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Quick question re leaving job on TWP

Quick question re leaving job on TWP

Old Feb 6th 2012, 2:50 pm
  #16  
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Default Re: Quick question re leaving job on TWP

Originally Posted by iaink
You could be
It wouldnt be the first or last time
Might be interesting to see if any legal background posters will put in their observations/comments.
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Old Feb 6th 2012, 5:35 pm
  #17  
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Default Re: Quick question re leaving job on TWP

Originally Posted by christmasoompa

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.

This interests me, my hubby is deeply unhappy at his job and was sticking it out until we get PR. I have SOWP and we had thought that we would both lose eligibility if he lost TWP status.
Now there may be light at the end of the tunnel.....

does anyone have any links or info regarding this? we would want to be absolutely rock sure about any decisions we made.
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Old Feb 6th 2012, 5:35 pm
  #18  
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
(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.
No, it doesn't revert to visitor status - but it doesn't become void either. That's what I'm trying to say (albeit in a not terribly clear way!), that once a TWP holder loses their job, their TWP doesn't become invalid (there is no condition on a TWP that you *must* work). So they can just stay until the end of it, and would only need to seek a new LMO/TWP if they wanted to work for anybody else. That's how some trades manage i.e. they go over, work for a few months then get laid off for a bit whilst it's quiet, but then can start working again for the same employer once things pick up.

There is nothing to say that a TWP become void if the person on it isn't working in the job it's for, consequently it's a bit of a loophole but the person holding the TWP can stay in Canada until it expires.

I think the below is the important bit, it's not saying that they lose temporary resident status if they don't work on a TWP, but it's just saying that they lose it when the TWP expires.

Originally Posted by Former Lancastrian
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;
That's always been my take on it anyway.

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Old Feb 6th 2012, 6:27 pm
  #19  
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Default Re: Quick question re leaving job on TWP

Hi


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.
I think you should re-think your answer. A work permit is just visitor record with permission to work. There is nothing in the Act or Regulations that say you have to leave Canada once you quit/get fired/laid off. You can remain until the work permit expires.
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Old Feb 6th 2012, 7:22 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by PMM
Hi




I think you should re-think your answer. A work permit is just visitor record with permission to work. There is nothing in the Act or Regulations that say you have to leave Canada once you quit/get fired/laid off. You can remain until the work permit expires.
I agree that answer could have been worded slightly better however Id be interested to see if there is any jurisprudence as R183 & R185 tend to suggest that these conditions need to be met and this part is interesting


(a) the temporary resident's means of support in Canada;

I again go back to the 3 year work permit being issued and after 1 year work ceases was it the intent of the Act or Regulations to allow that person to remain in Canada for another 2 years as the TWP would still be valid?
We could argue that without sufficient funds they cannot support themselves.
I also realise they are not seeking entry so A39 might not be applicable.
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Old Feb 6th 2012, 7:37 pm
  #21  
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Default Re: Quick question re leaving job on TWP

Originally Posted by heading-west
This interests me, my hubby is deeply unhappy at his job and was sticking it out until we get PR. I have SOWP and we had thought that we would both lose eligibility if he lost TWP status.
Now there may be light at the end of the tunnel.....

does anyone have any links or info regarding this? we would want to be absolutely rock sure about any decisions we made.
That's the same for us - it was pretty good for the first few months but now that things are for various reasons not so great, he is trying to stick it out but it is very hard going - especially as we probably won't even get the PR for another year or so due to the backlog.
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Old Feb 6th 2012, 11:56 pm
  #22  
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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.
Not true, unless the rules have changed again since 2009. I was laid off in 2008 when the Canadian site of the company was closed. I applied for EI and was told by Service Canada that I could remain in Canada and look for work until my current TWP expired (June 2010). I survived on EI and savings until I found a new employer, got a new LMO and TWP after 11 months.

I think the deciding factor is how you became unemployed. If its intentional on your part, then yes, you should leave Canada. If its through no fault of your own you get a reprieve of sorts.
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Old Feb 7th 2012, 1:39 am
  #23  
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Default Re: Quick question re leaving job on TWP

Hi


Originally Posted by JGK
Not true, unless the rules have changed again since 2009. I was laid off in 2008 when the Canadian site of the company was closed. I applied for EI and was told by Service Canada that I could remain in Canada and look for work until my current TWP expired (June 2010). I survived on EI and savings until I found a new employer, got a new LMO and TWP after 11 months.

I think the deciding factor is how you became unemployed. If its intentional on your part, then yes, you should leave Canada. If its through no fault of your own you get a reprieve of sorts.

Until FL can quote the section of the Act/Regs or in a section in the Foreign Workers Manual http://www.cic.gc.ca/english/resourc...s/fw/index.asp that says otherwise, I am going with my statement, that you can remain until the work permit expires.

Here is what the Regulations state:

Issuance of Work Permits
Work permits

200. (1) Subject to subsections (2) and (3) — and, in respect of a foreign national who makes an application for a work permit before entering Canada, subject to section 87.3 of the Act — an officer shall issue a work permit to a foreign national if, following an examination, it is established that

(a) the foreign national applied for it in accordance with Division 2;

(b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

Authorized period ends

(4) The period authorized for a temporary resident's stay ends on the earliest of

(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

(b) the day on which any work permit or study permit issued to the temporary resident expires;

(c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

(d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.
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Old Feb 7th 2012, 1:27 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by PMM
Hi





Until FL can quote the section of the Act/Regs or in a section in the Foreign Workers Manual http://www.cic.gc.ca/english/resourc...s/fw/index.asp that says otherwise, I am going with my statement, that you can remain until the work permit expires.

Here is what the Regulations state:

Issuance of Work Permits
Work permits

200. (1) Subject to subsections (2) and (3) — and, in respect of a foreign national who makes an application for a work permit before entering Canada, subject to section 87.3 of the Act — an officer shall issue a work permit to a foreign national if, following an examination, it is established that

(a) the foreign national applied for it in accordance with Division 2;

(b) the foreign national will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

Authorized period ends

(4) The period authorized for a temporary resident's stay ends on the earliest of

(a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

(b) the day on which any work permit or study permit issued to the temporary resident expires;

(c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

(d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.
Does the blue bit above mean that if you are in this unfortunate situation that you could not re-enter Canada should you have to leave for some reason? As Brits we come and go on our TWPs without incident despite the warning that they are not for re-entry, but if asked about the job by an IO, then I can imagine it might get a bit sticky... any thoughts on that?
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Old Feb 7th 2012, 2:18 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by iaink
Does the blue bit above mean that if you are in this unfortunate situation that you could not re-enter Canada should you have to leave for some reason? As Brits we come and go on our TWPs without incident despite the warning that they are not for re-entry, but if asked about the job by an IO, then I can imagine it might get a bit sticky... any thoughts on that?
Once a document has been issued to any Foreign National if at any time they leave Canada they are subject to examination on re entering Canada regardless of if the document is still valid. They would have to meet all of the requirements for entry and if not they could be refused.
Normally these cases arise out of the individual now being found to be inadmissible under sections 34 to 42 of IRPA.
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Old Feb 7th 2012, 5:26 pm
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Default Re: Quick question re leaving job on TWP

Hi


Originally Posted by Former Lancastrian
Once a document has been issued to any Foreign National if at any time they leave Canada they are subject to examination on re entering Canada regardless of if the document is still valid. They would have to meet all of the requirements for entry and if not they could be refused.
Normally these cases arise out of the individual now being found to be inadmissible under sections 34 to 42 of IRPA.
The usual one is where the person requires a TRV to enter Canada, and leaves Canada other than to the US or St. Pierre et Miquelon.
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Old Feb 7th 2012, 5:59 pm
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Default Re: Quick question re leaving job on TWP

Right, but a Brit doesnt need a TRV do they?

So in this case would a Brit with a TWP returning to Canada even thought the job that the TWP was valid for no longer existed, be asking for trouble?
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Old Feb 7th 2012, 6:16 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by iaink
Right, but a Brit doesnt need a TRV do they?

So in this case would a Brit with a TWP returning to Canada even thought the job that the TWP was valid for no longer existed, be asking for trouble?
Im going to say yes as they have now left the country and seeking re entry and now may fall under sections 34 to 42 and this is now I believe where section 39 Financial inadmissibility might be sought and if knowing the person was no longer working even though TWP is still valid look at possibly not admitting as a genuine visitor or imposing other conditions as per R183 & 185.

BTW I have sent a request regarding the TWP question in this thread more out of an interest to myself as opposed to questioning any posters answers or suggesting who is right or wrong. I hope nobody takes offence to this request.
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Old Feb 7th 2012, 6:55 pm
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Default Re: Quick question re leaving job on TWP

Originally Posted by Former Lancastrian
Im going to say yes as they have now left the country and seeking re entry and now may fall under sections 34 to 42 and this is now I believe where section 39 Financial inadmissibility might be sought and if knowing the person was no longer working even though TWP is still valid look at possibly not admitting as a genuine visitor or imposing other conditions as per R183 & 185.

BTW I have sent a request regarding the TWP question in this thread more out of an interest to myself as opposed to questioning any posters answers or suggesting who is right or wrong. I hope nobody takes offence to this request.
Ordinarily though I dont ever recall an IO asking about my job status when I came and went. Granted that was a while ago.

If you are coming back into Canada on a TWP then I would think some sort of assumption of still being employed might be expected, it would take some sort of super IO "spidey sense" to be suspicious of a returning TWP holder and to start to ask the relevant questions, its not like they would know current employment status automatically.

I would like to think that once the permit has been issued its valid till it expires regardless, the fact that the recipient understands and agrees that they have to leave at that point if its not renewed hasnt changed at all, so the expectation that they would leave shouldnt be any different in my view. Dont IOs have better things to worry about than people that came to Canada in good faith and due to circumstances outside their control find themselves between jobs?

Last edited by iaink; Feb 7th 2012 at 6:57 pm.
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Old Feb 7th 2012, 9:03 pm
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Default Re: Quick question re leaving job on TWP

Normally officers dont get bogged down with returning workers on valid work permits unless information has come to light that the individual is now inadmissible for a variety of reasons that have been discovered after the issuance of a work permit and Inland Officers are unable to trace the individual because they have left their jobs and moved to another part of Canada.
Some of the reasons could be as follows
supplied false credentials or diplomas attesting to job skills
did not disclose criminal convictions
is a member of a prescribed organization
did not disclose a medical condition
misrepresented themselves to obtain the work permit

I agree its not everyday we are dealing with cases like this but they do happen.
As for between jobs yes it is a tough one but it is thought from our point of view that without the income from the job they might well be financially unable to support themselves or others as this is one of the conditions they have to meet as per Reg 183(2)(a) IRPA.
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