LMIA Employer may close business or go bankruptcy

[peterpeter]

Hi all,

Advice / experience sharing is appreciated.

My wife is currently under LMIA for 1 month, and her employer is highly impacted by COVID 19 and is planning to close business, or even go bankruptcy. A few questions here:

1) is her authorized to stay until closed work permit expires (in year 2022)?
2) if no, how long can she stay in Canada (we stay in BC)?
3) should she apply for the BCPNP now even she only has 1 month working here only?

Thank you.

Regards,
Peter

 

[scylla]

Hi all,

Advice / experience sharing is appreciated.

My wife is currently under LMIA for 1 month, and her employer is highly impacted by COVID 19 and is planning to close business, or even go bankruptcy. A few questions here:

1) is her authorized to stay until closed work permit expires (in year 2022)?
2) if no, how long can she stay in Canada (we stay in BC)?
3) should she apply for the BCPNP now even she only has 1 month working here only?

Thank you.

Regards,
Peter

1) Yes, she can stay until 2022.
2) See above.
3) I believe you need to work for at least 6 months in Canada to qualify under the BC PNP program. However I may be wrong about that.

 

[peterpeter]

Thanks for your reply scylla.

Just want to know how you have the answer for question #1? I searched forum and websites, it normally says if you're terminated / sacked, you're eligible to stay until close work permit expires. However, the websites / threads don't mention obviously that business closes or if employer goes bankruptcy situation. So, can we interpret under whatever "termination" (job performance, business closes down or bankruptcy...etc), all these termination are treated as the same, meaning - can stay until work permit expires?

For #3, we know it'd be in a better position to apply after working for certain months, but due to COVID 19, she doesn't know how long she can find another job which will sponsor her. So, she is thinking to apply now before her employer closes business or bankrupts.


Last but not least, except the payslips, contract, work reference letter, what documents or information we should collect or keep so that we will be in a better position to find another sponsorship or applying to BCPNP?

Thanks x 10000!

 

[canuck78]

Thanks for your reply scylla.

Just want to know how you have the answer for question #1? I searched forum and websites, it normally says if you're terminated / sacked, you're eligible to stay until close work permit expires. However, the websites / threads don't mention obviously that business closes or if employer goes bankruptcy situation. So, can we interpret under whatever "termination" (job performance, business closes down or bankruptcy...etc), all these termination are treated as the same, meaning - can stay until work permit expires?

For #3, we know it'd be in a better position to apply after working for certain months, but due to COVID 19, she doesn't know how long she can find another job which will sponsor her. So, she is thinking to apply now before her employer closes business or bankrupts.


Last but not least, except the payslips, contract, work reference letter, what documents or information we should collect or keep so that we will be in a better position to find another sponsorship or applying to BCPNP?

Thanks x 10000!

Does she actually qualify for BCPNP? Her work in BC won’t count towards BCPNP if she only worked for one month.