Job Offer withdrawn after LMIA and Work Visa

[zeemalik]

Hi,

I am from Pakistan. I was doing a stable job. Few months ago, I got a job offer from a Canadian IT company headquartered in Vancouver, Canada. I accepted the offer and then processes to get the LMIA and Work Visa started. I went through all the steps of visa processing. The whole process took around five months and finally I got the Visas for myself, my wife and my two children few days ago.

In the mean time, I gave notice to my current employer which was a very stable job where I was working since last four and half years. My wife also resigned from his job. I started winding up things from here. I have sold all my house furniture, appliances and Car after I got the visa.

But few days after I got work Visa, I got the call from my new employer in Canada that they are withdrawing this offer because the business needs have changed and they are not looking to hire me any more. This is a heartbreaking news for me as I have burnt all my bridges and was looking to move to Canada soon. I told them that this would be disastrous for me and that me and my family will suffer very badly as I have already taken irreversible steps. They said we don't promise but we can try to find another role for you if possible and will reply back soon.

I am very much upset and in deep distress after I heard this. I am unable to believe that how can they do this to me after I have came that far and got the work Visa for two years. I need advise from here on and guide me what options I have in this situation? The letter of approval which I got from IRCC states that I will get the work permit at airport when I land in Canada. Can I go to Canada in this state and find a job over there? What would be my legal status? Also Is it legal in Canada's employment laws to play like this with someone's career and life? What legal options I have in this case?

Please advise.

Regards,
Zee

 

[vel]

Hi,

I am from Pakistan. I was doing a stable job. Few months ago, I got a job offer from a Canadian IT company headquartered in Vancouver, Canada. I accepted the offer and then processes to get the LMIA and Work Visa started. I went through all the steps of visa processing. The whole process took around five months and finally I got the Visas for myself, my wife and my two children few days ago.

In the mean time, I gave notice to my current employer which was a very stable job where I was working since last four and half years. My wife also resigned from his job. I started winding up things from here. I have sold all my house furniture, appliances and Car after I got the visa.

But few days after I got work Visa, I got the call from my new employer in Canada that they are withdrawing this offer because the business needs have changed and they are not looking to hire me any more. This is a heartbreaking news for me as I have burnt all my bridges and was looking to move to Canada soon. I told them that this would be disastrous for me and that me and my family will suffer very badly as I have already taken irreversible steps. They said we don't promise but we can try to find another role for you if possible and will reply back soon.

I am very much upset and in deep distress after I heard this. I am unable to believe that how can they do this to me after I have came that far and got the work Visa for two years. I need advise from here on and guide me what options I have in this situation? The letter of approval which I got from IRCC states that I will get the work permit at airport when I land in Canada. Can I go to Canada in this state and find a job over there? What would be my legal status? Also Is it legal in Canada's employment laws to play like this with someone's career and life? What legal options I have in this case?

Please advise.

Regards,
Zee

I am really sorry to hear his terrible news from your end. This is totally unprofessional behavior from the employee end after doing the process for almost 5-6 months.

Since, your were in a closed WP, you have to be employed under the specified company and you can't work for another company in Canada. You can go to Canada and get your WP, but at the end the company have to hire you. After you have landed in Canada, if the company withdraws/cancels your WP, then you can't do anything other than going back to your home country.

Unfortunately, I am not sure of any legality, but you can very well check with some immigration layer about this.

 

[scylla]

An employer is legally allowed to withdraw a job offer. Sometimes circumstances for a business change.

You can try using the visa you have been issued to come to Canada. It's quite possible the work permit will be issued when you arrive. Sometimes CBSA checks with the employer to ensure there's still a job available. If that happens and your employer confirms there's no job CBSA, will not issue the work permit. However chances are that CBSA will not call the employer and will simply issue the work permit.

Assuming you are able to get a work permit, this will be a closed work permit tied to your specific employer and job. This mean you cannot use that work permit to work for anyone else. If you want to work for a different employer, you will need to find a new employer willing to offer you a job. That employer will then need to obtain an approved LMIA. Once the LMIA is approved, you can then apply for a new closed work permit. As you already know, finding employers willing to go through the LMIA process tends to be very difficult.

Sorry for your situation and good luck.

 

[winpro]

Since the Offer has been withdrawn and if you travel to Canada and not tell them what you know now. They are grounds for clear cut misrepresentation hearing and that will boot you out of Canada.
Another strategy you can employ is this: It seems like you have skills to apply and get job in Canada. Why not email companies like the one you got your WP for and see where it goes?