Permit to join any other company so that I can remain in Canada till I get my PR (my closed WP is valid for the next 16 months)?

Thanks in advance for your help.

 

[PKGIndia]

You can only qualify if you applied to one of these permanent residence programs:

• Federal Skilled Worker Program,
• Canadian Experience Class,
• Federal Skilled Trades Program,
• Provincial Nominee Program,
• Caring for Children Class, or
• Caring for People with High Medical Needs Class.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

The eligibility criteria in that link is as below:

You may be eligible for a bridging open work permit if:

• you applied for permanent residence
• your current work permit expires in 4 months or less
• you have valid status on your work permit
• you are currently in Canada

Question: I posted this question for the second point. My closed work permit is Valid to June 2020. Am I eligible for a Open Work Permit?

 

[PKGIndia]

Not until March 2020

Thank you for your answer and it seems correct depending on my research in the forams.

However, I am still a little skeptical on the second point as it has not mentioned whether the criteria is for Open or Closed WP.

Logically it should not apply for Closed WP as with Closed WP we cannot work for any employer. The purpose of this eligibility is to allow the candidate to work in Canada until he gets his PR. With Closed WP he is not free to work in Canada and the very purpose is not entirely fulfilled.

Though it is completely my own perspective, I am still searching in CIC website for the definite answer.

 

[canuck_in_uk]

The eligibility criteria in that link is as below:

You may be eligible for a bridging open work permit if:

• you applied for permanent residence
• your current work permit expires in 4 months or less
• you have valid status on your work permit
• you are currently in Canada

Question: I posted this question for the second point. My closed work permit is Valid to June 2020. Am I eligible for a Open Work Permit?

You can certainly try. The 4 month requirement is not set in stone. Many have been able to get BOWPs when their work permits were still valid for much longer, usually by showing that they could no longer work for the employer listed on their closed work permit for reasons such as being laid off or a contract ending.

 

[rajahoomi]

You can certainly try. The 4 month requirement is not set in stone. Many have been able to get BOWPs when their work permits were still valid for much longer, usually by showing that they could no longer work for the employer listed on their closed work permit for reasons such as being laid off or a contract ending.

What about Quebec residency? On CIC website it says Quebec residents are not eligible for BOWP. What if someone has applied for EE from Quebec with the intention to move out of Quebec but they’re WP is expiring?

 

[canuck_in_uk]

What about Quebec residency? On CIC website it says Quebec residents are not eligible for BOWP. What if someone has applied for EE from Quebec with the intention to move out of Quebec but they’re WP is expiring?

You likely still don't qualify because you are a Quebec resident. EE apps from those residing in Quebec are generally refused without strong proof of intent to reside outside of Quebec. What proof did you submit?

 

[rajahoomi]

You likely still don't qualify because you are a Quebec resident. EE apps from those residing in Quebec are generally refused without strong proof of intent to reside outside of Quebec. What proof did you submit?

Well at the beginning my address was in Quebec. However I provided proof that I studied in Ontario, I have family in Ontario and I have been actively applying for jobs in Ontario. Now that I applied for BOWP I changed my residency to Ontario (both PR and BOWP application) I even converted my driver license to Ontario. The only concern I have is that my employer is located in Quebec. I am not sure if I have to stop working if I go into implied status or not...

 

[canuck_in_uk]

Well at the beginning my address was in Quebec. However I provided proof that I studied in Ontario, I have family in Ontario and I have been actively applying for jobs in Ontario. Now that I applied for BOWP I changed my residency to Ontario (both PR and BOWP application) I even converted my driver license to Ontario. The only concern I have is that my employer is located in Quebec. I am not sure if I have to stop working if I go into implied status or not...

If you don't live in Quebec, you should be able to apply for a BOWP. You can work on Implied Status.

 

[canuck78]

Are you actually living in Ontario? You can't just convert things like health cars and driver's license to another address where you aren't living.

 

[rajahoomi]

Are you actually living in Ontario? You can't just convert things like health cars and driver's license to another address where you aren't living.

I have a lease yes. And I have converted my driver license to Ontario already.