Obtaining New Open Work Permit for new CEC application

[Danforth]

I am currently working in Canada. I have been here for almost exactly 1 year.

My employer has just notified me that although I have a 3-year work permit, they may be terminating my contract in January.

Since I'm not at the 2 year threshold, I cannot apply for the work permit, I was waiting until January to apply, since the new rules state only requiring ONE year.

However, with my employer saying they may terminate my contract in January as well, I am unsure how to proceed.

I understand there is now an OPEN work permit for CEC applicants, but there is some hurdle about the application being at some level "approval".

I presume if I submit my application in January and then my contract is terminated immediately thereafter, I may not qualify for this open work permit? Is there a specific amount of time during which the application is in process, but is not eligible for this permit?

It would be a shame to apply and then not be able to work for several months...

On the other hand, my application for the open work permit might be rejected, since my original permit still has two years of validity on it.... and they require "less than 4 months".

Any idea how I might proceed?

I have a car and a lease on an apartment, a roommate, a gym membership, a hockey team... it would be terrible to have to move away for a few months to satisfy a bureaucratic hurdle.

Thanks!

 

[Danforth]

I also have one further question....

I have actually been employed in Canada for 14 months, by the calendar, but I did some travelling in the US and Europe. I presumed I was supposed to subtract my time outside of the country, even if I was still employed by a Canadian company while doing that travel, and travelling on their behalf, is this accurate, or can I include time spent travelling on behalf of a Canadian company toward that experience?

It will actually likely change the exact date on which I am comfortable applying and may affect other things.

Any thoughts or musings are welcome.

 

[Danforth]

My final question is....


If my employment is terminated with years left on my work permit... does the work permit immediately become invalid? Is there a period where it is still valid, and you are simply "unemployed"? I'm unsure how to treat that technicality, since, as I said before, everything I own is here and even if I were leaving, it would take quite a bit of time to sublease a house and sell a car and other goods.

Wow, I didn't realize I had so many questions!

Thanks!

 

[sashali78]

I also have one further question....

I have actually been employed in Canada for 14 months, by the calendar, but I did some travelling in the US and Europe. I presumed I was supposed to subtract my time outside of the country, even if I was still employed by a Canadian company while doing that travel, and travelling on their behalf, is this accurate, or can I include time spent travelling on behalf of a Canadian company toward that experience?

It will actually likely change the exact date on which I am comfortable applying and may affect other things.

Any thoughts or musings are welcome.

Officially, all your paid vacation and time travelled on behalf of your work should be counted towards your employment experience. There is nothing in the rules or operational manuals to say otherwise. However, if you did some extensive travel it is advised to submit affidavit explaining the situation and providing salary slips for the whole period which can prove you were salaried full time during your travels. I am in the same situation, with over 100 days travel in a 2 year period and that's what i did. Are there any hidden rules or procedures which will make the application stall? I guess i will know soon enough...Good part is that with rules changing to 1 year employment period it may be god enough anyways.

 

[sashali78]

My final question is....


If my employment is terminated with years left on my work permit... does the work permit immediately become invalid? Is there a period where it is still valid, and you are simply "unemployed"? I'm unsure how to treat that technicality, since, as I said before, everything I own is here and even if I were leaving, it would take quite a bit of time to sublease a house and sell a car and other goods.

Wow, I didn't realize I had so many questions!

Thanks!

Even if your work permit is terminated it remains valid and you have full rights to stay in Canada until its expiry date , as well , you may be eligible to claim unemployment - you will need to check the unemployment collection criteria. However, if it is a closed work permit, and it is not near its end you will not be able to change it to open work permit and applying for one may make your current WP not valid. I would suggest you consult immigration consultant regarding your options of CEC application.

 

[sashali78]

I am currently working in Canada. I have been here for almost exactly 1 year.

My employer has just notified me that although I have a 3-year work permit, they may be terminating my contract in January.

Since I'm not at the 2 year threshold, I cannot apply for the work permit, I was waiting until January to apply, since the new rules state only requiring ONE year.

However, with my employer saying they may terminate my contract in January as well, I am unsure how to proceed.

I understand there is now an OPEN work permit for CEC applicants, but there is some hurdle about the application being at some level "approval".

I presume if I submit my application in January and then my contract is terminated immediately thereafter, I may not qualify for this open work permit? Is there a specific amount of time during which the application is in process, but is not eligible for this permit?

It would be a shame to apply and then not be able to work for several months...

On the other hand, my application for the open work permit might be rejected, since my original permit still has two years of validity on it.... and they require "less than 4 months".

Any idea how I might proceed?

I have a car and a lease on an apartment, a roommate, a gym membership, a hockey team... it would be terrible to have to move away for a few months to satisfy a bureaucratic hurdle.

Thanks!

You may apply to CEC in January regardless of your status in Canada as long as you earned 1 year of employment and you should do it as soon as possible. Once you receive your AOR you can use it to apply for open work permit once you left less than 4 months on your current WP. What I would suggest is that you search for new employer who can apply LMO and new WP for you and would not try to change any condition with your current WP. As long as your WP is valid your status in Canada is unchanged and you may even collect unemployment during the time you don't work.