Once a candidate becomes PR Is that person free to leave employer?

[Banff2015]

What happens guys if a person gets pr 6 months into a 2 year lmia?? And he used that lmia for a perm job offer and the 600 points? Is the Candidate free to move company's? Or is he tied to said employer still? Also what's the legal situation could employer get the pr of candidate revoked for leaving?

 

[PMM]

Hi

What happens guys if a person gets pr 6 months into a 2 year lmia?? And he used that lmia for a perm job offer and the 600 points? Is the Candidate free to move company's? Or is he tied to said employer still? Also what's the legal situation could employer get the pr of candidate revoked for leaving?

1. Once you have PR, you are free to leave the employer anytime you wish. The employer can't have your status revoked.

 

[Banff2015]

Even though the person left say 6 months into a 2 year duel intent lmia? And the reason he got the pr was beacuse of the lmia.. Could the company not get angry and try to revoke?? Thanks this makes me happy to hear that..

 

[Leon]

The employer getting a 2 year LMIA does not mean you are slave bound to the employer for 2 years. You have to look at your work contract for your notice period and what happens if you leave (normally nothing). However, some employers have written it into their contracts with foreign workers that if they leave within the contract period, they should reimburse the employer for his costs regarding the LMIA and work permit. However, such contracts are illegal in many provinces so if you have a clause like that in your contract, you should talk to a lawyer to find out if it is legitimate.

 

[Banff2015]

Thanks so it does not mention an lmia in my contract as when I started the job the company already had an open lmia which I got.. Thanks for your detailed post

 

[kateg]

The employer getting a 2 year LMIA does not mean you are slave bound to the employer for 2 years. You have to look at your work contract for your notice period and what happens if you leave (normally nothing). However, some employers have written it into their contracts with foreign workers that if they leave within the contract period, they should reimburse the employer for his costs regarding the LMIA and work permit. However, such contracts are illegal in many provinces so if you have a clause like that in your contract, you should talk to a lawyer to find out if it is legitimate.

They have to disclose this when they apply for the LMIA:

A number of provinces/territories prohibit the charging of recruitment fees to TFWs for the purpose of securing a job offer. Have you the employer or any
other third-party in connection to this job offer received payment from the TFWs to secure this offer of employment?

 

[Leon]

They have to disclose this when they apply for the LMIA:

At the point they might have applied for the LMIA, the employee would not have paid anything yet but they might still put it in the job contract with the employer that the employee has to pay these costs if he leaves before the end of the contract.

A few years ago, I was working for an employer who did exactly that. They had plenty of TFW's and they didn't mind if they changed their mind about Canada and went home but if they wanted to leave the company and work for the competition, they tried to scare them with these contracts. They didn't just want the cost of LMIA and work permit but also the cost of hiring through an employment agency and getting the LMIA and work permit processed for them by said agency. The cost per person was something like $3000. This was illegal in their province so after talking to a lawyer and employment standards, those who wanted to leave just did and the employer could only go so far as to have his lawyer write them a nasty letter. That was it.