What happens if FSW PR owner with an LMIA Job Offer was fired after 3 months?

[Carmageddon]

I mean, what happens if I were to get a job offer, supported by LMIA, for "permanent, full-time employment", but suddenly after 3 months, the company "realizes" the position is no longer required?

What are the reprecussions to:

• My PR status
• The company which offered the Job and fired after 3 months

I mean, those things happen.. so what happens when they do?

 

[Dr_Midnite]

I mean, what happens if I were to get a job offer, supported by LMIA, for "permanent, full-time employment", but suddenly after 3 months, the company "realizes" the position is no longer required?

What are the reprecussions to:

• My PR status
• The company which offered the Job and fired after 3 months

I mean, those things happen.. so what happens when they do?

Hi

No impact on PR status as an LMIA allows does not allow you to obtain PR status, it allows you to obtain a temporary foreign work permit tied to the employer.

If the company has reason to determine if the job is no longer required then they can complete a reduction in force provided they do not break any employment rules. Essentially it is redundancy and not being fired. As such if the job has gone then your work permit is not valid as it will not allow you to work for another employer.

Thx

A

 

[Carmageddon]

Hi

No impact on PR status as an LMIA allows does not allow you to obtain PR status, it allows you to obtain a temporary foreign work permit tied to the employer.

If the company has reason to determine if the job is no longer required then they can complete a reduction in force provided they do not break any employment rules. Essentially it is redundancy and not being fired. As such if the job has gone then your work permit is not valid as it will not allow you to work for another employer.

Thx

A

Thanks, but I am talking about LMIA for sponsoring a PR applicant, while after 3 months the company decides that the position is no longer needed.
Remember in that situation the worker arrived because of a job offer...

 

[Dr_Midnite]

Thanks, but I am talking about LMIA for sponsoring a PR applicant, while after 3 months the company decides that the position is no longer needed.
Remember in that situation the worker arrived because of a job offer...

Hi

Really do not understand this question. The LMIA as I understand it replaced the old LMO. This allows an employer to hire a foreign worker on a work permit. An employee could then work for 1 year and apply for PR under CEC, however PR is a by-product of the TFWP and the the LMIA is never intended to sponsor anyone for PR.

Correct you only come to the country because of that permit, however faced with a situation whereby a company has to reduce its workforce it has the right to eliminate positions as it needs. Don't forget companies have to pay fees to have an LMIA completed, plus hiring and and relocating foreign workers is also expensive. It may not seem fair but the company is doing nothing wrong provided it complies with labour laws.

Thx

A

 

[zardoz]

Thanks, but I am talking about LMIA for sponsoring a PR applicant, while after 3 months the company decides that the position is no longer needed.
Remember in that situation the worker arrived because of a job offer...

I think that the answer is that even if you were to try and claim 600 points, and you were sent an ITA, checking for the FSW application would show that the employer was no longer providing a job offer and it would fail. If the company were found to be aiding misrepresentation, they could be in serious trouble. If you were found to have been colluding with them, you are looking at a 5 year ban from Canada and further PR applications. I can read between the lines. Assume that CIC have this covered.

 

[Carmageddon]

I think that the answer is that even if you were to try and claim 600 points, and you were sent an ITA, checking for the FSW application would show that the employer was no longer providing a job offer and it would fail. If the company were found to be aiding misrepresentation, they could be in serious trouble. If you were found to have been colluding with them, you are looking at a 5 year ban from Canada and further PR applications. I can read between the lines. Assume that CIC have this covered.

No, assume that I have got the PR via the EE system, AND worked for 3 months, doing the designated work.
But after 3 months, say the company re-evaluates the position, and decides it is no longer needed (or even before that, I find an alternative job, more suitable to me personally!).

In such a scenario, is there any risk? Am I allowed to change work so soon after getting the PR and working for just a little? Are they legally allowed to terminate the position with some explanation why it is no longer needed (eg changing business needs etc), without compromising my new PR status?

 

[zardoz]

No, assume that I have got the PR via the EE system, AND worked for 3 months, doing the designated work.
But after 3 months, say the company re-evaluates the position, and decides it is no longer needed (or even before that, I find an alternative job, more suitable to me personally!).

In such a scenario, is there any risk? Am I allowed to change work so soon after getting the PR and working for just a little? Are they legally allowed to terminate the position with some explanation why it is no longer needed (eg changing business needs etc), without compromising my new PR status?

If PR has already been granted, I can't see any repercussions for either party. At that point, CIC will have closed the file, and the PR status is not conditional.

 

[Carmageddon]

If PR has already been granted, I can't see any repercussions for either party. At that point, CIC will have closed the file, and the PR status is not conditional.

Thank you!