One of the most frequently asked questions by individuals awaiting their Canadian Permanent Residency (PR) is whether they can change jobs while their application is being processed. If you’re currently employed in Canada and have a PR application in progress, this article will provide clarity on your options based on your work permit type and related conditions.
Work Permits in Canada
To work legally in Canada, you need a valid work permit. There are several types of work permits, each with different rules and restrictions:
1. Post-Graduate Work Permit (PGWP):
Issued to international students upon completing their studies in Canada, this is an open work permit, meaning there are no restrictions on changing jobs.
2. Open Work Permit:
Typically granted to spouses of work permit holders or under certain other conditions, this permit also allows for flexibility in employment, enabling job changes without additional approval.
3. Closed (Employer-Specific) Work Permit:
This is the most common type of work permit, particularly among temporary foreign workers. It ties the worker to a specific employer and, often, a specific location. Conditions and restrictions are outlined on the permit, making it generally more challenging to change employers or locations.
Changing Jobs with a Work Permit While Waiting for PR
If you’re on a PGWP or an open work permit, you can switch jobs without any major hurdles. However, if you’re on a closed work permit, the process is more complicated.
For individuals with a closed work permit, changing jobs is typically prohibited unless you take additional steps. Fortunately, there’s an option available under specific conditions: the Bridging Open Work Permit (BOWP).
What Is a Bridging Open Work Permit (BOWP)?
The BOWP is designed for individuals with a PR application in progress, allowing them to transition to an open work permit and change jobs. Here are the key requirements and considerations for obtaining a BOWP:
1. PR Application Status:
Your PR application must be at an advanced stage, meaning you’ve received an Acknowledgment of Receipt (AOR). Simply having an Invitation to Apply (ITA), a Provincial Nominee Program (PNP) nomination, or an active Express Entry profile does not qualify you for a BOWP.
2. Current Work Permit Type:
You must already be on a closed work permit or an employer-specific work permit.
3. Validity and Limitations:
The BOWP is tied to your PR application. If your PR application is rejected or cancelled, your BOWP will also be invalidated, leaving you out of status. In contrast, if you were on a closed work permit, you could continue working until the permit’s expiry, even if your PR application was denied.
Steps to Apply for a BOWP
1. Ensure you’ve received your AOR for your PR application.
2. Apply for the BOWP online through Immigration, Refugees and Citizenship Canada (IRCC).
3. Once granted, use your new open work permit to secure employment with a new employer.
Important Considerations When Changing Jobs
If you are transitioning to a new job while awaiting PR, here are some crucial steps to ensure a smooth process:
Secure Your New Job First:
Before leaving your current job, ensure you have a confirmed job offer from the new employer.
Retain Important Documents:
Collect and keep all relevant documentation from your current employer, such as reference letters or proof of employment, as these may be required during your PR process.
Notify IRCC:
Any changes to your job, address, or location must be reported to IRCC. Use the IRCC web form to update your file. Keeping IRCC informed helps maintain transparency and ensures compliance with immigration regulations.
Final Thoughts
In summary, changing jobs while your PR application is in process is possible, but the steps and restrictions depend on your work permit type. For open work permit holders, the process is straightforward. For those on a closed work permit, applying for a Bridging Open Work Permit is the way forward, provided you meet the eligibility criteria.
If you’re considering changing jobs, plan carefully, maintain your documentation, and stay informed about your obligations to IRCC. While it is possible to change jobs during the PR process, doing so without proper preparation can lead to complications.
If you have more questions or need further guidance, feel free to reach out.
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