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Moderator Moderator Posts: 4027
Posted On: 2/2/2023
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Hello,
Thank you for sharing your question with us.
To be able to change jobs as a foreign national holding a closed work permit, you must apply for a new work permit to make amendments to your current working conditions (employer, position, work location, duration of employment etc.).
Closed work permits require the foreign national to whom the work permit was issued to work only for the specified employer in the location and position listed for the duration noted on the permit.
Changed conditions that may qualify a foreign national to submit an application to extend or change the conditions of their current work permit are:
- If the job is extended
- If there are changes to the current job, such as:
- A change in pay
- New responsibilities
- An offer of a different job
- You want to work for a new employer
Generally, you cannot start working in a different position or for a new employer until you get a new work permit which authorizes the new terms of employment.
If your application for a new work permit is approved, you will be issued a new work permit which has new conditions on it, including:
- The type of work you can do
- The employer you can work for
- Where you can work
In most cases, the new employer must obtain and provide you with a positive Labour Market Impact Assessment (LMIA) to submit with as part of your new work permit application. A positive LMIA decision indicates to Immigration, Refugees and Citizenship Canada that there are no local Canadian Citizens or Permanent Residents who are available and qualified to occupy the position and with this positive decision, IRCC can authorize a foreign national to take up employment for that specific position within Canada.
There are some cases where an employer does not need to obtain an LMIA, which are:
- If you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work), and
- have a valid job offer, and
- have a valid work permit that is exempt from an LMIA under:
- An international agreement
- A federal-provincial agreement
- The “Canadian interests” category.
Second, as an alternative pathway, you may seek to assess your eligibility to apply for permanent resident status to stay in Canada.
To find out if you are eligible to apply for permanent resident status, visit: https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=006&top=10
For example, applying for Express Entry is a route for skilled workers to immigrate to Canada. It requires you to submit a profile of your background and work experience to determine your rank amongst other skilled workers whose goal is to immigrate to Canada. After this process, you are placed in a pool with the other skilled workers. If your profile is generally among the highest other profiles in the pool by ranking, you may receive an invitation to apply for permanent residency which you would then have 60 days to complete.
It is possible to work in Canada while waiting for permanent residency status approval, however, this requires a valid work permit.
We hope that the information we provided was helpful to you. Please let us know if you have any further questions.
Sincerely,
Your Settlement.Org team
Disclaimer:
This document does not contain legal advice. This document was prepared with the assistance of PBSC University of Toronto law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult
with a lawyer.
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jbaiju Posts: 1
Posted On: 5/11/2023
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Hi,
got a further query regarding closed work permit, I am being offered another job but iam on a closed work permit with my current company.
1) Can i accept the new job, if its ok to accept what will happen to my CRS score,will the 50 points from my CRS score which i got from my old company will reset to zero and again it will count when i join the new company.
2) How can i take up a different job without affecting my PR application or CRS Score.
any inputs will be helpful
thanks
John
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Moderator Moderator Posts: 4027
Posted On: 5/17/2023
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Hi there,
Thank you for sharing your question and situation with us.
It may be best for you to consult a reputable and registered immigration consultant or an immigration lawyer for advice specific to your situation. You may find helpful information on how to find a reputable and registered lawyer or immigration consultant in the Settlement.Org articles, How do I find a lawyer? and What other kinds of legal help can I get?.
It may also help to connect with a community resource navigator at 211 to narrow your search.
211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
We hope this referral is helpful. Please follow up with us if you have any further questions.
Sincerely,
Your Settlement.Org team
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