IRCC ADR asking for "Current offer of employment from Canadian Employer" after 4 years of application processing

[ianmallet]

My PNP paper application has been going on since April 2018 ( Received AOR )

I received medical request in 2019 which has expired as of now and I got married 3 months ago. ( Updated CIC )

Received ADR recently asking for "Current offer of employment from Canadian Employer" along with a few other documents. My employer who had helped me with provincial nomination 3+ years ago is obviously refusing any further support since I've been outland since then.

Please, please advise what should I do? Thanks.

 

[Naturgrl]

My PNP paper application has been going on since April 2018 ( Received AOR )

I received medical request in 2019 which has expired as of now and I got married 3 months ago. ( Updated CIC )

Received ADR recently asking for "Current offer of employment from Canadian Employer" along with a few other documents. My employer who had helped me with provincial nomination 3+ years ago is obviously refusing any further support since I've been outland since then.

Please, please advise what should I do? Thanks.

If based on a job offer and your employer is no longer supporting the nomination, then you would withdraw it. If you received PNP without a job offer (points for it) then write a letter that you don’t have one.

 

[moscatojuices]

If based on a job offer and your employer is no longer supporting the nomination, then you would withdraw it. If you received PNP without a job offer (points for it) then write a letter that you don’t have one.

Why withdraw the application?

Before I provide my suggestion let me get something from OP straight.

OP why did you become outland? Did your work permit expire? Were you not able to obtain a temporary work permit with a work permit support letter along with your provincial nomination?

 

[Naturgrl]

Why withdraw the application?

Before I provide my suggestion let me get something from OP straight.

OP why did you become outland? Did your work permit expire? Were you not able to obtain a temporary work permit with a work permit support letter along with your provincial nomination?

Correct and need to know if PNP nomination was based on getting points from a job offer.

 

[moscatojuices]

Correct and need to know if PNP nomination was based on getting points from a job offer.

If this is the case, wouldn't IRCC be at fault or partial fault here? They exceeded service standard time significantly (I mean 48 months seems grounds for a writ of mandamus given PNP processing times were <24 months pre-pandemic).

How is it reasonably possible for OP to hold onto a job if his work permit expires and he has to become outland, and the IRCC or province does not provide a work permit support letter or any avenue for him to stay and maintain nomination?

This is what I'm trying to establish here. On that basis, I am saying that the OP should word his Letter of Explanation to reflect that the job was only lost because a) his work permit expired, and b) no remedy was provided to OP for him to be able to legally stay and continue working.

I don't think the application should be withdrawn, but I'll await what OP has to say.

 

[Naturgrl]

If this is the case, wouldn't IRCC be at fault or partial fault here? They exceeded service standard time significantly (I mean 48 months seems grounds for a writ of mandamus given PNP processing times were <24 months pre-pandemic).

How is it reasonably possible for OP to hold onto a job if his work permit expires and he has to become outland, and the IRCC or province does not provide a work permit support letter or any avenue for him to stay and maintain nomination?

This is what I'm trying to establish here. On that basis, I am saying that the OP should word his Letter of Explanation to reflect that the job was only lost because a) his work permit expired, and b) no remedy was provided to OP for him to be able to legally stay and continue working.

I don't think the application should be withdrawn, but I'll await what OP has to say.

But is OP even in Canada or was it an outland nomination with job offer? OP’s posts state visa office as New Delhi. If outland, the employer would have moved on years ago.

 

[ianmallet]

Why withdraw the application?

Before I provide my suggestion let me get something from OP straight.

OP why did you become outland? Did your work permit expire? Were you not able to obtain a temporary work permit with a work permit support letter along with your provincial nomination?

After helping with my provincial nomination, when my PGWP was about to expire (1 year), my employer did not want to pay the $200 fee for the closed work permit required while my PR application was under process. I even offered to pay it myself but they refused to.

So I had to become outland.

 

[moscatojuices]

I would

After helping with my provincial nomination, when my PGWP was about to expire (1 year), my employer did not want to pay the $200 fee for the closed work permit required while my PR application was under process. I even offered to pay it myself but they refused to.

So I had to become outland.

I want to be sure of something here. You have to pay your own work permit fee - that is not an employer cost.

Are you referring to the $200 (it's actually $230 now) employer compliance fee?

 

[ianmallet]

I want to be sure of something here. You have to pay your own work permit fee - that is not an employer cost.

Are you referring to the $200 (it's actually $230 now) employer compliance fee?

Sorry yes, I meant the employer compliance fee.

 

[moscatojuices]

Sorry yes, I meant the employer compliance fee.

Oh............

How far were you in your PNP processing time before your work permit expired?

 

[ianmallet]

Oh............

How far were you in your PNP processing time before your work permit expired?

I had my provincial nomination of course. The PR application was not filled and was filled after I became outland.

 

[ianmallet]

But is OP even in Canada or was it an outland nomination with job offer? OP’s posts state visa office as New Delhi. If outland, the employer would have moved on years ago.

I really hope there's something I can do than just withdraw my application. It feels like I'm in a mental prison since a long time now.

 

[moscatojuices]

I had my provincial nomination of course. The PR application was not filled and was filled after I became outland.

Which province nominated you? Did you receive a work permit support letter? Did any of these letters explicitly state something along the lines of: "You must contact the [PROVINCE] to inform our office of any changes to marital or family status, change in address and change in employment status prior to receiving permanent resident status."?

And to be sure:

• Was your nomination certificate attached to your employer?
• Did you send your PR application after you lost your job due to the expiry of your permit?

 

[ianmallet]

Which province nominated you? Did you receive a work permit support letter? Did any of these letters explicitly state something along the lines of: "You must contact the [PROVINCE] to inform our office of any changes to marital or family status, change in address and change in employment status prior to receiving permanent resident status."?

And to be sure:

• Was your nomination certificate attached to your employer?
• Did you send your PR application after you lost your job due to the expiry of your permit?

• Was your nomination certificate attached to your employer?

Yes, my nomination letter had a 'Yes' under "Restrictions on employment".

• Did you send your PR application after you lost your job due to the expiry of your permit?

This is slightly confusing because the employer helped me with a freshly dated job offer after I filed my PR application from within Canada and it was returned on account of having missed a signature. So they helped me when I was outland with a new job offer at that point of time ( and SINP had asked me for the new job offer as well to generate a revised nomination certificate since my original nomination had expired )

Filed my PR application from within Canada when I had a valid PGWP and when I was in Canada >> Returned to me because of a missed signature >> Filed again from outland ( Same employer helped at that point of time with new job offer who had helped with provincial nomination. This was in 2018 )

Nominating province was SK. I did receive a work permit support letter.

In the letter it exactly states,

"you must contact the SINP to inform our office of any changes to marital or family status and to notify us of any changes of address prior to receiving permanent resident status"

 

[moscatojuices]

• Was your nomination certificate attached to your employer?

Yes, my nomination letter had a 'Yes' under "Restrictions on employment".

• Did you send your PR application after you lost your job due to the expiry of your permit?

This is slightly confusing because the employer helped me with a freshly dated job offer after I filed my PR application from within Canada and it was returned on account of having missed a signature. So they helped me when I was outland with a new job offer at that point of time ( and SINP had asked me for the new job offer as well to generate a revised nomination certificate since my original nomination had expired )

Filed my PR application from within Canada when I had a valid PGWP and when I was in Canada >> Returned to me because of a missed signature >> Filed again from outland ( Same employer helped at that point of time with new job offer who had helped with provincial nomination. This was in 2018 )

Nominating province was SK. I did receive a work permit support letter.

In the letter it exactly states,

"you must contact the SINP to inform our office of any changes to marital or family status and to notify us of any changes of address prior to receiving permanent resident status"

I'm confused, in the post before you stated: "The PR application was not filled and was filled after I became outland."

Now you state: "Filed my PR application from within Canada when I had a valid PGWP and when I was in Canada."

Regardless, basically what happened was:

• You got your SINP Nomination/Work Permit Support Letter in 2018
• You applied for PR at some stage
• You started your Closed Work Permit application using your Work Permit Support Letter
• Because your employer refused to pay the Employer Compliance Fee and give you the Offer of Employment number required in your Immigration Form 5710: "Application to change conditions, extend my stay or remain in Canada as a worker", you couldn't apply to extend your work permit

Interesting that your SINP letter does not state that you must tell the SINP about changes in your employment status - if they didn't ask you to tell them that, then you don't need to tell them that I guess.

@Naturgrl in my opinion OP should state in an LoE that he does not have a current offer of employment and had left Canada after his PGWP had expired.