Terms of Closed Work Permit

Old Apr 11th 2022, 5:52 pm
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Default Terms of Closed Work Permit

Hi all.
We’ve been in Ontario since December on my husbands closed work permit/LMIA (along with myself on an open work permit, daughter study permit and son on a visitors permit)

My husband has started his new job (bricklayer) and to cut a long story short, hates it. Employer has already broken the contract with overtime pay and hours expected to work, amongst lots of other things.
My husband has already spoken to another employer who is happy to proceed with a new LMIA and work permit.
Could someone please help with advice as to what the next step should be? I know it’s risky to leave a job now without the security of another immediately, or if this is even possible. There is so much work out here for bricklayers so failing this new company we are sure he’ll find something quickly but we just aren’t sure of what we can and can’t do at this stage. We absolutely love Canada and have settled well so far so don’t want to do anything to put us staying in jeopardy.
I don’t think we qualify for PR at this stage due to our ages (46 and 49) but if anyone can advise us differently please do!
Thank you in advance
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Old Apr 11th 2022, 6:15 pm
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Default Re: Terms of Closed Work Permit

Hi, welcome to BE.

So your husband's potential new employer will need to apply for the LMIA. Once that's granted, your husband can get a new work permit for the new employer - I'd strongly suggest he doesn't hand his notice in until the LMIA has been granted! I'd focus on that for now rather than PR, as that will take at least 9 months at a minimum, and it doesn't sound as though your husband will want to stay with his current employer that long.

Your ages don't necessarily mean you won't qualify for PR. It will affect your points score for EE, but as the threshold is much lower for FST, it may not be an issue. I'd start with the official tool and see what it says you'd be eligible for (both of you take it). https://www.canada.ca/en/immigration...nada-tool.html

If EE isn't an option, then PNP may be with the new employer, but get the LMIA underway first and then see if you can apply for PR to secure your future. How old are your children?
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Old Apr 11th 2022, 6:27 pm
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Default Re: Terms of Closed Work Permit

Thank you for replying.

So you wouldn’t recommend him handing in his notice until he has the new LMIA in place or until it’s underway? We do have funds to support us until he has a new one issued (I’m wondering how long that may take potentially) however, I wonder if this would even be acceptable for immigration if he isn’t actually working for the company? I’ve never seen him so unhappy in a job so I know he’d rather leave asap but would immigration accept that?
Our children are young adults, daughter has just turned 18 and is grade 12, our son is 21, we need to apply for a work permit for him too.
Thank you for the link, I’ll check our eligibility for PR.
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Old Apr 11th 2022, 8:59 pm
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Default Re: Terms of Closed Work Permit

Originally Posted by CB23 View Post
So you wouldn’t recommend him handing in his notice until he has the new LMIA in place or until it’s underway?
Until he has the LMIA. Too risky to do it before IMO, with so many LMIA's being refused you may find yourself without any job/work permit and having to leave Canada.

Originally Posted by CB23 View Post
We do have funds to support us until he has a new one issued (I’m wondering how long that may take potentially) however, I wonder if this would even be acceptable for immigration if he isn’t actually working for the company? I’ve never seen him so unhappy in a job so I know he’d rather leave asap but would immigration accept that?
Figure about 3-4 months for the LMIA, hopefully. I'm not sure what you mean about being acceptable to immigration, do you mean him leaving the current job?

Your son isn't eligible for a work permit unfortunately (without his own sponsoring employer/LMIA), only spouses of work permit holders qualify for them, not dependent children. When does your son turn 22? Sorry to give you something else to worry about, but just checking you're aware that you only have until his 22nd birthday to include him on your PR application (unless he's unable to support himself due to a disability or similar)? So if he's soon to be 22 then ignore my previous advise, and get cracking with a PR app urgently if you're eligible!

Last edited by christmasoompa; Apr 11th 2022 at 9:04 pm.
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Old Apr 11th 2022, 9:15 pm
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Default Re: Terms of Closed Work Permit

I agree, the risks are too high.

Sorry, I’m not very clear…I’m stressed and rambling a bit! I guess what I’m trying to ask is…if he leaves his job will immigration allow us to remain in Canada while we wait for the new LMIA? Obviously they aren’t going to allow us to stay indefinitely but as long as we have a new application in process? I suppose that isn’t relevant anyway if the risks of leaving his job are too high but it would be good to know if it came to it.
Our son is 22 in December and no, I wasn’t aware! Thank you, we’ll go through the test tonight…
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Old Apr 11th 2022, 9:17 pm
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Default Re: Terms of Closed Work Permit

Originally Posted by CB23 View Post
I
Sorry, I’m not very clear…I’m stressed and rambling a bit! I guess what I’m trying to ask is…if he leaves his job will immigration allow us to remain in Canada while we wait for the new LMIA?
Don't worry, totally understandable that you're stressed. Yes, that's fine, he can stay in Canada until his current work permit expires. He just can't work for anybody else without a new LMIA/work permit.

Originally Posted by CB23 View Post
Our son is 22 in December and no, I wasn’t aware! Thank you, we’ll go through the test tonight…
OK, then you really, really need to get a wiggle on. Once he turns 22 then he's no longer a dependent child and can't get PR with you (and you can't sponsor an adult child either, even if you get PR later), but the good news is that you only have to have submitted the app before his birthday as age is 'locked in' on the date of application. So you just need to apply whilst he's 21. Hopefully you'll have a route to PR and can get an application in within a couple of months.
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Old Apr 11th 2022, 9:20 pm
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Default Re: Terms of Closed Work Permit

Thank you so much! You’ve been so helpful! We’ll definitely get on with tonight! Let’s just hope now we’re eligible! Thank you again
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Old Apr 11th 2022, 9:24 pm
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Default Re: Terms of Closed Work Permit

Originally Posted by CB23 View Post
Thank you so much! You’ve been so helpful! We’ll definitely get on with tonight! Let’s just hope now we’re eligible! Thank you again
No probs, good luck.
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