Employer Specific Work Permit - Laid Off

[mcfsan]

Hey guys,

My husband has been laid off today. I have an open work permit, so I'll be able to work until the end of our permit (May 2021). Unfortunately, he won't.

Considering our country (Brazil) is in a very complicated situation with COVID and the economy, going back now is a very complicated situation for us... almost impossible.
Do you think is it possible to get an open work permit for him too? We were thinking about the "vulnerable" option since this decision came from nowhere. The company stated that his performance wasn't good... but we have the performance evaluation records and they don't show this... actually they didn't even give him a warning before.

He has received a 5-week notice, won't need to work, and will receive the compensation for this period, but will have to find another company willing to apply for an LMIA and visa again and this takes time. (We've gone through Global Talent Stream and we believe it will be the same now.) We are committed to scheduling interviews, so do you think is it possible to get the benefit of EI?

Also, another question, we've received the ITA from the Canadian Experience Class thanks to the 50 points of the job offer. We have everything and were going to submit everything this week. We cannot submit it today, right? Since the termination is dated today... It means we lost this ITA right?

Sorry about so many questions. Hope you can help us.

 

[yoelcosta]

Sorry to hear that. Not sure if you've read about the temporary policy for work permit holders affected by COVID layoffs. I believe this is one good option if you'll manage to find a new employer that is willing to give you an offer.

The aim of this policy is to help work permit holders who were laid off to start working for a new employer or switch jobs while the work permit is being processed. More about this here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html

 

[scylla]

Hey guys,

My husband has been laid off today. I have an open work permit, so I'll be able to work until the end of our permit (May 2021). Unfortunately, he won't.

Considering our country (Brazil) is in a very complicated situation with COVID and the economy, going back now is a very complicated situation for us... almost impossible.
Do you think is it possible to get an open work permit for him too? We were thinking about the "vulnerable" option since this decision came from nowhere. The company stated that his performance wasn't good... but we have the performance evaluation records and they don't show this... actually they didn't even give him a warning before.

He has received a 5-week notice, won't need to work, and will receive the compensation for this period, but will have to find another company willing to apply for an LMIA and visa again and this takes time. (We've gone through Global Talent Stream and we believe it will be the same now.) We are committed to scheduling interviews, so do you think is it possible to get the benefit of EI?

Also, another question, we've received the ITA from the Canadian Experience Class thanks to the 50 points of the job offer. We have everything and were going to submit everything this week. We cannot submit it today, right? Since the termination is dated today... It means we lost this ITA right?

Sorry about so many questions. Hope you can help us.

If he's been laid off then he unfortunately cannot claim 50 points for having a job offer. You should unfortunately decline the ITA.

I am not sure about EI. I think he should qualify but am not certainly

He should continue looking for an employer who is willing to give him a new job and also apply for an approved LMIA. That's the right thing to be doing.

For him to qualify for the vulnerable open work permit, he needs to be able to prove abuse. I don't think you have a very strong case unfortunately. I would recommend that you read through the section labeled "examples of abuse" in the link below. You'll need to be able to prove one of these to be successful in getting an approval.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html#eligibility

 

[mcfsan]

Sorry to hear that. Not sure if you've read about the temporary policy for work permit holders affected by COVID layoffs. I believe this is one good option if you'll manage to find a new employer that is willing to give you an offer.

The aim of this policy is to help work permit holders who were laid off to start working for a new employer or switch jobs while the work permit is being processed. More about this here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html

If he's been laid off then he unfortunately cannot claim 50 points for having a job offer. You should unfortunately decline the ITA.

I am not sure about EI. I think he should qualify but am not certainly

He should continue looking for an employer who is willing to give him a new job and also apply for an approved LMIA. That's the right thing to be doing.

For him to qualify for the vulnerable open work permit, he needs to be able to prove abuse. I don't think you have a very strong case unfortunately. I would recommend that you read through the section labeled "examples of abuse" in the link below. You'll need to be able to prove one of these to be successful in getting an approval.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerable-workers.html#eligibility

Thank you! That helped a lot!

One last question:
For the express entry, ITA, I have 40 days left. Today my job offer was terminated, but if I get a new one before those 40 days, can I apply to send documents from both companies and a letter explaining I had a transition and got the other job offer in time of the ITA expiry date?

 

[scylla]

Thank you! That helped a lot!

One last question:
For the express entry, ITA, I have 40 days left. Today my job offer was terminated, but if I get a new one before those 40 days, can I apply to send documents from both companies and a letter explaining I had a transition and got the other job offer in time of the ITA expiry date?

The new job offer needs to have an approved LMIA along with it to count as a job offer for 50 points.

 

[mcfsan]

The new job offer needs to have an approved LMIA along with it to count as a job offer for 50 points.

I see... and the LMIA will take more time than 40 days :/
Thanks!

 

[scylla]

I see... and the LMIA will take more time than 40 days :/
Thanks!

You have to qualify for the points at the time you receive ITA. I guess you can try with the current job (i.e. the one you no longer have) and then try to swap for another job mid-application.

I'm really not at all confident that's going to work. You already know that you no longer have the original job offer and you haven't submitted the application yet. I'm wondering if there's some chance of a misrepresentation finding if you were to submit now. I don't know. I would recommend you go to the Express Entry section of the forum and ask there. Ideally if your points are high enough you should decline and wait for another draw. That is the best path. Good luck.