Is this a valid job offer?

[Janaki Iyer]

Hi guys,

I am currently working as a postdoctoral fellow and I will be completing 1 year work exp in Canada in January 2017. So I will be eligible to enter the EE pool soon after that. My original contract was until December 2017. After the changes in the CRS system, I spoke to my boss and she has agreed to give me an offer letter until December 2021. However my salary comes from research funds and the nature of the field is such that we don't usually know the funding scenario in advance. So the offer letter states that this contract is subject to availability of funding and satisfactory performance. Will this be considered a valid job offer by CIC? Can I claim 50 points based on this offer letter?

Thanks
Janaki

 

[kryt0n]

Is your employer currently on your work visa or is it an open work visa/post grad visa?

 

[Janaki Iyer]

Yes. It's a closed work permit with the employer name (McMaster University). And it's LMIA exempt based on Canadian interest.

 

[kryt0n]

Yes. It's a closed work permit with the employer name (McMaster University). And it's LMIA exempt based on Canadian interest.

Ok, well aside from the pay thing, you just need your employer ref letter to say you worked since Jan 2016 and that you have a job until Dec 2021. You are paid £xxx amount. No need to mention anything about funding, providing the salary they say in the letter is average for the occupation.

 

[Janaki Iyer]

Thanks kryt0n. Yes my employer will be giving me the ref letter once I get the ITA. And it's the average pay for this occupation. All that is in the standard format mentioned in my offer letter.

 

[AnshulAwasthi]

Hi guys,

I am currently working as a postdoctoral fellow and I will be completing 1 year work exp in Canada in January 2017. So I will be eligible to enter the EE pool soon after that. My original contract was until December 2017. After the changes in the CRS system, I spoke to my boss and she has agreed to give me an offer letter until December 2021. However my salary comes from research funds and the nature of the field is such that we don't usually know the funding scenario in advance. So the offer letter states that this contract is subject to availability of funding and satisfactory performance. Will this be considered a valid job offer by CIC? Can I claim 50 points based on this offer letter?

Thanks
Janaki

Hi Janaki,

You won't be able to claim 50 points by showing that you have a contract till December 2021. The point is that, as a postdoc you are a contract employee. In order to claim 50 points on the basis of a valid job offer, you need to have an offer letter for a permanent job. The contract renewal letter can only help you to renew your work permit. However, since you will complete one year in Jan 2017, you will be able to get the points for one year of Canadian experience and then you can apply under CEC.

I have been in a similar situation (worked as a postdoc for 4 years) so I know all this. If you have any other question don't hesitate to ask.

Good luck
Anshul

 

[kryt0n]

Yes, he'll be eligible for CEC and the 50 points in Jan. The new rules mean job offers only have to extend one year and do not need to be permanent.

 

[DelPiero07]

Nice lady above is correct. After Nov 19th a valid job offer has to be for one year after receiving PR, they do not have to be permanent anymore.

Cheers

 

[Janaki Iyer]

Anshul, Afer the Fall changes the job offers need not be permanent. My only concern is that because the offer letter states that the contract is subject to funding, will the immigration officers reject my application saying this is not a valid job offer?

 

[kryt0n]

Anshul, Afer the Fall changes the job offers need not be permanent. My only concern is that because the offer letter states that the contract is subject to funding, will the immigration officers reject my application saying this is not a valid job offer?

If your reference letter contains all the required elements then you don't need to provide the contract.

 

[jes_ON]

Anshul, Afer the Fall changes the job offers need not be permanent. My only concern is that because the offer letter states that the contract is subject to funding, will the immigration officers reject my application saying this is not a valid job offer?

Standard language in grant-funded academic positions. I think it will be fine. The change from requiring a "permanent" job offer to "at least one year" was specifically to accommodate those of us on contracts.

 

[Asivad Anac]

Thanks you guys! This gives me some confidence. I also have another question. How will they make sure that I am still working for this employer for a year after they have given me the permanent residence? Will they do some checks to ensure or does it just have to be just for the duration of the application process?

You have a moral obligation to do that. IRCC cannot legally enforce that continuation upon you nor can they penalize you for choosing to exercise your right to find suitable employment elsewhere.

 

[jes_ON]

How will they make sure that I am still working for this employer for a year after they have given me the permanent residence? Will they do some checks to ensure or does it just have to be just for the duration of the application process?

I don't think they will check (at least not for enforcement purposes, maybe for research purposes), it's not a law. The point is just whether an employer is willing to put this into writing. Most legit employers will not "make it up" or lie, because they don't want to risk a charge of fraud from the federal government.

 

[Janaki Iyer]

Thanks you guys! This gives me some confidence. I also have another question. How will they make sure that I am still working for this employer for a year after they have given me the permanent residence? Will they do some checks to ensure or does it just have to be for the duration of the application process?

 

[Janaki Iyer]

Asivad Anac, yes I know I have the moral obligation to do that more towards my employer who is helping me with all this. And I am in good terms with my boss, but in case the funding runs out, I will have to find another job.