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Quick question re leaving job on TWP

Quick question re leaving job on TWP

Old Feb 6th 2012, 12:42 pm
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Default Quick question re leaving job on TWP

Hi all

Does anyone know how long you can remain in Canada if you leave your job on a TWP? I am thinking is is about 30 days?

Thanks
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Old Feb 6th 2012, 12:55 pm
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Default Re: Quick question re leaving job on TWP

There is no official time as once you leave your job then the TWP is void.
Obviously a 30 day time frame is acceptable to allow a person to get their affairs in order, pack up belongings, arrange transportation to leave the country.
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Old Feb 6th 2012, 12:56 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Boris-canadabound
Hi all

Does anyone know how long you can remain in Canada if you leave your job on a TWP? I am thinking is is about 30 days?

Thanks
I heard that if the company lays you off, the TWP turns into a visitor visa and is valid until when the TWP would have run out.

Not sure about how it is the other way around.
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Old Feb 6th 2012, 1:07 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by wolstie
I heard that if the company lays you off, the TWP turns into a visitor visa and is valid until when the TWP would have run out.

Not sure about how it is the other way around.
Not true at all. If a person leaves the job or is laid off then the TWP is void. It does not turn into a Visitor Record. Person must leave the country asap.
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Old Feb 6th 2012, 1:38 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
Not true at all. If a person leaves the job or is laid off then the TWP is void. It does not turn into a Visitor Record. Person must leave the country asap.
Hmmm, that's very odd. My understanding was the same as Wolstie's. That you can stay until the end of the TWP, but just not work.
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Old Feb 6th 2012, 1:46 pm
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Default Re: Quick question re leaving job on TWP

My understanding would be the person entered on a TWP valid for a specified amount of time.
If the TWP was issued for 3 years and lets say after 1 year they lost their job I dont think it is the intention for them to remain in Canada for another 2years not working or studying.
I could be wrong but that is my rationale.
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Old Feb 6th 2012, 1:48 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
My understanding would be the person entered on a TWP valid for a specified amount of time.
If the TWP was issued for 3 years and lets say after 1 year they lost their job I dont think it is the intention for them to remain in Canada for another 2years not working or studying.
I could be wrong but that is my rationale.
I understand your rationale, but it's not my understanding of the rules. Mine is that the person on a TWP can stay until the end of the TWP, but cannot work at all.

In a similar way, if they have a spouse on a SOWP, the spouse can keep working on their SOWP even though the TWP holder (who originally got them the SOWP!) has lost their job.

I'm just dashing out but I'll have a hunt through my manuals later and see if I can find the relevant legislation so we can figure this out.

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Old Feb 6th 2012, 2:14 pm
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Default Re: Quick question re leaving job on TWP

I agree on the SOWP scenario as they are accompanying a family member who have been issued their own work permit so it has no real effect as family members can also accompany even when not eligible for a SOWP.

If it is just an individual then they are admitted based on the TWP.
General conditions are imposed on all temporary residents (including workers) by operation of R183. Individual conditions may be imposed by an officer under R185 as follows:
 a period of stay, or validity period of the work permit must be imposed;

I dont even think Implied Status is relevant as they are not seeking an extension of the TWP as they have quit or lost their job.
As a visitor they would still have to meet the requirements and I believe this is where sec 39 of IRPA may come into play. This scenario would be dealt with by Inland Enforcement and not POE officers unless the person left Canada and then tried to re enter.
It does pose an interesting legality though.


Obligation — temporary resident

(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.
Seeing as they entered on a TWP and it is now void I think this is where I come from. I cant find anything as yet where it specifically states that a TWP reverts to Visitor Status when a person leaves or loses their job.


Temporary resident

47. A foreign national loses temporary resident status

(a) at the end of the period for which they are authorized to remain in Canada;

(b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or

(c) on cancellation of their temporary resident permit.

Last edited by Former Lancastrian; Feb 6th 2012 at 3:05 pm. Reason: More info
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Old Feb 6th 2012, 2:21 pm
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Default Re: Quick question re leaving job on TWP

Thanks - this is interesting.
What about constructive dismissal? It seems to me that some employers think they can make unreasonable demands knowing that the employee on a TWP can't just resign without a big upheaval.
I guess that would be the same as the employee leaving, unless they are prepared to go to court.

So, it sounds like the person on the SOWP could keep working to tide things over while the other tried to find another job/sponsor.

Last edited by Boris-canadabound; Feb 6th 2012 at 2:31 pm.
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Old Feb 6th 2012, 2:28 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Boris-canadabound
Thanks - this is interesting.
What about constructive dismissal?
I believe it would be the same as you are no longer working under the authority of the TWP that was issued.
The big question is would CBSA/CIC even know and as pointed out this would be dealt with by Inland Enforcement.
It does cause problems when looking for another job as you would not have authority to work if asked.
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Old Feb 6th 2012, 2:34 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
I believe it would be the same as you are no longer working under the authority of the TWP that was issued.
The big question is would CBSA/CIC even know and as pointed out this would be dealt with by Inland Enforcement.
It does cause problems when looking for another job as you would not have authority to work if asked.
Oh of course - what I meant was, to find another job where the employer would be prepared to obtain an LMO etc - the problem is that as these are taking up to three or four months which could be awkward.
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Old Feb 6th 2012, 2:38 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
My understanding would be the person entered on a TWP valid for a specified amount of time.
If the TWP was issued for 3 years and lets say after 1 year they lost their job I dont think it is the intention for them to remain in Canada for another 2years not working or studying.
I could be wrong but that is my rationale.
I totally get where you are coming from, but it seems unreasonable to expect someone who's been here a while on a TWP to be able to cut all ties in a short timeframe (sell car, possessions, arrange shipping etc) and leave the country immediately.
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Old Feb 6th 2012, 2:44 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Boris-canadabound
Hi all

Does anyone know how long you can remain in Canada if you leave your job on a TWP? I am thinking is is about 30 days?

Thanks
You can remain until the TWP would have otherwise expired is my understanding.

But if you want to work you will need a new LMO / TWP etc.

And leaving and then attempting to re-enter based on the TWP for a job that no longer is there would be a risk.

Last edited by iaink; Feb 6th 2012 at 2:47 pm.
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Old Feb 6th 2012, 2:47 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
I could be wrong but that is my rationale.
You could be
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Old Feb 6th 2012, 2:48 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by wolstie
I totally get where you are coming from, but it seems unreasonable to expect someone who's been here a while on a TWP to be able to cut all ties in a short timeframe (sell car, possessions, arrange shipping etc) and leave the country immediately.
I also hear where you are coming from but who determines what is an acceptable time frame. Im not suggesting that 30 days is reasonable especially to those who have purchased property etc but the person will be expected to leave at some stage as they no longer have status in Canada.
I guess at the end of the day the IRB could become involved to determine if the person is deemed to be in contravention of the Act or Regulations.
Its not something we come across on a daily basis and Inland Enforcement would be making a case to answer or not.
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