How to change close wp to a BOWP once you quit

[aliennotanymore]

Hi All,

I have a close work permit until Jan 2015 but quit in December 2012 and came back to my country. I couldn't stand living in a very small town in SK, but my employer was very nice.

I'll file for PR under CEC soon. Just gathering all the requested documentation. So, can I apply for a new open work permit now that I'm not working anymore once I submitted my application and received an AOR? I know that one of the requirements is to be in Canada. Do I have to go and apply from there since I have a valid work permit to come back?

Thank you.

 

[seton]

Is your closed work permit still valid? If you quit your job, it may no longer be valid (I don't mean expiry, validity is tied to the conditions on the WP). You need a valid work permit to apply for the BOWP.

 

[shells]

That's what I thought too. Once you quit your job, that closed wp is no longer valid. I used to study in the States (and had a study permit valid for another 2 more years). I was supposed to declare that (or surrender my permit) upon leaving the school (in your case; the company). I declared that I was transferring school when I crossed the border (the US student visa was a sticker, so you can't rip it off just like the Canada ones). The border officer then just drew lines over it and voided it on the spot. I have a strong feeling it's the same case in Canada too. They are supposed to void it coz it's invalid now.

They could find out easily by checking with the CRA for income tax. If you had stayed on in Canada after quitting your job, then you would be considered "overstaying" or illegal.

You may need to apply for a brand new tourist visa to come back. If they find out you are lying, that could spell trouble.

 

[kevin220]

That's what I thought too. Once you quit your job, that closed wp is no longer valid. I used to study in the States (and had a study permit valid for another 2 more years). I was supposed to declare that (or surrender my permit) upon leaving the school (in your case; the company). I declared that I was transferring school when I crossed the border (the US student visa was a sticker, so you can't rip it off just like the Canada ones). The border officer then just drew lines over it and voided it on the spot. I have a strong feeling it's the same case in Canada too. They are supposed to void it coz it's invalid now.

They could find out easily by checking with the CRA for income tax. If you had stayed on in Canada after quitting your job, then you would be considered "overstaying" or illegal.

You may need to apply for a brand new tourist visa to come back. If they find out you are lying, that could spell trouble.

This is wrong.
When a work permit is closed, it is allowing you to work for the employer to which the permit is associated. Work pemit is not forcing you to work for a specific employer. Closed work permit gives you the status and the person can stay till the expiry of the permit.

 

[shells]

This is wrong.
When a work permit is closed, it is allowing you to work for the employer to which the permit is associated. Work pemit is not forcing you to work for a specific employer.

You might want to read this article here.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=165&t=17

Closed work permit gives you the status and the person can stay till the expiry of the permit.

I'm not quite sure on that, because he quit his job before the permit expired. Would it still be valid based on this situation?

 

[shells]

Also, if I remember correctly - if you apply for CEC from inside Canada, then you are best advised to stay within the country within their 13-15 months of processing. Applying for CEC does not guarantee re-entry, which may cause implications (like having to start the process over again). Bottomline, don't travel out of Canada or go back home during this 13-15 months.

 

[kevin220]

You might want to read this article here.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=165&t=17
In the above link, it says that a person is allowed to work only to a specific employer approved by HRSDC to which I agree. But it doesn't mean that he 'must' work for that employer.
I'm not quite sure on that, because he quit his job before the permit expired. Would it still be valid based on this situation?
Yes. It will be valid. I was in a similar situation and wasn't sure about it either. I called up the immigration 'twice' to confirm. But if you go out of Canada and try to re-enter, outcome will depend on officer's discretion.

 

[scylla]

Hi All,

I have a close work permit until Jan 2015 but quit in December 2012 and came back to my country. I couldn't stand living in a very small town in SK, but my employer was very nice.

I'll file for PR under CEC soon. Just gathering all the requested documentation. So, can I apply for a new open work permit now that I'm not working anymore once I submitted my application and received an AOR? I know that one of the requirements is to be in Canada. Do I have to go and apply from there since I have a valid work permit to come back?

Thank you.

You don't qualify for the BOWP. Even once you receive AOR you still won't qualify to apply. One of the conditions is that your work permit has to have four months or less to expiry. Your work permit is valid until 2015. So you don't qualify. See:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp

 

[JBLoknath]

Also, if I remember correctly - if you apply for CEC from inside Canada, then you are best advised to stay within the country within their 13-15 months of processing. Applying for CEC does not guarantee re-entry, which may cause implications (like having to start the process over again). Bottomline, don't travel out of Canada or go back home during this 13-15 months.

This is partially correct.

Staying in or outside Canada has no bearing on your CIC application. However, if you want to re-entry, the border officer must see your

1. Valid Visa
2. WP


As long has you have valid visa, and do not intend to work, you can enter Canada.
Yes, you must convince the border officer on the purpose of your visit.

BTW: What did you mean by "start the process over again"?

 

[shells]

You don't qualify for the BOWP. Even once you receive AOR you still won't qualify to apply. One of the conditions is that your work permit has to have four months or less to expiry. Your work permit is valid until 2015. So you don't qualify. See:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp

Which means you can only apply for BOWP in September 2014, but by then you probably already have gotten your CEC (assuming you are eligible and have everything is in place).

 

[shells]

BTW: What did you mean by "start the process over again"?

I can't remember where I read that from, .. but I might be wrong. There was a discussion on it on Trackitt about leaving Canada while CEC is in process (applies only to inland applicants).

http://www.trackitt.com/usa-discussion-forums/canadian-experience-class/534936095/leaving-canada-while-pr-is-being-processed-advice-please

One common thing I read is, "there's no guarantee of re-entry if you leave the country while CEC is in process", and also there's a chance they will withdraw your application.

I don't know about others, but I for sure don't want to take that risk.

 

[shells]

I got what you are saying, but you kinda got me a little confused for a while. ;D However, just because you don't have to work for that employer (and have the ability to remain in Canada without an income), does not mean you don't have to declare that change. The right thing to do is to apply to CIC to change conditions as soon as he/she quit that job.

http://www.cic.gc.ca/english/work/extend-stay.asp

A nice employer is one thing, doing things the right way is another. And if I'm thinking of moving to Canada permanently, then I better well damn sure I get it right.

 

[jsm0085]

I got what you are saying, but you kinda got me a little confused for a while. ;D However, just because you don't have to work for that employer (and have the ability to remain in Canada without an income), does not mean you don't have to declare that change. The right thing to do is to apply to CIC to change conditions as soon as he/she quit that job.

http://www.cic.gc.ca/english/work/extend-stay.asp

A nice employer is one thing, doing things the right way is another. And if I'm thinking of moving to Canada permanently, then I better well damn sure I get it right.

I think you are confused.

If you have a valid closed work permit and you quit your job, you have the right to stay in Canada for the duration of that work permit, as long as it's not expired. You just can't work for anyone else which may prove to be difficult if you don't have $$$. It's still a valid status and you don't need to change it.

If you apply for CEC, you are free to come and go from Canada... But if you leave, you will need a valid WP/Visa to re-enter.

 

[yahoo7]

I think you are confused.

If you have a valid closed work permit and you quit your job, you have the right to stay in Canada for the duration of that work permit, as long as it's not expired. You just can't work for anyone else which may prove to be difficult if you don't have $$$. It's still a valid status and you don't need to change it.

If you apply for CEC, you are free to come and go from Canada... But if you leave, you will need a valid WP/Visa to re-enter.

I fully agree with jsm0085.

 

[shells]

Sorry.. it was the case like this in the States, so I made wrong assumption about being the same here too. My bad ;D

On the other hand, there should be openness to discuss both wrong or right things in discussion forums. That's what forums are for (otherwise how do you find out you are right or wrong?) It's up to the person involved to verify the accuracy of what is being said with the relevant government agencies if they are confused. I must have made 4-5 phone calls and emails myself to clarify with the authorities on my BOWP application, almost felt like a dummy for a while.