How to Transfer Your Work Permit to a New Employer in Canada

Switching jobs can be a daunting experience, especially for foreign workers in Canada. If you're looking to change employers, it's crucial to understand the process of transferring your work permit to ensure you maintain your legal work status. This article will guide you through the steps to transfer your work permit to a new employer in Canada.

Introduction

• Brief overview of the process of transferring a work permit to a new employer in Canada

• Importance of following the correct procedure to maintain legal work status

Understanding Your Work Permit Type

• Explanation of employer-specific and open work permits

• Determining if you need to transfer your work permit based on its type

Finding a New Job Offer in Canada

• Tips for finding a suitable job offer with a new employer

• Importance of obtaining a written job offer and ensuring it meets work permit requirements

Obtaining a New Labour Market Impact Assessment (LMIA), if necessary

• Explanation of the LMIA process

• When an LMIA is required for a work permit transfer

• How to request an LMIA from your new employer

Applying for a New Work Permit

• Step-by-step guide to applying for a new work permit with your new employer

• Required documents and application fees

• Processing times for new work permit applications

Requesting Bridging Open Work Permit (BOWP), if eligible

• Explanation of the BOWP and its benefits

• Eligibility criteria for a BOWP

• How to apply for a BOWP while waiting for your new work permit

Informing Your Current Employer

• Best practices for communicating your work permit transfer to your current employer

• Handling your resignation professionally and in accordance with Canadian labor laws

Understanding Your Work Permit Type

Before diving into the transfer process, it's essential to understand the type of work permit you hold. There are two main types of work permits:

1. Employer-specific work permits: These work permits are tied to a specific employer, job title, and work location. If you have an employer-specific work permit, you'll need to apply for a new one to work for a different employer.

2. Open work permits: These permits allow you to work for any employer in Canada, with some exceptions. If you hold an open work permit, you generally won't need to apply for a new permit when changing employers.

Finding a New Job Offer in Canada

To transfer your work permit to a new employer, you'll first need to secure a job offer from a Canadian employer. When searching for a new job, consider the following tips:

• Use online job boards, professional networking sites, and Canadian government resources like the Job Bank to find job opportunities.

• Tailor your resume and cover letter to match the specific requirements of the job posting.

• Network with professionals in your industry to discover potential job leads.

Once you've received a written job offer, ensure that it meets the necessary work permit requirements, such as salary, job title, and work location.

Obtaining a New Labour Market Impact Assessment (LMIA), if necessary

If your new job offer requires an LMIA, your new employer will need to apply for one. An LMIA is a document that demonstrates the need for a foreign worker to fill a specific job and that no Canadian worker is available for the position. Your employer will need to provide evidence of their recruitment efforts and pay the necessary application fees.

Applying for a New Work Permit

Once you have a job offer and, if required, a positive LMIA, you can apply for a new work permit. Follow these steps:

1. Gather the necessary documents, including your job offer letter, LMIA (if applicable), and any other required supporting documents.

2. Complete the application forms and pay the application fees.

3. Submit your application online or via mail, depending on your preference and eligibility.

Processing times for work permit applications vary depending on factors such as application type, applicant nationality, and application volume.

Requesting Bridging Open Work Permit (BOWP), if eligible

If you're eligible for a Bridging Open Work Permit (BOWP), you can apply for one while waiting for your new work permit. A BOWP allows you to continue working in Canada while your new work permit application is being processed. To be eligible for a BOWP, you must:

• Have a valid work permit that will expire within the next four months.

• Have submitted an application for permanent residence under an eligible program.

If you meet the eligibility criteria, you can apply for a BOWP online through the Immigration, Refugees and Citizenship Canada (IRCC) website.

Informing Your Current Employer

It's essential to communicate your work permit transfer professionally and courteously to your current employer. Be transparent about your plans and provide adequate notice, as required by Canadian labor laws and your employment contract. Ensure a smooth transition by wrapping up any outstanding projects and transferring knowledge to your colleagues.

What Happens to My Canadian Work Permit If I Lose My Job?

Losing your job can be a challenging experience, and if you're in Canada on a work permit, it can lead to additional concerns about your immigration status. When you lose your job, the following aspects need to be considered in relation to your Canadian work permit:

1. Remaining in Canada: If you lose your job, you are still legally allowed to remain in Canada until the expiration date on your work permit. However, you must cease working for the employer listed on your work permit immediately upon termination.

2. Finding a new job: If you find a new job and your work permit is still valid, you may need to apply for a new work permit before starting the new position, especially if your current work permit is employer-specific. Your new employer may need to obtain a Labour Market Impact Assessment (LMIA) before you can apply for a new work permit.

3. Open work permits: If you have an open work permit, you can work for any employer in Canada, with a few exceptions. In this case, you don't need to apply for a new work permit when you find a new job.

4. Extending your stay: If your work permit is about to expire, you may apply for an extension, change your status to a visitor, or, if eligible, apply for permanent residency. It's crucial to apply for an extension or change of status before your work permit expires to maintain your legal status in Canada.

5. Leaving Canada: If you're unable to find a new job, extend your stay, or change your status, you must leave Canada upon the expiration of your work permit.

Frequently Asked Questions (FAQs)

Q: Can I start working for my new employer while waiting for my new work permit?

A: No, you cannot begin working for your new employer until you receive your new work permit. However, if you're eligible for a Bridging Open Work Permit (BOWP), you can continue working in Canada while your new work permit application is being processed.

Q: Do I need to inform my current employer that I am transferring my work permit to a new employer?

A: Yes, it's essential to communicate your work permit transfer professionally and courteously to your current employer. Be transparent about your plans and provide adequate notice, as required by Canadian labor laws and your employment contract.

Q: Can I transfer my work permit if I have an open work permit?

A: If you hold an open work permit, you generally won't need to apply for a new permit when changing employers. Open work permits allow you to work for any employer in Canada, with some exceptions.

Q: How long does it take to transfer a work permit to a new employer in Canada?

A: The processing time for a new work permit application varies depending on factors such as application type, applicant nationality, and application volume. Check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date processing times.

Q: What documents do I need to apply for a new work permit when changing employers?

A: You'll need to gather the necessary documents, including your job offer letter, LMIA (if applicable), and any other required supporting documents, such as educational credentials, work experience letters, and identity documents.

Q: Can I transfer my work permit to a new employer without an LMIA?

A: If your new job offer is exempt from the LMIA requirement, you can apply for a new work permit without an LMIA. However, if your new job offer requires an LMIA, your new employer will need to apply for one before you can apply for a new work permit.

Q: Can I transfer my work permit to a new employer if my current work permit is about to expire?

A: If your work permit is about to expire, you can still apply for a new work permit with a new employer. However, you must submit your new work permit application before your current work permit expires. If you're eligible for a Bridging Open Work Permit (BOWP), you can apply for one while waiting for your new work permit.

Ready to take the next step towards working in Canada? Let Immergity Immigration Consultant guide you through the work permit application process, ensuring a smooth and successful experience. Our team of dedicated professionals is here to help you navigate the complex immigration system and find the best pathway tailored to your unique situation.

Book your appointment with Immergity Immigration Consultant today and embark on your exciting journey to a fulfilling career in Canada!