ukhrconsultantincanada

Hi All,
If someone can help with answering these three tough questions.

1)I am currently working as a Contractor at a Corporate Recruiter, and I am married (and my wife works) I am waiting on getting my LMO currently and WP following this. Currently both me and my wife are on Assumed status, after my initial 1 yrs TWP (via Bunac) runout. What is the situation if I lose my job in December before the LMO/WP comes through, does my wife have to quit hers? (Her government company wont sponsor her in her HR Admin role)?

2) If I get my LMO & WP before I lose my job, and my wife has an OPEN WP Linked to my WP, which is linked to my company, has anyone a defined answer to whether she can continue to work and for how long? while I apply for other new positions in companies that will sponsor my new LMO & WP. If I can get a clear defined answer on this that would be great.

3) As I am currently on Assumed status waiting on my LMO/WP, If I find out I am losing my job, can I file for changed status if I land a new job, while they apply for an LMO? so I can continue to work, hence earn money to live?


Thanks for everyone's help on these tough and technical questions. I have found it really hard to find good sensible answers.

Paul Wildy

I'm a bit confused here. What do you mean a Contractor? Are you actually employed by this company? So you both have TWPs via BUNAC?

If she is going to apply for a spousal opne work permit on the back of you having a work permit in a skilled occupation then I dont think she can carry on working under Implied Status for the same employer - for Implied Status she must have actually made an application for her own work permit to work for the same employer.

If you get your work permit and LMO then she qualifies for the spousal open work permit but I dont think she should be working at the moment if her current work permit has expired and she hasnt applied for a new one. But maybe I have misunderstood the situation here.

It seems as though in order for her to apply for an Open Work permit based on the fact that you have are a temporary work permit and are working in a skilled occupation the following CIC policy would apply:

Eligibility requirements of the principal foreign worker which allow the spouse to qualify for a work permit are as follows:
• The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0 , A or B.

Note that is says "doing work". So if you have a work permit but werent actually working this wouldn't seem to meet the requirement.

But if she already has an open work permit issued rarther than needing to apply for one I'm not necessarily sure that it would be taken away.

I presume you mean Implied Status. If you have submitted an application to extend your employment with the same employer you have implied status (but you have to have already applied). But the answer to the above is No - for a new employer there is no implied status while they file for LMO etc.

This is from the relevent CIC Operational Bulletin...

TFWs who have applied to extend a WP with the same employer have implied status from the date the application is received at CPC-V and can continue to work at their existing place of employment as long as they remain in Canada.

TFWs who have applied for a WP with a new employer, however, are not able to work for the new employer until they receive their work permit.

ukhrconsultantincanada

Hi Paul, Thanks for the response. Lets hope we can really go down the 2nd questions route.

If anyone has any actual experience of this senerio happening then I would like to hear and understand more about it.

Thanks again