A layoff email can change everything in a few seconds when your job and legal permission to work are connected to the same employer. The immediate question is not only how you will pay your bills—it is whether you can accept another job, remain in Canada, or keep working while a new application is processed. After being laid off on a closed work permit, the steps you take next can protect both your immigration status and your future options.
A closed work permit is officially called an employer-specific work permit. It normally lists the employer you can work for, how long you can work and, in some cases, the approved work location.
When that employer lays you off, your work permit may remain valid until its printed expiry date. However, you are no longer authorized to use it to work for a different business.
You must not start working for a new employer simply because your existing permit has not expired. Unauthorized work can create problems with future work permit, permanent residence or citizenship applications.
A Canadian employer can lay off or dismiss a temporary foreign worker as long as the employer follows the applicable federal, provincial or territorial employment laws. IRCC does not require the employer to report the dismissal directly to the immigration department.
Your employment rights still apply. Depending on your contract and provincial rules, you may be entitled to:
Ask your employer for your termination letter and Record of Employment. Keep copies of your pay statements, employment contract, work permit and all messages related to the layoff.
A layoff does not normally end your temporary resident status immediately.
You may generally remain in Canada until your current work permit expires, even though you are no longer working. However, you must continue to respect every condition written on the permit.
The expiry date matters. Start planning well before it arrives because remaining in Canada and being allowed to work are two separate issues.
You may use this period to:
Changing to visitor status may allow you to remain in Canada, but it does not give you permission to work.
If you have lost your temporary resident status, you must stop working. You may be able to apply to restore your status and obtain a work permit, usually within the permitted restoration period, provided you meet the requirements.
Restoration does not normally allow you to work while waiting for a decision. Acting quickly is important.
The most direct option is often to secure another eligible job offer.
Your new employer may need a positive Labour Market Impact Assessment, commonly called an LMIA. An LMIA confirms that the employer has permission to hire a foreign worker for that position.
Some jobs are LMIA-exempt under the International Mobility Program. In these cases, the employer may need to submit an offer through the Employer Portal and pay the employer compliance fee.
What you need depends on the position, employer and immigration program. IRCC confirms that changing employers requires an application to change the conditions of your work permit.
Normally, a person with an employer-specific permit must stop working after losing the job connected to that permit. The worker cannot begin working for another employer until authorized.
However, an important temporary public policy may help some workers begin sooner.
Workers already inside Canada who have applied for a new employer-specific work permit may request permission to begin the new job before IRCC approves the permit.
This policy is designed to help temporary foreign workers change jobs more quickly after securing an eligible offer under the Temporary Foreign Worker Program or International Mobility Program.
Do not begin the job only because you submitted the request. Wait until IRCC sends written confirmation authorizing you to work under the new conditions.
Keep that confirmation with your work permit application records and give a copy to your new employer.
Maintained status may allow you to stay in Canada after your permit expires when you applied to extend or change your status before the expiry date.
IRCC confirms that a person who submits a qualifying work permit application before the current permit expires can remain in Canada until a decision is made.
However, maintained status does not automatically let you work for a new employer.
If your previous permit was employer-specific, your normal continued-work authorization remains limited by its original conditions. Since the old job has ended, you generally need separate authorization before beginning work for the new employer.
An open work permit is not tied to one employer, but not everyone qualifies.
Possible eligibility may arise through:
A worker experiencing abuse or a risk of abuse in the workplace may be eligible for an open work permit for vulnerable workers. This option exists to help eligible workers leave abusive employment and seek another job.
A normal business layoff by itself does not automatically qualify someone for an open permit.
You may be eligible for Employment Insurance regular benefits when you lose your job through no fault of your own and meet the required conditions.
Eligibility can depend on your insurable employment hours, availability for work and legal ability to accept employment. The required hours generally vary according to the unemployment rate in your region.
Apply as soon as you stop working. The federal government warns that waiting more than four weeks after your last working day could cause you to lose benefits. You can apply even if your Record of Employment has not arrived.
After a layoff, take these steps in order:
A layoff on a closed permit is serious, but it does not mean that you must immediately leave Canada. Your next steps depend on your permit expiry date, your new job offer, the new employer’s documents and whether another immigration pathway applies.
The safest approach is to stop unauthorized work, protect your temporary status and submit the correct application as early as possible. Because individual situations differ, consider getting advice from a licensed Canadian immigration lawyer or regulated immigration consultant before making a major decision.
The permit does not normally disappear immediately, and you may remain in Canada until its expiry date. However, it no longer gives you a usable job because you can work only under the conditions listed on it.
No. An employer-specific permit normally authorizes work only for the named employer. You must apply for a new permit and receive either the new permit or written interim authorization before starting the new job.
You can generally stay until your valid temporary status expires. Make sure you apply to extend or change your status before that date when necessary.
You may qualify if you meet the normal EI conditions, including enough insurable hours and losing the job through no fault of your own. Your ability to accept suitable employment may also affect eligibility.
Many eligible workers can apply to change employers from within Canada. Your eligibility depends on your current status, the new job offer and the type of application being submitted.
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