Job offers

[Keatonnz]

Hi there

If I have a job offer letter and have been invited to apply. but then a month into waiting for PR the business decides the offer will be withdrawn.

1. Can my employer just withdraw the offer before i get PR for no reason? i am assuming yes as its just a job offer letter.
2. Since i have already applied, my understanding is that my offer was valid at the point of application so no change to my profile?

 

[sabensaid92]

When you applied? what stream was that?

 

[scylla]

Hi there

If I have a job offer letter and have been invited to apply. but then a month into waiting for PR the business decides the offer will be withdrawn.

1. Can my employer just withdraw the offer before i get PR for no reason? i am assuming yes as its just a job offer letter.
2. Since i have already applied, my understanding is that my offer was valid at the point of application so no change to my profile?

1. Yes, they can withdraw the job offer.
2. Not necessarily. In many cases the job offer must continue to be valid until you are approved for PR. It's really impossible to answer this question fully without understanding how you have applied for PR (through which program) and exactly where your application stands.

 

[Keatonnz]

1. Yes, they can withdraw the job offer.
2. Not necessarily. In many cases the job offer must continue to be valid until you are approved for PR. It's really impossible to answer this question fully without understanding how you have applied for PR (through which program) and exactly where your application stands.

It would be under Express entry - CEC and federal skilled worker. Currently i am on 463 points(in the pool) with my partner but with job offer i will go to 513 and get through under no program specified.

Essentially my current open work permit ends at the end of Feb, i am LMIA exempt at my employer and on an open work visa. Both my employer and i are not 100% how the landscape will look in Feb but they want to extend me a job offer letternow so that i can start the process of PR and at least have options with a bridging visa when it comes to Feb. There is a chance tho that we get to Feb and i am waiting for PR and they decide to rescind the offer/let my contract end as things do always change in the current economic climate.

My current understanding is however that as the offer is valid once i apply, that is what the law states, then its ok. If the offer is rescinded before i apply however, then i would need to notify immigration accordingly.

sorry i have tried to explain that well.

 

[scylla]

It would be under Express entry - CEC and federal skilled worker. Currently i am on 463 points(in the pool) with my partner but with job offer i will go to 513 and get through under no program specified.

Essentially my current open work permit ends at the end of Feb, i am LMIA exempt at my employer and on an open work visa. Both my employer and i are not 100% how the landscape will look in Feb but they want to extend me a job offer letternow so that i can start the process of PR and at least have options with a bridging visa when it comes to Feb. There is a chance tho that we get to Feb and i am waiting for PR and they decide to rescind the offer/let my contract end as things do always change in the current economic climate.

My current understanding is however that as the offer is valid once i apply, that is what the law states, then its ok. If the offer is rescinded before i apply however, then i would need to notify immigration accordingly.

sorry i have tried to explain that well.

If you are on an open work permit, you need an LMIA supported job offer to claim the 50 points.

The only way to claim the 50 points if you are LMIA exempt, is to be on a closed work permit (where your employer is named on the work permit) and to have worked for that employer on that work permit for at least a year in Canada.

Based on what you've written, you don't qualify for the 50 job offer points.

 

[Keatonnz]

If you are on an open work permit, you need an LMIA supported job offer to claim the 50 points.

The only way to claim the 50 points if you are LMIA exempt, is to be on a closed work permit (where your employer is named on the work permit) and to have worked for that employer on that work permit for at least a year in Canada.

Based on what you've written, you don't qualify for the 50 job offer points.

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In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.

Your employer doesn’t need an LMIA to support your job offer if:

1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
2. you have a valid job offer, and
3. you have a valid work permit that is exempt from an LMIA under:
   • an international agreement
   • a federal-provincial agreement
   • the “Canadian interests” category

Note: For skilled trade jobs, up to 2 employers can make a job offer. You must work for both those employers.

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Note i meet all three. Mine is exempt under the international agreement. and i have worked here for 18 months.

 

[scylla]

I believe you are incorrect here.
----------------------------------------
In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.

Your employer doesn’t need an LMIA to support your job offer if:

1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
2. you have a valid job offer, and
3. you have a valid work permit that is exempt from an LMIA under:
   • an international agreement
   • a federal-provincial agreement
   • the “Canadian interests” category

Note: For skilled trade jobs, up to 2 employers can make a job offer. You must work for both those employers.

----------------------------------------

Npte i meet all three. Mine is exempt under the international agreement.

I'm not incorrect.

Click on the "valid job offer" link in what you've quoted and read the full details here.

You need an LMIA.

 

[Keatonnz]

My understanding is i am also ok if they rescind as i meet this.

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Section 11.2 of the Immigration and Refugee Protection Act (IRPA) includes the authority that supports the Express Entry system.

Under section A11.2, an officer may not issue a visa to an applicant who did not meet the Express Entry minimum entry criteria (MEC), did not possess the qualifications for which they received their CRS score, or did not meet the criteria to be a member of a category (if applicable) at the time when

• the invitation to apply (ITA) was issued or
• the e-APR was received by IRCC

----------------------------------------

As everything was calculated at the time i applied. i am ok.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

 

[scylla]

My understanding is i am also ok if they rescind as i meet this.

----------------------------------------

Section 11.2 of the Immigration and Refugee Protection Act (IRPA) includes the authority that supports the Express Entry system.

Under section A11.2, an officer may not issue a visa to an applicant who did not meet the Express Entry minimum entry criteria (MEC), did not possess the qualifications for which they received their CRS score, or did not meet the criteria to be a member of a category (if applicable) at the time when

• the invitation to apply (ITA) was issued or
• the e-APR was received by IRCC

----------------------------------------

As everything was calculated at the time i applied. i am ok.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

Again, you don't qualify for the 50 points so this discussion is moot. Please read the full details. Specifically:

• if you have a valid work permit for a NOC TEER 0, 1, 2 or 3 job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
  • have one year of full-time work experience (or an equal amount of part-time work) for that employer
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

 

[scylla]

Please read this part

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Federal skilled workers and Canadian experience class
A job offer is valid if the job is

• working for one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• not seasonal
• for at least 1 year after we issue your permanent resident visa
• in a NOC TEER category 0, 1, 2 or 3

It also must be made :

• by an employer with a new positive LMIA that approves the offer and names you and your position OR
• if you’re currently working in Canada in a NOC TEER 0, 1, 2 or 3 job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
• if you have a valid work permit for a NOC TEER 0, 1, 2 or 3 job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
  • have one year of full-time work experience (or an equal amount of part-time work) for that employer
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

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Note the OR. I am in this category and exempt from an LMIA.

You don't meet this criteria:

• are currently working for an employer specified on the work permit

 

[Keatonnz]

You don't meet this criteria:

• are currently working for an employer specified on the work permit

hmm i see your point.

 

[Keatonnz]

Your employer must get a new LMIA if:

• your work permit has expired
• you’re working on an open work permit
• you have a job offer from an employer not listed on your work permit

You are right. thanks for explaining. Thats rather annoying...

 

[scylla]

It makes no sense to be honest. As i have an open work permit so don't need them listed on my work permit at all.

• if you have a valid work permit for a NOC TEER 0, 1, 2 or 3 job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
  • have one year of full-time work experience (or an equal amount of part-time work) for that employer
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

It does make sense when you consider that there are closed work permits which are LMIA exempt (e.g. ICT). This is who this rule is directed towards.

Those on an open work permit need an approved LMIA.

Ultimately it's irrelevant if this makes sense to you or not. That's the rule.