Need help in understanding the LAW to stay here during covid as my employer is forcing me to travel to INDIA and resign

[Sudhirme]

Hi,

I came to Canada on closed work permit on July 15 2019 with my family under visitor visa. I was sent on deputation to canada. My workpermit expires on Jan 31st 2021.
The problem is that due to pandamic , HR said that i need to go to INDIA and resign company by myself. But i have already given my IELTS and ready to file PR and was only waiting to get my experience letter which i might get if they keep me till July end in canada.

Please let me know is there any way i can say reason to my employer to not travel when they force me to . I do not wish to travel since i have my family here and dont want to risk the life by travelling.

 

[PMM]

Hi

Hi,

I came to Canada on closed work permit on July 15 2019 with my family under visitor visa. I was sent on deputation to canada. My workpermit expires on Jan 31st 2021.
The problem is that due to pandamic , HR said that i need to go to INDIA and resign company by myself. But i have already given my IELTS and ready to file PR and was only waiting to get my experience letter which i might get if they keep me till July end in canada.

Please let me know is there any way i can say reason to my employer to not travel when they force me to . I do not wish to travel since i have my family here and dont want to risk the life by travelling.

1. No one can force you to travel. The employer may fire you and they may not give you an experience letter, but they can't force to travel to India, just so you can resign.

 

[Sudhirme]

Hi



1. No one can force you to travel. The employer may fire you and they may not give you an experience letter, but they can't force to travel to India, just so you can resign.

Thank you for prompt response. But in a India hire and came to Canada . They were saying since I'm a India hire I need to come to India and resign. Can you please let me is there any law which can save me from going back to India
Also they said that once my deputation is cancelled they will inform canada immigration and my work visa Wil be invalid.
Can you let me know if I can stay in Canada even if my closed permit is cancelled

 

[scylla]

Thank you for prompt response. But in a India hire and came to Canada . They were saying since I'm a India hire I need to come to India and resign. Can you please let me is there any law which can save me from going back to India
Also they said that once my deputation is cancelled they will inform canada immigration and my work visa Wil be invalid.
Can you let me know if I can stay in Canada even if my closed permit is cancelled

There is no Canadian law forcing you to leave.

They cannot cancel your work permit. You can remain in Canada as long as your work permit is valid.

 

[Sudhirme]

There is no Canadian law forcing you to leave.

They cannot cancel your work permit. You can remain in Canada as long as your work permit is valid.

Thank you.This relieved me a bit.

 

[Sudhirme]

Will it be possible to resign from here even if I'm on closed work permit(intra company transfer). And after resigining will the closed wp still be valid till expiry

 

[scylla]

Will it be possible to resign from here even if I'm on closed work permit(intra company transfer). And after resigining will the closed wp still be valid till expiry

From Canada's perspective you can certainly resign from here. The work permit will still be valid and you will be able to remain in Canada (of course you won't be able to work for any other employer).

 

[Sudhirme]

Thank you .I was being told that I would be able to resign only if I was on open work permit. It's fine I won't be able to work for other company till I get my PR. Thanks for confirming I resign and stay even if I'm on closed workpermit

 

[Sudhirme]

I spoke to my employer again and they said that once the the job is terminated they will inform the immigration team and my wp will be voided and said it will be illegal to stay in Canada afterwards...can you please let me know where can I get the govt policy saying I can stay even if I lose my job..if I get that I can show my employer that legally I can be here.

I searched cic website but can't find it

 

[jeet patel]

I spoke to my employer again and they said that once the the job is terminated they will inform the immigration team and my wp will be voided and said it will be illegal to stay in Canada afterwards...can you please let me know where can I get the govt policy saying I can stay even if I lose my job..if I get that I can show my employer that legally I can be here.

I searched cic website but can't find it

If you had contract with your employer stating the duration, you can reason with your employer to let you stay for one month extra and then fire you. so even if your work permit is terminated, you might be able to stay in Canada under "Applicant" status for PR.

In general circumstances, you might not have much options but due to Covid-19 they might make an exception.

 

[Bs65]

I spoke to my employer again and they said that once the the job is terminated they will inform the immigration team and my wp will be voided and said it will be illegal to stay in Canada afterwards...can you please let me know where can I get the govt policy saying I can stay even if I lose my job..if I get that I can show my employer that legally I can be here.

I searched cic website but can't find it

As above there is no law that says you must leave Canada whilst your permit is still valid even if your job has been terminated. Sure your employer can report your termination but believe that is simply admin in case you try to start working for another employer on the closed permit which would be illegal. In fact probably advisable to not leave once you have been terminated whilst you have a PR application in process given you might have an issue coming back in with no job behind the work permit.

If you get to the stage where the permit is about to expire and either by then you have no new permit/ employer or PR then flip to visitor status.

Above my personal view anyway but if in doubt contact an immigration lawyer

 

[Lazymon82]

NEVER RESIGN !

Ask your employer to lay you off. They cannot fire you for no reason.

IF YOU RESIGN you will not be eligible for covid or EI benefits as far as i know. So politely ask your employer to lay you off and update Record of Employment. Once they do that you can claim CERB benefits until dec and then claim EI benefits until your WP expires.

But since you have not completed 18months in canada i do not think you will be eligible for EI benefits (check with your employer)

 

[Copingwithlife]

NEVER RESIGN !

Ask your employer to lay you off. They cannot fire you for no reason.

IF YOU RESIGN you will not be eligible for covid or EI benefits as far as i know. So politely ask your employer to lay you off and update Record of Employment. Once they do that you can claim CERB benefits until dec and then claim EI benefits until your WP expires.

But since you have not completed 18months in canada i do not think you will be eligible for EI benefits (check with your employer)

What are you going on about ? They can only claim CERB if they lost their job because of covid . Early cancellation of a work contract is not reason to apply for CERB

 

[canuck78]

If you had contract with your employer stating the duration, you can reason with your employer to let you stay for one month extra and then fire you. so even if your work permit is terminated, you might be able to stay in Canada under "Applicant" status for PR.

In general circumstances, you might not have much options but due to Covid-19 they might make an exception.

If the company and individual is no longer worker you can’t just ask your employer to let you stay on for another month. If nobody is working, nobody is working. He should get a ROE with the date he was laid off. It does sound lIke he qualifies for EI.

 

[canuck78]

Do you qualify for PR without a job letter from your employer saying you will be working for another year? What about your spouse? It sounds like she is on TRV. when is the expiry date for TRV?