What are my options if I lose my job on a closed work permit?
This question has been coming up a lot lately. While it was all too frequent during the pandemic, when many businesses had to close their doors, it seems to have surged again. Losing your job while on a Closed Work Permit can be stressful and confusing. Here’s a comprehensive guide to help you navigate this challenging situation.
Understanding a Closed Work Permit
A Closed Work Permit is employer and occupation specific. It lists the employer’s name and your job title. You can only work for that employer, in that specific position. If you are laid off or the business closes, you find yourself in a difficult situation: inside Canada without the ability to work.
What to Do If You Lose Your Job on a Closed Work Permit
If you lose your job while holding a Closed Work Permit, you can remain in Canada with valid worker status. However, you cannot work for another employer. Since the permit is tied to your specific job, working anywhere else would constitute working without authorization.
So, how do you regain the ability to work for a new employer? Here are your options:
Option One: Have a New Employer Sponsor You
To work for a new employer, you need a new sponsorship. This typically involves obtaining a new Labour Market Impact Assessment (LMIA) or using other LMIA-exempt programs. Here are some pathways:
- Labour Market Impact Assessment (LMIA): Your new employer must apply for an LMIA. This process demonstrates that no Canadian or permanent resident is available to fill the position.
- Francophone Mobility Program: If you speak French, this program allows you to work outside of Quebec without an LMIA.
- Young Professional Work Permit: Part of the International Experience Canada (IEC) program, this permit is for individuals from countries with a bilateral youth mobility arrangement with Canada.
- Other LMIA-exempt Programs: Certain jobs may be exempt from the LMIA process under specific circumstances, such as significant benefit or reciprocal employment agreements.
Option Two: Apply for an Open Work Permit
An Open Work Permit is not employer-specific, allowing you to work for any employer in Canada. However, if you are already in Canada on a Closed Work Permit then you have likely exhausted all options to secure an open work permit. It’s still worth reviewing to ensure you do not miss out on a program you may be eligible for.
Here are some common types of open work permits:
- Working Holiday Permit (International Experience Canada IEC): This permit allows young people from participating countries to work in Canada for 6 months to 2 years.
- Spouse Open Work Permit (SOWP): If your spouse or common-law partner is working in an eligible occupation or studying at a designated learning institution in Canada, you might qualify for this permit.
- Post-Graduate Work Permit (PGWP): This applies to those who have graduated from an eligible designated learning institution in Canada.
Document Checklist & Submission Process for a New Work Permit
Once you have identified the appropriate pathway, you need to gather and submit the necessary documents. Here’s a checklist to help you:
Proof of Job Offer and Employer Information:
- Job offer letter
- Detailed job description
- Employer's contact information
Proof of Qualification and Experience:
- Resume/CV
- Educational certificates and transcripts
- Reference letters from previous employers
LMIA or LMIA-exempt Documentation:
- Copy of the positive LMIA
- OR LMIA exemption code and supporting documents
Personal Identification and Status Documents:
- Valid passport
- Copies of your current work permit
- Proof of status in Canada (if you've had to extend or restore your status)
Application Forms and Fees:
- Completed work permit application form
- Pay the application fee online with a credit card
Once you have all the documents, you can submit your application online through your IRCC secure account.
Timeline and Next Steps After Submitting Your Application
1. Application Forms and Fees:
After submitting your application, you will receive an acknowledgment of receipt from IRCC. In addition, you can download the fee payment receipt. Keep these two documents in a secure place as proof you have applied for a new work permit.
2. Application Processing:
IRCC will review your application for completeness. Processing times vary depending on the type of work permit and your country of origin. For detailed processing times, visit the IRCC processing times page.
The "application type" is "temporary residence (visiting, studying, working)"
3. Decision Notification:
If your application is approved when you are inside Canada, you will be notified by email to check your messages in your IRCC secure account.
Download the letter of approval. If you are inside Canada and applied for a new work permit while inside the country a new work permit will be mailed to the mailing address you provided in your application. If this is the case, it will state clearly in the approval letter that a new work permit has been mailed. Read all correspondence you receive from IRCC carefully.
If your application is refused, IRCC will provide reasons for the refusal. Depending on the reasons for refusal, you may be eligible for a re-submission. Obtain a legal opinion to best understand your options.
4. Preparing for Your New Job:
Once you have your new work permit, you can start preparing for your new job. Ensure all your documents are in order and stay in communication with your new employer regarding your start date. Update Service Canada with your new work permit expiry date, if applicable for your SIN.
Frequently Asked Questions (FAQs)
Yes, but only if you meet the eligibility criteria for specific open work permits, such as the Spouse Open Work Permit or the Post-Graduate Work Permit.
You can remain in Canada as long as your work permit is valid. However, you cannot work for another employer without a new work permit.
If your work permit is about to expire, you should apply for a new work permit before the expiration date. Alternatively, you can apply to change your status to a visitor to remain in Canada legally while exploring other options.
To sum it all up...
Losing your job while on a Closed Work Permit can be a daunting experience.
However, with the right information and guidance, you can navigate this challenge successfully.
If you need professional assistance, don’t hesitate to contact us. We’re here to help you every step of the way in your journey to work and live in Canada.
