+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Inquiry regarding LMIA Job

Prem chandra

Newbie
Dec 31, 2023
1
0
Hello Experts,

I want to let you know that I came to Canada under an LMIA work permit which was for 2 years. However, things did not work out as per the contract, I was fired and I lost my job just after completing a year.
I have a few questions, I request you to help me by sharing your valuable knowlledge
1. Please guide me on possible ways to continue living and working in Canada since i don't want to get back to my home country.
2. am I eligible to claim for the unemployment insurance?
3. can I claim for the open work permit till the valid work permit remains?
4. how does it affect my spouse's status as he is under an open work permit and his status is valid for one more year?
5. how can i change my status as a student or study permit?

Thanking you in advance
 

Naturgrl

VIP Member
Apr 5, 2020
40,907
8,447
Hello Experts,

I want to let you know that I came to Canada under an LMIA work permit which was for 2 years. However, things did not work out as per the contract, I was fired and I lost my job just after completing a year.
I have a few questions, I request you to help me by sharing your valuable knowlledge
1. Please guide me on possible ways to continue living and working in Canada since i don't want to get back to my home country.
2. am I eligible to claim for the unemployment insurance?
3. can I claim for the open work permit till the valid work permit remains?
4. how does it affect my spouse's status as he is under an open work permit and his status is valid for one more year?
5. how can i change my status as a student or study permit?

Thanking you in advance
1. Get a new job offer with LMIA to apply for a closed work permit. Were you given severance pay and/or notice?
2. Maybe. One of the conditions is be readily available to work, and you aren’t unless you have an approved LMIA. You can try.
3. No. See 1.
4. Spouse can work until expiry.
5. You may be eligible to study on your work permit until its expiry. You need to get admission to a school and pay international fees. You cannot work while studying on your closed work permit. And you can only take a program that finishes prior to expiry of your work permit. If you want to work and/or take a longer program past WP expiry, you have to apply for a study permit, pay first year tuition and show a minimum of $26k for two people. For a study permit, you need to show education and career advancement with higher paying job when you return to home country to justify costs.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/workers-study-without-study-permit.html

https://www.canada.ca/en/employment-social-development/services/foreign-workers/protected-rights.html#h2.7
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
53,092
12,816
Hello Experts,

I want to let you know that I came to Canada under an LMIA work permit which was for 2 years. However, things did not work out as per the contract, I was fired and I lost my job just after completing a year.
I have a few questions, I request you to help me by sharing your valuable knowlledge
1. Please guide me on possible ways to continue living and working in Canada since i don't want to get back to my home country.
2. am I eligible to claim for the unemployment insurance?
3. can I claim for the open work permit till the valid work permit remains?
4. how does it affect my spouse's status as he is under an open work permit and his status is valid for one more year?
5. how can i change my status as a student or study permit?

Thanking you in advance
2. You don’t qualify for EI if you are under a closed work permit. To qualify for EI you have to prove that you are actively looking for employment and can start work at any point which would require you to have the ability to be already legally able to work in Canada. If you were on an OWP you would qualify but not on a closed WP.