How to get OPEN work permit from CLOSED work permit??

[mshrinet]

Hello
I am a AINP Ceritificate holder and my application for PR is in process.

But the problem is that my work permit is closed to my company (bridging work permit on basis on AINP certificate). Last week my company started LAY OFF for couple of employees and I am not sure of my employment. I got this closed work permit in April 2014 till April 2016, my basic question is there any way I can get my work permit open (to be on safer side if I got lay off).
Please give Advise !!

Applied for AINP in first week of November 2013
Got AINP: Feb 27, 2014
PR file received: March 20, 2014
Medical Request around: April 22,2014
Medical done: May 1, 2014
Additional document request: June 2, 2014
Submitted additional documents:June 3, 2014
PR in process: September 16, 2014


Basic question is there any way to get my work permit open from closed status??

 

[liisa227]

If you applied for an employment-driven PNP (which I assume you did, because otherwise you should've gotten an open permit) technically your PR application becomes invalid if you're not working for that employer anymore. Your employment in this particular company and position is the basis of your PR eligibility. So if you quit or are laid off, you're supposed to resubmit your new job details to the AINP office, and they will decide if your new work still qualifies for the program. This would certainly delay your entire process by months or, looking at the current processing times, even years.

That said, when you initially filed for PNP, it should have been clear to your employer that kind of "tied" themselves to you by supporting your application and providing the necessary paperwork. So for the sake of keeping with their promise to you as well as the PNP itself, they should seriously consider keeping you until you're through with the process.

As far as the BOWP goes, there's at least one person here on the boards (KurtSebastian I think) who applied and got a BOWP even though their PNP certificate was tied to a specific employer. My understanding is that he wasn't going to switch employers, though, just renew his temporary permit. So technically you can certainly apply for a BOWP, but you're not allowed to actually use it for a different employer. In your case BOWP is not an option, though, because you can only apply for it if you have less than 4 months left of your current work permit, and you still have 1.5 years.

However, based on what people's timelines have been here, you shouldn't be more than a few months away from getting your PR. So maybe you could try talking to your boss/HR manager and explain that your entire immigration process is jeopardized if they lay you off when you're so close to getting through. After getting PR you're free to work wherever you want, in case they do decide to lay off or if you decide to quit on your own.

 

[mshrinet]

Thanks Lisa

Most of my confusion is cleared by your post. I just need to sit tight as I don't have any other way, because the decision of lay off is not done by my manager or HR it is done by higher management so not point of talking.

Lets hope for the best. Although thanks for your advice.