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Help with SCLPC and OWP Pilot Program and Implied Status Rights

JenFromBC

Member
Jan 10, 2015
16
0
Hello,
I have done extensive reading through this forum and gained so much information- I hope you guys realize how valuable the information and help you provide is to people like me who are trying to navigate this process. I have searched for answers to my questions already, but I have a few that are specific to our circumstances that I'm hoping to get some help with.

Our Situation:
My husband is from New Zealand, and he is in Canada on a work permit that expires on March 6th, 2015. My husband's current work permit is employer-specific, and required a LMO. He has worked here for 10 years with the same company, and they have always handled his work permit renewals. Because of this (and we take full responsibility for our ignorance, and are now just trying to rectify the situation as quickly as we can), we didn't realize that he would not be able to extend his work permit again. We were contacted by his HR department just before Christmas. We have been gathering everything for his PR application since we were married 1.5 yrs ago in Canada, and the application will be ready to be sent by Monday. Thankfully the OWP Pilot Program was announced, so we will be applying for both simultaneously.
My husband's company has just been bought by a large corporation and they are looking to cut the workforce in our town. We received an email yesterday stating that we need to have his new work permit by March 6th, or they expect his letter of resignation. I have researched implied status, and we are pretty sure his boss will advocate to keep him. I am 6 months pregnant with a difficult pregnancy, so this process has been rough, and now with the possibility of him losing his job, our stress level is very high.

Our Plan:
We are applying for his PR under the SCLPC (Inland) class, with me as his sponsor. We are applying simultaneously for an Open Work Permit through the new pilot program.

Our Questions:
Open Work Permit:
-From my reading on the forum, I thought we would need to fill out IMM 5710 Application to Change Conditions or Extend Your Stay in Canada as a Worker, but is he not eligible for an extension because he has already worked in Canada for more than 4 years? The only other Open Work Permit application I can find is Application for Work Permit Made Outside Canada IMM 1295.
-Is the Client ID on his work permit the same Client ID he will have throughout his PR application?
-In the Remarks section of his work permit, it says Temporary Resident Status maintained as per R 183(6). I looked it up, and it says that he will have implied status as long as he applies to extend his permit. From what I've read, he is protected under the law through the regulations in the Immigration and Refugee Protection Regulations. However, I need to know if we need to apply for an extension or new OWP before I can confirm with the wording. I feel like he is being bullied by the corporation and I need to know our rights.

Thank you for reading all of this, I'm very much looking forward to your help.
Jen
 

Ponga

VIP Member
Oct 22, 2013
10,154
1,337
Job Offer........
Pre-Assessed..
Hi Jen,

I only have a few minutes (literally), but I will get the ball rolling for you here:

If you submit your Inland application and OWP (which IS form IMM5710 by the way), before your husband's work permit expires, he will indeed have implied status. If his current work permit is not an IEC/CEC or PGWP he will likely* be able to continue working even before the OWP arrives, thanks to the implied status.

[* depending on the details of his current WP]

Wish I had more time, but I'm sure there will be others to help you ASAP!


Good luck!
 

JenFromBC

Member
Jan 10, 2015
16
0
Thanks so much Ponga, I'll look into the details of his work permit and start on the IMM 5710 form and be back with any questions!
 

JenFromBC

Member
Jan 10, 2015
16
0
Questions:
On Form IMM 5710, question 3, it asks what type of work permit he is applying for.

An extension of a work permit with the same employer
A work permit with a new employer
Restoration of your status as a worker
An initial or an extension of a temporary resident permit

He will continue working for the same employer, and I have his job offer letter to send with the application, but technically I didn't think he was eligible for an 'extension' of his work permit with the same employer, as he has worked longer than 4 years in Canada. This application will be for an Open Work permit, which I checked off in another part of the form, but what should I put here? Restoration of his status as a worker?

Duration of expected employment- He started at this job over ten years ago, should I put his start date? What about the end date (hopefully not for a long time!)? I realize there is no star beside this question, so should I put anything at all?

Thank you!
 

JenFromBC

Member
Jan 10, 2015
16
0
Another question:

Technically my husband has worked in the same position for the same company for 10 years. However, that company has been taken over by a different company twice since then. Should I list the three different company names in his Employment History?