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Visa and company going out of business

Visa and company going out of business

Old Aug 6th 2015, 2:52 am
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Default Visa and company going out of business

I'm almost 1 year (literally a week away) into a 2 year work permit that is tied to the company I work for, I've been here now 1 year in Nova Scotia, NS does offer an experience entry which requires you to have been working in the country for at least 1 year, however I've just been informed that there is a high chance that the company is going to be going to cease trading in the next 2-4 weeks due to finances and essentially going bankrupt.

Due to the fact my visa is tied to my job I'm obviously quite concerned, my partner has a open work permit for the same duration (2 years) so she is fine. However even if I get my experience entry application in, I may well not have a job as I'm unable to get a different one due to my visa.

I'm struggling to find someone to speak to around what I need to do so that if the company does cease that I'm able to get another job even if it's only to see out the remaining year while I get my PR application in. Noting that waiting for another application to go through is obviously an issue as I won't be able to work during that time.

Few pieces of information that may or not be useful: I'm from UK, 32 years old

Hopefully someone is able to point me in the right direction on what next steps are open to me.

I've contacted the NS Immigration, but they can't help with this as it requires me to contact CIC, I've just spoken to someone at CIC and they informed me that I will have to do a new work permit application and based on Processing times: Temporary Residence it would be over 3 months to extend a visa for a new employer

Really appreciate any guidance or what my options are, speaking on the phone to anyone seems to be very much of a go to our website kind of answers, and perhaps my only option is to wait 3 months and hope I can financially afford that
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Old Aug 6th 2015, 3:55 am
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Default Re: Visa and company going out of business

Unfortunately there's not a lot you can do unless you can find a new employer. You can stay in Canada until the end of your work permit, but only as a visitor so you can't work for somebody else. You mention a 3 month wait for a TWP for a new employer, but do note you'd need a new LMIA as well, although you could just get your TWP at the border which would save the 3 months processing time.

If you'd got your PR app in and received an AEO then you could have applied for a Bridging Open Work Permit, but it doesn't look as though that will be possible now.

Having said that, I think it's worth you trying to get a PR app in as a matter of urgency, just in case the company manages to hang on long enough for you to qualify for a BOWP. There's no need to wait until you've worked for a year usually - what job do you do? You should be able to apply for PR anytime. Another option would be for your gf to apply asap if she qualifies?

And sorry to use you as an example, but just for the sake of anybody reading, if you're on a TWP then don't wait to apply for PR just in case something like this happens, do it as soon as you get to Canada!

Best of luck.
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Old Aug 6th 2015, 4:19 am
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Default Re: Visa and company going out of business

My girlfriend works at an accountancy firm, it wouldn't be classed as a skilled job, I'm a senior manager at an IT based company so should be fine for the experience entry as it requires skilled experience.

Totally agree, the PR application should have been put in straight away when we landed, there was some family stuff going on that meant it was not a focus, but that's the biggest issue here not doing the PR sooner.

I have my english test this Saturday so am able to then put in for the NS experience entry (But I think I still need to initially submit for Express entry to start that anyway for the LMIA if I've read things correctly) Getting another job should not be an issue as owners and previous owners of the company have plenty of contacts, but I obviously can't work for them until I legally can.

So in short I'll need to find a new employer to apply for LMIA and then put in for Express Entry (As the NS experience entry requires Express Entry application I think?)

Thanks for the quick reply
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