Misplaced your job on a closed work allow? What to do subsequent…

Momentary international staff in Canada should abide by the circumstances imposed on their work allow—it’s unlawful to work for an additional employer, in one other location, or in one other position not specified in your work allow.

In case you lose or give up your job, chances are you’ll be eligible to acquire a brand new employer-specific work allow from inside Canada in case your standing has but to run out.

You might also be capable of acquire permission from Immigration, Refugees and Citizenship Canada (IRCC) to start working whereas your software is being processed.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency

You might also be capable of work remotely for a international employer from inside Canada till your work allow expires.

This text will cowl the 2 choices accessible to people who misplaced their job on a closed work allow, together with particular circumstances and issues tied to every possibility.

Choice one: Apply for a brand new employer-specific work allow

In case you are in Canada on an employer-specific work allow and are terminated out of your place of employment, you can not proceed working in Canada except you apply for a brand new work allow.

Sometimes, a international nationwide can solely apply for a piece allow from outdoors Canada or at a port of entry if they’re eligible.

But when the present work allow you maintain remains to be legitimate, chances are you’ll be eligible to use for a brand new work allow from inside Canada—ideally not less than 30 days earlier than your standing expires.

A piece allow stays legitimate till its initially issued expiration date even in case you are laid off or terminated out of your place of employment, permitting you to stay in Canada till that date regardless of not working.

Earlier than you apply for a brand new work allow, you have to first discover an employer prepared to rent you and procure a job provide from them.

When submitting an software for the brand new work allow, you’ll have to present Immigration, Refugees and Citizenship Canada (IRCC) with the paperwork and knowledge listed under.

You have to additionally proceed to fulfill all work allow eligibility necessities outlined by IRCC, present the required (and probably extra) documentation, and pay the work allow charge ($155). You might also be required to resubmit biometrics.

The processing time for work permits utilized for inside Canada is 210 days on the time of the time of this writing.

After you obtain your determination letter, you need to obtain your work allow within the mail to the Canadian tackle you offered inside six weeks. If this tackle has modified earlier than you acquired the choice letter, you have to inform IRCC.

You can begin working when you get a optimistic determination letter; you don’t have to attend till the work allow arrives.

You have to apply to your work allow on-line except you might be eligible to use on paper.

Working when you await approval

In some instances, you might be able to achieve authorized authorization to work to your new employer whereas your new work allow software is being processed—probably permitting you to start out working inside just a few weeks, slightly than having to attend months.

An employer-specific work allow legally authorizes you to work in Canada just for the named employer, so it’s usually unlawful to work for any employer aside from the one listed in your present work allow.

Beneath a short lived public coverage in impact as of the time of writing, nonetheless, it’s potential so that you can request authorization from IRCC to work to your new employer whereas your new employer-specific work allow software is being processed.

You may make this request by IRCC’s net kind by taking the next steps.

1. Beneath the Different class on the backside of the web page, choose “See particulars,” adopted by “Proceed to kind.”
2. Choose “I’m the principal applicant” and fill out all of the relevant sections of the shape along with your private particulars.
3. On the backside of the shape within the “Inform us about your request” part, copy and paste the mandatory particular textual content, inputting your private particulars into the sq. brackets.

In case you are a employee that has been exempt from holding a piece allow, you might be nonetheless required to request an authorization to work if you wish to change jobs or employers. The textual content you enter into the “Inform us about your request” part will likely be totally different.

In each instances, if you don’t embrace code “PPCHANGEWORK2020” when copy and pasting the particular textual content offered by IRCC, your request won’t be prioritized.

After you’ve submitted the online kind, IRCC will electronic mail you inside 10 to 15 days to tell you whether or not your request has been accepted. This timeframe is simply relevant to people that utilized for his or her new work allow on-line.

In case you utilized on paper, IRCC notes that this electronic mail will take longer to return.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency

Choice two: Work remotely for a international employer

You might be able to legally stay in Canada and work remotely for a international employer—as an impartial contractor, freelancer, or worker—with out requiring a Canadian work allow.

That is solely a viable possibility in case your present employee standing is nonetheless legitimate and the international employer using you has

• No bodily presence in Canada;
• No enterprise operations in Canada; and
• No monetary ties in Canada.

You have to not enter the Canadian labour market, service Canadian purchasers, or be paid from inside Canada to qualify for this work-permit exempt type of employment.

Word that earlier than your present work allow expires (that means it’s not legitimate), you might be required to do one of many following.

• Depart Canada;
• Lengthen your keep; or
• Change your standing.

If you need to increase your keep or change your standing (for instance, from employee to customer), you may apply for a Customer Report (VR) to proceed working remotely with no work allow.

This may be accomplished on-line by your IRCC Safe Account or by paper, and can value you $100.

You have to apply for a VR earlier than your present standing expires. IRCC recommends you achieve this not less than 30 days earlier than expiration or ideally nicely earlier than to account for the present 203-day processing time.

An accepted customer document will assist you to preserve your authorized standing in Canada and can embrace a brand new expiry date that you have to go away Canada by except you request and obtain one other extension.

You may keep in Canada whereas your software for a VR is being processed, so long as you apply earlier than your present standing expires.

In case your work allow has expired and you haven’t utilized for an additional work allow or customer document, you have to both

• Depart Canada and conduct your distant work from an alternate location; or
• Depart Canada, apply for customer visa (for those who meet all fundamental eligibility necessities), and return to work remotely in Canada for the time period you’ve been accepted for.

Keep in mind that in case you are working remotely for a international firm from inside Canada, you might be nonetheless a resident of Canada and could also be required to file Canadian revenue taxes.

In case you are doubtful about your residency for tax functions, name the Canada Income Company at 1-800-959-8281.

Seek the advice of with an skilled immigration consultant

Extra issues

In case your present work allow expires earlier than you could have the prospect to use for a brand new one, you won’t be able to take action from inside Canada—you have to sometimes apply from outdoors the nation on this state of affairs.

Now, for those who apply for a brand new work allow and your present work allow expires earlier than you obtain the brand new one, you should have maintained standing.

Remember that whereas having maintained standing means that you can stay in Canada legally whereas your work allow software is being processed, you’ll face sure restrictions, similar to

In case your employee standing in Canada expires and also you want to keep longer, chances are you’ll be eligible to revive your standing inside 90 days for those who misplaced it due to

• Having overstayed your licensed interval (not than 90 days); or
• Having modified your employer, work location, or kind of labor (occupation or duty stage) earlier than securing a brand new work allow.

To regain employee standing and safe a brand new work allow, you have to nonetheless meet the unique eligibility standards to your keep and should not have violated every other imposed circumstances.

Submit your software inside 90 days of shedding your employee standing and be sure you present an in depth clarification for having failed to fulfill your allow circumstances.

Precedence processing

Remember that IRCC is at present offering precedence processing of labor permits for people who carry out or help important companies, together with these in

• Choose agriculture and agri-food occupations; and
• Choose healthcare occupations.

In case you qualify for and wish to obtain precedence processing, you can be required to do the next when filling out your new work allow software.

The first step: Find the Nationwide Occupational Classification (NOC) quantity offered by your employer on both

• Your job provide letter; or
• The LMIA doc.

Step two: Enter this quantity (and solely the quantity) into the “Job title” field when filling out field 4 within the “Particulars of meant work in Canada” part.

Under are the eligible agriculture/agri-food occupations and healthcare occupations, in addition to their related NOC codes.

These that aren’t in one in every of these occupations won’t obtain precedence processing for his or her work allow purposes.

Schedule a Free Work Allow Session with the Cohen Immigration Legislation Agency