Re-hiring in Canada: The Challenge of Switching Employers with a Closed Work Permit

Working temporarily in Canada with a 'closed' work permit is a common situation for many international workers. However, switching employers while holding a closed work permit poses a significant challenge. This article delves into the intricacies and requirements of re-hiring in Canada, providing insights into the LMIA process and the difficulty most workers face in remaining in the country after their initial contract expires.

Working on a Closed Work Permit

A 'closed' work permit in Canada is issued for a specific employer and a defined period. Once this period expires, the worker is typically required to leave the country or arrange for a different type of visa. This type of work permit is not intended for ongoing employment with different employers, making re-hiring a complex and time-consuming endeavor.

The LMIA Process: A Necessity for Changing Employers

When an international worker wishes to switch employers, they must go through the Labour Market Impact Assessment (LMIA) process. The LMIA is a critical step that assesses whether or not the hiring of an international worker will have a negative impact on the Canadian labour market.

Step 1: Company Submits LMIA Application Step 2: Government Reviews the Application Step 3: Decision and Outcome

The company must submit a detailed application to Human Resources and Skills Development Canada (HRSDC). This application includes information about the job position, the proposed hiring processes, and requirements. After a thorough review, the government issues a decision on whether the LMIA is approved or denied.

Challenges Faced by Workers

Despite the procedural requirements, only a small number of workers are able to successfully transition to a new employer through the LMIA process. The key challenges include:

Demanding Approval Rates: The LMIA approval rate can be quite low, leading to multiple rejections and extended delays. Multiple Job Offers: The process often requires multiple job offers, increasing the complexity for international workers. Cost and Time: The entire process can be expensive and can take several months to complete, tying up essential resources.

Many workers face the unfortunate reality of having to leave the country even after successfully completing the initial work permit period, especially if they are unable to secure a new job that qualifies for LMIA approval.

Case Studies: Real-Life Experiences

There are numerous anecdotal accounts of workers who, despite their initial success in obtaining a work permit, find themselves unable to re-hire due to the LMIA requirements. For example:

John Doe, a software engineer, worked for a tech company in Canada for two years. After his initial contract ended, his new employer could not secure an LMIA, leading to John having to leave the country. Jane Smith, a marketing professional, worked for her current employer for three years but found herself in a similar situation when seeking a new position within a different company.

Options for Re-hiring and Remaining in Canada

While the LMIA process is challenging, there are some options to consider:

Migrating to a Permanent Residence: This can provide a long-term solution, bypassing the need for temporary work permits and LMIA. Starting a Business: Self-employment can sometimes be a pathway to permanent residency, though it is highly competitive and requires significant resources. Working in a Different Province or Country: Relocating to another province or even returning to one's home country might be a viable option if an international worker cannot secure LMIA approval for re-hiring.

Conclusion

Switching employers while holding a closed work permit in Canada is a complex and often frustrating process. The LMIA procedure, while designed to protect the Canadian labour market, poses significant challenges and costs for international workers. Understanding the requirements and potential options can help workers navigate this landscape more effectively.