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Open work permit for 8 months: What if I get a 12 month job offer?

michelb86

Member
Apr 16, 2016
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My situation is as follows:

I currently have an open work permit until September. I arrived with my common-law partner, she has a working contract until September as well, but it will be renewed after that.
Currently I am looking for a job, but what if I find one? Can they give me a one-year contract or do I have to get a contract until September? And if they give me a contract for a longer period, should I extend my open work permit or change it to a closed work permit?

Thanks!
 

canuck_in_uk

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May 4, 2012
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I doubt any company will give you a contract extending beyond your permit validity.

You can't extend an OWP on the basis of a contract.

In order to get a closed work permit, the employer would first need to apply for and receive an LMIA. Given the strict requirements, $1000 cost and months of processing time, very few employers are willing to go through this process.

How were you issued your current OWP? Is it on the basis of being a partner of a skilled worker?
 

michelb86

Member
Apr 16, 2016
11
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canuck_in_uk said:
I doubt any company will give you a contract extending beyond your permit validity.

You can't extend an OWP on the basis of a contract.

In order to get a closed work permit, the employer would first need to apply for and receive an LMIA. Given the strict requirements, $1000 cost and months of processing time, very few employers are willing to go through this process.

How were you issued your current OWP? Is it on the basis of being a partner of a skilled worker?
Thanks.
I'm here with my common-law partner. She has a one year ckntract that will be extended after that year (but no guarantee on paper of that).
What are the options on finding a job? Because what you said doesn't sound like a bright future for me regarding work here..
And how many employers are willing to go for the LMIA?
 

canuck_in_uk

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May 4, 2012
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michelb86 said:
Thanks.
I'm here with my common-law partner. She has a one year ckntract that will be extended after that year (but no guarantee on paper of that).
What are the options on finding a job? Because what you said doesn't sound like a bright future for me regarding work here..
And how many employers are willing to go for the LMIA?
On what basis was your partner issued a work permit and was your permit issued based on hers?

Very few employers are willing to go for LMIAs. Have a look at the process and you'll see why.
 

samanta60

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Sep 7, 2016
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michelb86 said:
Thanks.
I'm here with my common-law partner. She has a one year ckntract that will be extended after that year (but no guarantee on paper of that).
What are the options on finding a job? Because what you said doesn't sound like a bright future for me regarding work here..
And how many employers are willing to go for the LMIA?

If your open work permit is based on your partner's work permit, then when she extends her work permit you can apply for another open work permit at the same time too.
 

michelb86

Member
Apr 16, 2016
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samanta60 said:
If your open work permit is based on your partner's work permit, then when she extends her work permit you can apply for another open work permit at the same time too.
But what if I fill find a job in December 2016 and get a contract until next December, but her contract will not be renewed until May 2017?
Can I just sign the contract, and renew my OWP in May as well? And is the company allowed to give me a contract until December or do they have to give me a contract until September (when the visa ends) and then renew my contract?
 

Bs65

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Mar 22, 2016
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As per Canuck post unlikely once a company realises you can only commit to September they would issue a 12 month contract. All I guess you can do is be honest with any company that your partner hopes to extend and if so that is your intention as well.

Personally and others may disagree , do not see this is about whether a company is allowed to issue you with a 12 month contract as the onus is really on you to maintain legal status but as said once they realise September is the end thats possible all you may get. You will have to take your chances that you get an extended OWP which may not always be guaranteed and any company wants to keep you on.

This scenario unfortunately is one of the less attractive things about being an accompanying partner in that you are really just along for the experience being reliant totally on the primary permit holders status.
 

michelb86

Member
Apr 16, 2016
11
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Bs65 said:
As per Canuck post unlikely once a company realises you can only commit to September they would issue a 12 month contract. All I guess you can do is be honest with any company that your partner hopes to extend and if so that is your intention as well.

Personally and others may disagree , do not see this is about whether a company is allowed to issue you with a 12 month contract as the onus is really on you to maintain legal status but as said once they realise September is the end thats possible all you may get. You will have to take your chances that you get an extended OWP which may not always be guaranteed and any company wants to keep you on.

This scenario unfortunately is one of the less attractive things about being an accompanying partner in that you are really just along for the experience being reliant totally on the primary permit holders status.
For me, a contract until September would be fine, and than extend that contract once my girlfriends contract is renewed. But is a company willing to do so or do I have a huge disadvantage over other candidates? This is what is sounds like...

It is is not keeping legal status to me, her contract wil be renewed 99% sure in 2017. It is my attractiveness to employers that worries me.