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Change in work situation, which will affect permit just before I give birth!

Change in work situation, which will affect permit just before I give birth!

Old Sep 10th 2012, 7:50 am
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Default Change in work situation, which will affect permit just before I give birth!

This is a pretty complicated situation and we’re going to book in with an immigration lawyer to get some advice but, wondered if any of you guys knew much about it too:

My husband and I are in Ontario on three-year temporary work permits. His is tied to his job, I have a spousal temporary work visa through him. They both still have another year left on them.

We found out today that he will lose his job on October 22. And I’m due to give birth on November 6. NIGHTMARE!

I think our options are:
a) For him to get another job and submit an LMO
b) To apply for experience class residency as we’ve now been here three years and hope we get implied status
c) To apply for a visitor’s visa which I believe will last 90 days…

But, he thinks that if we don’t do any of those things, that after his last day at work, we will have 30 days to leave the country. Staying those 30 days would mean I could give birth in Ontario, which I really want to do. I do not want to go back to England so close to giving birth. Does anyone know whether we would still have OHIP during those 30 days? I don’t think we’d have it under implied status, but if we didn’t apply for a new visa and just stayed those extra 30 days – and maybe applied for a new visa just before the end – would we get health coverage for the 30 days?

Thanks for any knowledge any of you may have!
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Old Sep 10th 2012, 8:19 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

You are allowed to stay in Canada until the day the work permit expires working or not.
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Old Sep 10th 2012, 8:47 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

Isn't it also really bad to travel in your last trimester too? I would imagine the immigration lawyer will be able to help you out
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Old Sep 11th 2012, 1:14 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

Thanks guys. My husband's work permit is a closed permit, so tied to his job. That means he can't stay in Canada if he's not in that job - we'll have to find another way. My main concern is the OHIP coverage though, and keeping that. Thanks for all your advice anyway.
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Old Sep 11th 2012, 1:23 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

Originally Posted by worldfairy
Thanks guys. My husband's work permit is a closed permit, so tied to his job. That means he can't stay in Canada if he's not in that job - we'll have to find another way. My main concern is the OHIP coverage though, and keeping that. Thanks for all your advice anyway.
Not quite true.
Invalidity

209. A work permit becomes invalid when it expires or when a removal order that is made against the permit holder becomes enforceable.

Obligation — temporary resident A29(2) IRPA

(2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay and may re-enter Canada only if their authorization provides for re-entry.

If the work permit is still valid but OH is not working then he can still stay in Canada until the TWP expires.
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Old Sep 11th 2012, 1:28 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

Basically - once he stops working for that employer, the "tied WP" turns into a visitor visa, until the expiry date stated on it.

What are the chances of him finding another job sharpish?
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Old Sep 11th 2012, 2:19 am
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Default Re: Change in work situation, which will affect permit just before I give birth!

Thanks guys! Well he's looking and he's very good at what he does so fingers crossed. My big worry was the OHIP - I don't want to flee to England two weeks before my due date to give birth then not be able to get back in to Canada. But after a couple of phone calls it seems our OHIP coverage will be fine, so big worry over. And baby will be Canadian so will get coverage anyway, regardless of our statuses.

Last edited by worldfairy; Sep 11th 2012 at 2:20 am. Reason: spelling mistake
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