Losing job after ITA?

[Asivad Anac]

Thanks for the quick response.

I know I am thinking too much into it but what if an employer go out of his way and refuses to acknowledge to CIC that the applicant did all the duties described in the letter? Even if the applicant provide all the proof that he was being paid to do the described duties. I may be stretching it way too much as I am little nervous about leaving the job and moving on in my career.

That will work against the employer because the onus will be on them to prove that the document you submitted as part of your application (which probably is signed, dated and on the company letterhead) contains falsified information. Unlikely that any employer would take so much pains to discredit an ex-employee. Even if they do that, IRCC will probably extend the benefit of doubt to you by asking you to rebuff those claims by providing other supporting documentation, if any.

Bottom line, nothing to worry if this was genuine employment.

 

[fkl]

That will work against the employer because the onus will be on them to prove that the document you submitted as part of your application (which probably is signed, dated and on the company letterhead) contains falsified information. Unlikely that any employer would take so much pains to discredit an ex-employee. Even if they do that, IRCC will probably extend the benefit of doubt to you by asking you to rebuff those claims by providing other supporting documentation, if any.

Bottom line, nothing to worry if this was genuine employment.

Acked.... Furthermore, in cases where employer refuses to issue experience letters of genuine CEC eligible jobs (out of their fears of employees leaving once they get PRs), CIC accepts t4s and other relevant docs as alternate proof of eligibility of skilled jobs.

I believe I have read at least one formal CIC instruction outlining this, and there have been many cases (specially pre express entry) where people submitted other docs like pay stubs, t4s, employer correspondence, work interaction emails etc. to substitute proof for their experience.

So once you have provided even letter of employment, there is nothing to worry. CIC even contacting employer is unlikely - unless they find something worth digging into this to verify.

 

[RegularGuy]

Acked.... Furthermore, in cases where employer refuses to issue experience letters of genuine CEC eligible jobs (out of their fears of employees leaving once they get PRs), CIC accepts t4s and other relevant docs as alternate proof of eligibility of skilled jobs.

I believe I have read at least one formal CIC instruction outlining this, and there have been many cases (specially pre express entry) where people submitted other docs like pay stubs, t4s, employer correspondence, work interaction emails etc. to substitute proof for their experience.

So once you have provided even letter of employment, there is nothing to worry. CIC even contacting employer is unlikely - unless they find something worth digging into this to verify.

Thanks Asivad and fkl for your responses. I indeed did all the duties described in the letter and have submitted both T4 and pay stubs along with reference letter, to further strengthen my application. The thing is, he was expecting me to stay till I get my PR (can take 6 months) and handle his work load through the upcoming 'busy period' for him. But I was seeing no growth and incentive in continuing the job and want to go to school again. I was stuck in my career for one year and couldn't take it anymore, so decided to leave. He was assuming that my PR was contingent upon the job so I won't leave. My plans upset him a bit and he has to now cancel his vacation trip to start the process of finding a replacement for me. I was little worried because of that. I was even planning to submit an additional letter from my colleague and our territory manager but I thought it would piss him off even more, so dropped the idea.

 

[RegularGuy]

At the time of signing the reference letter, I told my manager that PR application will take around 6 months to process. He assumed that I will stay. I didn't try to explain him as I was sure he wasn't gonna sign it if I had told him at that time. He signed immigration paperwork for another employee who got PNP. As PNPs are dependent upon job continuity and took about a year, he assumed the same about my paperwork.
I hope everything stays on course for me from here.

 

[fkl]

I believe the same. None of what you described could have any negative effect in my opinion either.

 

[mukson]

Hi There. I am happy I have found this thread as I am in a similar position now. I do wish to ask about my specific case and I hope someone could help me.

I am about to get ITA on the next draw and I have my whole application ready, so I can apply as soon as I get it. The thing is I got enough points through my LMIA based work position and a future job offer. I will still be working for the company at the time I submit my application but because of a seasonal nature of my work and this job not paying well in the winter, I never intended to work for more then a few weeks after I submit my application. I have been counting on a BOWP and doing other jobs that pay more for the winter. I intend to start working again for the same company after I get PR (taking the job offer) and the job offer is meant for a permanent position obviously. Please let me know whether you think me quitting this job for a few months and working in others after eAPR would affect my chances of getting PR. Also should I let CIC know about my intention or a change in my job after eAPR? What would you do? Thank you!

 

[jes_ON]

I am about to get ITA on the next draw and I have my whole application ready, so I can apply as soon as I get it. The thing is I got enough points through my LMIA based work position and a future job offer. I will still be working for the company at the time I submit my application but because of a seasonal nature of my work and this job not paying well in the winter, I never intended to work for more then a few weeks after I submit my application. I have been counting on a BOWP and doing other jobs that pay more for the winter. I intend to start working again for the same company after I get PR (taking the job offer) and the job offer is meant for a permanent position obviously. Please let me know whether you think me quitting this job for a few months and working in others after eAPR would affect my chances of getting PR. Also should I let CIC know about my intention or a change in my job after eAPR? What would you do? Thank you!

Well, first of all, technically you do not have a valid job offer, because the job offer has to be for "non-seasonal" work. And the fact that you were working for the company and stopped working and plan to start working again will definitely raise some red flags.

Second, it you want to play it as "future" work, then you would need a new LMIA. If you're using the LMIA from your existing job, you need to maintain that job.

You do not have to inform IRCC about "intentions" but you do have to inform them when you do change jobs (if you don't, it could be seen as misrepresentation), at which time they will (should) recalculate your CRS score without the 600 points, and your application will become ineligible.

I think I've responded to your posts before, and you are going ahead anyway. So good luck. Sometimes IRCC makes errors in applicants' favor.

 

[mukson]

Well, first of all, technically you do not have a valid job offer, because the job offer has to be for "non-seasonal" work. And the fact that you were working for the company and stopped working and plan to start working again will definitely raise some red flags.

Second, it you want to play it as "future" work, then you would need a new LMIA. If you're using the LMIA from your existing job, you need to maintain that job.

You do not have to inform IRCC about "intentions" but you do have to inform them when you do change jobs (if you don't, it could be seen as misrepresentation), at which time they will (should) recalculate your CRS score without the 600 points, and your application will become ineligible.

I think I've responded to your posts before, and you are going ahead anyway. So good luck. Sometimes IRCC makes errors in applicants' favor.

The job offer is for non seasonal work, by the same employer. It is just that I wasn't counting on the fact that I would need to keep on working full time for the same employer while I wait for PR. The company couldn't really do a commitment not knowing whether I would get it or not, hence the job offer stands for next year in case I get PR. I have looked into it in more detail now. Following what this thread has been about, it seems like after you submit your eAPR the change of conditions doesn't affect CRS points anymore. After you submit it you are in and CRS points don't matter and the only thing that may affect my application is actually change of points on FSW scale. Loose of valid job offer takes 10 points off and I need to find 2 extra points somewhere else. Can someone confirm that for me?

 

[mukson]

UPDATE:
Details can be read here, specifically under heading "Change in circumstances after eApr". All you need to do is meet MEC. Note that CRS recalculation requirement only holds until the eApr.
http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

 

[jes_ON]

The job offer is for non seasonal work, by the same employer. It is just that I wasn't counting on the fact that I would need to keep on working full time for the same employer while I wait for PR. The company couldn't really do a commitment not knowing whether I would get it or not, hence the job offer stands for next year in case I get PR. I have looked into it in more detail now. Following what this thread has been about, it seems like after you submit your eAPR the change of conditions doesn't affect CRS points anymore. After you submit it you are in and CRS points don't matter and the only thing that may affect my application is actually change of points on FSW scale. Loose of valid job offer takes 10 points off and I need to find 2 extra points somewhere else. Can someone confirm that for me?

I have read the discussion and to believe that some people have succeeded even with the change of employment circumstance. However, I think the case is overstated - keeping in mind that the Ministerial Instructions addresses the loss of the job.
http://www.cic.gc.ca/english/department/mi/express-entry.asp

The other parallel to consider is that a province can revoke a PNP nomination at any time up to and including the time of landing.

However, the statements on the IRCC website I have referred to in the past have recently disappeared, and it would seem that VOs can and do exercise some discretion. So you may very well succeed with the job changes as planned ... *Likely* as long as your employer validates that your future job offer is still good, it won't affect your FSW score. So you might succeed, it would just be better if you didn't have to test the limits so to speak .... again, good luck --

 

[mukson]

jes_ON, thank you so much for your effort. People on this forum are great. After reading a lot about it I believe this is a loophole that is clearly supported by rules so I don't see why it shouldn't work. But I don't want to play with my FSW score which is why I want to get those extra 5 points which would allow me to sleep better. My common law partner has over a year of full time work experience in Canada but none are skilled work. If I can count that I believe I should have a good chance of succeeding. Thank you again!

 

[mukson]

Not to get too excited too soon, would change of these conditions after eAPR for FSW mean that you would need to show Settlement funds, even though you would work in a different job? I know it would affect the score but it is unclear to me whether even if you keep the score above 67, you would need to meet this new condition if you stop working under LMIA?

 

[fkl]

Not to get too excited too soon, would change of these conditions after eAPR for FSW mean that you would need to show Settlement funds, even though you would work in a different job? I know it would affect the score but it is unclear to me whether even if you keep the score above 67, you would need to meet this new condition if you stop working under LMIA?

I doubt this would be written any where, but logically if you got invite for FSW and the reason you were exempted from POF was your LMIA job, and you lost it, then i expect one would be required to show POF. This is just an opinion though.

 

[Stanlee]

I doubt this would be written any where, but logically if you got invite for FSW and the reason you were exempted from POF was your LMIA job, and you lost it, then i expect one would be required to show POF. This is just an opinion though.

Yes, that is my understanding as well.

 

[jjk505]

Hi everyone this might not be related to the original thread but I haven’t found a topic semi related. I’m outside of canada, and I’m about a week from submitting my eAPR only missing a few translations, but I got offered a new job in my home country which off to course would mean I have to resign to my current job which I have already reported to IRCC, what should you guys recommend me to do?