Closed Work Permit Termination in Canada; What’s Next?

The dismissal of employment for foreign workers holding closed work permits in Canada can be a complex and stressful situation. It raises numerous questions about both employment rights and immigration status. At Sultan Lawyers, we specialize in both employment and immigration law, allowing us to provide comprehensive guidance to foreign workers facing this challenging scenario.

Understanding Closed Work Permits

A closed work permit, or an employer-specific work permit, is tied to a specific employer in Canada. This means the foreign worker is only authorized to work for the employer named on their work permit. These permits are typically issued based on either a Labour Market Impact Assessment (LMIA) exemption, or a LMIA obtained by the employer, demonstrating that hiring a foreign worker will not negatively impact the Canadian job market.

Immigration Next Steps

Losing a job while on a closed work permit raises immediate concerns about immigration status. Here are key points to consider:

• If you hold a valid closed work permit when your employment is terminated, you may not necessarily need to leave Canada immediately.
• In many cases, your closed work permit remains valid until its expiration, although you cannot obtain employment with a new employer until you apply for a new work permit. However, during this time, you can remain in Canada and review other potentially viable options.
• If securing new employment proves challenging, you might consider changing your immigration status. Options could include applying for a study permit or remaining on visitor status, depending on your circumstances.
• Should you meet the criteria, Immigration has extended their public policy, and you can apply for an employer-specific work permit until February 2025. To be eligible to apply, you will require a valid job offer from a Canadian employer and can apply for a work permit either supported by a LMIA or LMIA exemption.

Employment Considerations Upon Termination

When a foreign worker with a closed work permit is terminated, several employment law considerations may come into play:

• Wrongful Dismissal: Like any employee in Canada, foreign workers have rights regarding termination. If the dismissal was without cause and proper notice or pay in lieu of notice was not provided, it may constitute wrongful dismissal.
• Severance Pay: Depending on the length of employment and other factors, the worker may be entitled to severance pay.
• Human Rights: If the termination was based on discriminatory grounds (such as race, nationality, or immigration status), it could violate human rights legislation.
• Employment Standards: Each province has its own employment standards legislation that outlines minimum requirements for notice periods, severance, and other termination-related matters.

Steps to Take After Termination

If you find yourself terminated while holding a closed work permit, consider the following steps:

1. Review Your Employment Contract: Understand your rights and entitlements regarding termination notice and severance.
2. Seek Legal Advice: Consult with an employment lawyer to ensure your rights are protected and to explore potential claims against your former employer if the termination was unjust or otherwise.
3. Check Your Work Permit Validity: Determine how long your current work permit remains valid.
4. Explore New Employment Opportunities: Start searching for new job opportunities that could support a new work permit application.
5. Consider Immigration Options: Consult with an immigration lawyer to understand your options for maintaining legal status in Canada.
6. Apply for a New Work Permit: If you secure a new job offer, apply for a new work permit as soon as possible.
7. Maintain Valid Status: Ensure you maintain legal status in Canada by applying for appropriate permits or visas before your current status expires.

Can You Stay in Canada?

The good news is, as mentioned above that holding a valid work permit at the time of termination often means you can remain in Canada, at least temporarily. Here’s what you need to know:

• Valid Permit Period: You can legally stay in Canada for the duration of your work permit, even if you’re no longer working for the specified employer.
• Job Search Period: Use this time to search for new employment opportunities that could support a new work permit application.
• Changing Status: If finding new employment proves difficult, consider changing your status to a student or remaining as a visitor, if eligible.
• Bridging Open Work Permit: In some cases, you might be eligible for a bridging open work permit if you’ve applied for permanent residence and have received an Invitation to Apply (ITA).

Challenging the Termination

It’s important to note that foreign workers have the right to challenge unjust terminations, just like Canadian citizens and permanent residents. If you believe your termination was unfair or discriminatory, you may have grounds to file a complaint with the relevant labour board or human rights tribunal.

How Sultan Lawyers Can Help

At Sultan Lawyers, we understand the unique challenges faced by foreign workers in Canada. Our expertise in both employment and immigration law allows us to provide comprehensive support:

• Employment Law Assistance: We can review the circumstances of your termination, advise on your rights, and help you pursue any valid claims against your former employer.
• Immigration Guidance: Our immigration law experts can help you understand your options for maintaining legal status in Canada, assist with work permit applications, and explore pathways to permanent residence.
• Strategic Planning: We can help you develop a strategy addressing your immediate employment concerns and long-term immigration goals.
• Representation: If necessary, we can represent you in dealings with your former employer, labour boards, immigration authorities, or other relevant bodies.

Takeaway

Losing your job while on a closed work permit in Canada can be overwhelming to say the least, but it’s important to remember that you have rights and options. By understanding both the employment and immigration aspects of your situation, you can make informed decisions about your next steps.

At Sultan Lawyers, we’re committed to supporting foreign workers through these challenging situations. Our dual expertise in employment and immigration law positions us uniquely to provide the comprehensive guidance you need to navigate this complex scenario.

If you’re facing termination while on a closed work permit, we encourage you to reach out to employment and immigration lawyers, Sultan Lawyers, online or by telephone at 416-214-5111 today.