TR TO PR Refusal based on lay off

[UKRHUL]

Hello Everyone,
I received refusal letter from IRCC. stating i was not employed when i filed for TR to PR.
I was working in winners and last date of my work was 2021/04/19 and then government closed all the store for covid reasons and i was back on work when store opened.
IRCC saying in between I was not employed.
Can I apply for reconsideration?
Please guide me

This is from the letter.

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."

Thank you

 

[Ponga]

Hello Everyone,
I received refusal letter from IRCC. stating i was not employed when i filed for TR to PR.
I was working in winners and last date of my work was 2021/04/19 and then government closed all the store for covid reasons and i was back on work when store opened.
IRCC saying in between I was not employed.
Can I apply for reconsideration?
Please guide me

This is from the letter.

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."

Thank you

Based on the information in the letter from IRCC, I suspect you would need to reapply. The fact is that on the day that you submitted your application, you were NOT employed, correct? You might consider speaking with a lawyer to determine what your best option is now..

Good luck!

 

[UKRHUL]

Based on the information in the letter from IRCC, I suspect you would need to reapply. The fact is that on the day that you submitted your application, you were NOT employed, correct? You might consider speaking with a lawyer to determine what your best option is now..

Good luck!

I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks

 

[Ponga]

I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks

Perhaps, but it sounds like IRCC sees it differently.

Were you still being paid by your employer when the store was closed?

The problem is that you and your employer both provided evidence that you were NOT employed when your application was received by IRCC:

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."

 

[scylla]

I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks

Temporary layoff means you were unemployed during this period.

 

[UKRHUL]

Perhaps, but it sounds like IRCC sees it differently.

Were you still being paid by your employer when the store was closed?

The problem is that you and your employer both provided evidence that you were NOT employed when your application was received by IRCC:

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."

This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.

 

[scylla]

This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.

Yes, but temporary layoff are classified as periods of unemployment. For example, you can apply for EI with temporary layoffs. Your company is not paying you during this period so it is not classified as employment.

 

[Ponga]

This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.

You were laid off, which is NOT the same as being on vacation.

 

[scylla]

Just to add, if you want to try to flight this decision, then I think you will need to appeal with the help of a lawyer. I dont know what the chances of success will be. That's a good discussion to have with a lawyer. Good luck.

 

[UKRHUL]

Yes, but temporary layoff are classified as periods of unemployment. For example, you can apply for EI with temporary layoffs. Your company is not paying you during this period so it is not classified as employment.

Ok, So should I apply for re-consideration? because COVID was not our fault. Temporary layoff was only for 2 weeks.

 

[UKRHUL]

You were laid off, which is NOT the same as being on vacation.

Ok

Just to add, if you want to try to flight this decision, then I think you will need to appeal with the help of a lawyer. I dont know what the chances of success will be. That's a good discussion to have with a lawyer. Good luck.

Ok, i will talk to lawyer about it.
Thanks

 

[scylla]

Ok, So should I apply for re-consideration? because COVID was not our fault. Temporary layoff was only for 2 weeks.

See my next post above. I think you will need to appeal with the help of a lawyer.

 

[UKRHUL]

See my next post above. I think you will need to appeal with the help of a lawyer.

If I apply for appeal. Can it create problem in future applications? like if i go with CEC in future then.

 

[scylla]

If I apply for appeal. Can it create problem in future applications? like if i go with CEC in future then.

No, this shouldn't cause issues.

 

[UKRHUL]

Temporary layoff means you were unemployed during this period.

I am not sure if this is correct. I just checked on a website.

What is a temporary layoff?
A temporary layoff is when an employer temporarily stops an employee’s work with the intention of bringing them back to work at a later date. It’s important to note that a temporary layoff is not the same as a termination of employment. While a termination means the end of the employment relationship, a temporary layoff means the employee is still employed but not currently working.