Losing Your Job on a Closed Work Permit: Understanding Your Options
Losing your job in Canada can be stressful, especially if you’re on a closed work permit tied to your former employer. However, it’s important to know that you have legal options to remain in Canada while exploring your next steps.
Your closed work permit is employer-specific, meaning you cannot legally work for another employer, location, or role without a new permit. However, you are not required to leave Canada immediately if your permit is still valid. You can stay while you sort out your next steps and explore options to maintain or change your legal status.
What Can You Do Next?
Your main pathways after losing or leaving your job include:
1. Applying for a New Employer-Specific Work Permit
If your temporary resident status is still valid and you find a new employer willing to hire you, you can apply for a new closed work permit from within Canada. Typically, you’ll need a job offer, and in many cases, your new employer must obtain a positive Labour Market Impact Assessment (LMIA). Some jobs are LMIA-exempt, so it’s worth checking if that applies to your situation.
In some cases, Immigration, Refugees and Citizenship Canada (IRCC) may allow you to begin working for your new employer while your work permit application is being processed. However, you must obtain explicit permission from IRCC before starting your new role.
2. Exploring Eligibility for an Open Work Permit
An open work permit offers more flexibility, as it is not tied to a specific employer or occupation. This allows you to work for different employers or in different roles across Canada. Open work permits are available to certain groups, such as:
- Spouses or common-law partners of skilled workers or international students.
- Individuals who qualify as vulnerable workers due to abuse or exploitation.
Open work permits generally do not require a job offer or LMIA, but eligibility criteria apply.
3. Switching to Another Status
If you need more time to find a new job or decide on your next steps, you can apply to change your status in Canada. For example:
- You might apply for a visitor record, which allows you to stay in Canada without working while you explore other options.
- Some individuals may be eligible to transition to a study permit or to permanent residence programs, depending on their qualifications and circumstances.
4. Important Legal and Immigration Considerations
When navigating your next steps, keep the following in mind:
- You must not begin working for a new employer until you have obtained a valid work permit authorizing you to do so.
- If you wish to remain in Canada legally, always apply to extend or change your status before your current permit expires.
- If you were subject to abuse or exploitation that led to your job loss, you might be eligible for an open work permit under IRCC’s vulnerable workers policy.
- During the processing of your new work permit application, you might be eligible for maintained status, meaning you can legally stay (and sometimes work) in Canada until a decision is made.
Practical First Steps
After losing your job, take these steps to secure your next move:
- Collect and confirm your end-of-employment letter and any severance information.
- Contact Service Canada to check if you are eligible for Employment Insurance.
- Begin searching for a new job as soon as possible.
- If you need to transition to a new work permit, ensure your new employer is aware of the LMIA process or any LMIA exemptions that may apply.
Losing your job on a closed work permit is challenging, but you have legal options to remain in Canada. Whether it’s through securing a new employer-specific work permit, applying for an open work permit, or changing your immigration status, being proactive and applying before your current permit expires is crucial to maintaining your legal status.
Losing Your Job on a Closed Work Permit: Understanding Your Options
Losing your job in Canada can be stressful, especially if you’re on a closed work permit tied to your former employer. However, it’s important to know that you have legal options to remain in Canada while exploring your next steps.
Your closed work permit is employer-specific, meaning you cannot legally work for another employer, location, or role without a new permit. However, you are not required to leave Canada immediately if your permit is still valid. You can stay while you sort out your next steps and explore options to maintain or change your legal status.
What Can You Do Next?
Your main pathways after losing or leaving your job include:
1. Applying for a New Employer-Specific Work Permit
If your temporary resident status is still valid and you find a new employer willing to hire you, you can apply for a new closed work permit from within Canada. Typically, you’ll need a job offer, and in many cases, your new employer must obtain a positive Labour Market Impact Assessment (LMIA). Some jobs are LMIA-exempt, so it’s worth checking if that applies to your situation.
In some cases, Immigration, Refugees and Citizenship Canada (IRCC) may allow you to begin working for your new employer while your work permit application is being processed. However, you must obtain explicit permission from IRCC before starting your new role.
2. Exploring Eligibility for an Open Work Permit
An open work permit offers more flexibility, as it is not tied to a specific employer or occupation. This allows you to work for different employers or in different roles across Canada. Open work permits are available to certain groups, such as:
- Spouses or common-law partners of skilled workers or international students.
- Individuals who qualify as vulnerable workers due to abuse or exploitation.
Open work permits generally do not require a job offer or LMIA, but eligibility criteria apply.
3. Switching to Another Status
If you need more time to find a new job or decide on your next steps, you can apply to change your status in Canada. For example:
- You might apply for a visitor record, which allows you to stay in Canada without working while you explore other options.
- Some individuals may be eligible to transition to a study permit or to permanent residence programs, depending on their qualifications and circumstances.
4. Important Legal and Immigration Considerations
When navigating your next steps, keep the following in mind:
- You must not begin working for a new employer until you have obtained a valid work permit authorizing you to do so.
- If you wish to remain in Canada legally, always apply to extend or change your status before your current permit expires.
- If you were subject to abuse or exploitation that led to your job loss, you might be eligible for an open work permit under IRCC’s vulnerable workers policy.
- During the processing of your new work permit application, you might be eligible for maintained status, meaning you can legally stay (and sometimes work) in Canada until a decision is made.
Practical First Steps
After losing your job, take these steps to secure your next move:
- Collect and confirm your end-of-employment letter and any severance information.
- Contact Service Canada to check if you are eligible for Employment Insurance.
- Begin searching for a new job as soon as possible.
- If you need to transition to a new work permit, ensure your new employer is aware of the LMIA process or any LMIA exemptions that may apply.
Losing your job on a closed work permit is challenging, but you have legal options to remain in Canada. Whether it’s through securing a new employer-specific work permit, applying for an open work permit, or changing your immigration status, being proactive and applying before your current permit expires is crucial to maintaining your legal status.
Conclusion
Losing your job on a closed work permit can be a challenging situation, but it’s important to remember that you have several legal pathways to maintain your status in Canada. Whether you choose to apply for a new employer-specific work permit, explore eligibility for an open work permit, or transition to a different immigration status, taking proactive steps before your current permit expires is essential. By understanding your options and seeking professional guidance when needed, you can navigate this transition smoothly and continue your journey in Canada.
Frequently Asked Questions
What should I do immediately after losing my job on a closed work permit?
Immediately after losing your job, collect your end-of-employment documents, contact Service Canada for Employment Insurance eligibility, and begin searching for a new job. Ensure you do not start working for a new employer without a valid work permit.
Can I stay in Canada if my closed work permit is still valid?
Yes, you can stay in Canada as long as your work permit is still valid. However, you cannot work for a new employer without applying for a new work permit or transitioning to an open work permit.
How can I apply for an open work permit?
Eligibility for an open work permit depends on specific criteria, such as being a spouse or common-law partner of a skilled worker or international student, or qualifying as a vulnerable worker. Check IRCC’s eligibility requirements and submit your application through their official channels.
What if I cannot find a new job before my work permit expires?
If you cannot find a new job before your permit expires, you can apply to change your status to a visitor record or explore other immigration pathways, such as transitioning to a study permit or applying for permanent residence, if eligible.
Can I stay in Canada while my new work permit application is being processed?
Yes, in many cases, you may be eligible for “maintained status,” which allows you to stay in Canada legally while your application is processed. However, you may not work until your new permit is approved.
