Procedural Fairness Letter for Job Offer in Canada After Successful PNP

[india2can2024]

Dear Seniors,

My case is little different than those posting related to this in this forum.

I received a job offer from a company in Canada back in 2022, and got success with PNP and applied for EE PR after that in the first quarter of the last year.

Everything seemed good, however, during the mid of last year the company that offered me the job got some legal issues with their banking partners as they were not able to pay loan EMIs on time and they are being scrutinized for fraud and facing Receivership. All of their communication and business operations for the time being are frozen.

IRCC tried contacting the company multiple times to verify details of my job offer, however, they didn't hear back for months and sent me the Procedural Fairness Letter with a 5 year ban warning doubting the job offer is fake.

However, upon my request the employer cooperated with me and offered a job in their sister concern company which is in business for a few years, and the letter says that I will be working with the new organization meanwhile the issue is resolved.

I am very much afraid of the outcome.

I would great appreciate your thoughts on this.

 

[scylla]

Dear Seniors,

My case is little different than those posting related to this in this forum.

I received a job offer from a company in Canada back in 2022, and got success with PNP and applied for EE PR after that in the first quarter of the last year.

Everything seemed good, however, during the mid of last year the company that offered me the job got some legal issues with their banking partners as they were not able to pay loan EMIs on time and they are being scrutinized for fraud and facing Receivership. All of their communication and business operations for the time being are frozen.

IRCC tried contacting the company multiple times to verify details of my job offer, however, they didn't hear back for months and sent me the Procedural Fairness Letter with a 5 year ban warning doubting the job offer is fake.

However, upon my request the employer cooperated with me and offered a job in their sister concern company which is in business for a few years, and the letter says that I will be working with the new organization meanwhile the issue is resolved.

I am very much afraid of the outcome.

I would great appreciate your thoughts on this.

Did the letter from your employer explain why they have not responded to IRCC's requests, including explaining the receivership situation?

Ultimately it's difficult for any of us to say what will happen. You'll just have to wait and see.

 

[india2can2024]

Did the letter from your employer explain why they have not responded to IRCC's requests, including explaining the receivership situation?

Ultimately it's difficult for any of us to say what will happen. You'll just have to wait and see.

Highly appreciate your quick response.

I really forgot to mention that emails and phone calls from IRCC to my employer were bounced as both were not working after this Receivership thing started. That’s why IRCC thought I sent them fake job offer, though same job offer was verified by PNP before they approved it.

My employer gave a detailed response and answered all the questions asked by IRCC after I received this letter.

Some of their questions were:
- email in the website isn’t working
- phone number isn’t working etc…
And they tried calling and emailing them multiple times.

On my end, I submitted all supporting documents received from employer including a latest email communication, described the situation, personal contact details of 2-3 people from the company with their reference letters confirming my employment.

Although, the letter that I received from employer mentioned that I will be working with their sister company until there is a resolution.

I don’t know if that helps.

 

[india2can2024]

Highly appreciate your quick response.

I really forgot to mention that emails and phone calls from IRCC to my employer were bounced as both were not working after this Receivership thing started. That’s why IRCC thought I sent them fake job offer, though same job offer was verified by PNP before they approved it.

My employer gave a detailed response and answered all the questions asked by IRCC after I received this letter.

Some of their questions were:
- email in the website isn’t working
- phone number isn’t working etc…
And they tried calling and emailing them multiple times.

On my end, I submitted all supporting documents received from employer including a latest email communication, described the situation, personal contact details of 2-3 people from the company with their reference letters confirming my employment.

Although, the letter that I received from employer mentioned that I will be working with their sister company until there is a resolution.

I don’t know if that helps.

also the letter from employer didn’t mention about the receivership, all that said was that they were having a dispute and fraud case against one of their partners and said it is a confidential matter.

 

[scylla]

also the letter from employer didn’t mention about the receivership, all that said was that they were having a dispute and fraud case against one of their partners and said it is a confidential matter.

There's not much you can do but wait and hope for the best outcome. I don't think it's really possible for any of us to guess what that will be. Good luck.

 

[india2can2024]

There's not much you can do but wait and hope for the best outcome. I don't think it's really possible for any of us to guess what that will be. Good luck.

Thanks. Really appreciate your feedback. Fingers crossed

 

[canuck78]

Dear Seniors,

My case is little different than those posting related to this in this forum.

I received a job offer from a company in Canada back in 2022, and got success with PNP and applied for EE PR after that in the first quarter of the last year.

Everything seemed good, however, during the mid of last year the company that offered me the job got some legal issues with their banking partners as they were not able to pay loan EMIs on time and they are being scrutinized for fraud and facing Receivership. All of their communication and business operations for the time being are frozen.

IRCC tried contacting the company multiple times to verify details of my job offer, however, they didn't hear back for months and sent me the Procedural Fairness Letter with a 5 year ban warning doubting the job offer is fake.

However, upon my request the employer cooperated with me and offered a job in their sister concern company which is in business for a few years, and the letter says that I will be working with the new organization meanwhile the issue is resolved.

I am very much afraid of the outcome.

I would great appreciate your thoughts on this.

Is it a similar job? It seems very unusual that they would be hiring while sister company is in receivership. Is the company profitable and how many employees are currently working there? Does the job involve rare skills that are difficult to find in Canada? If immigration was not involved I find it pretty unlikely that job would be offered at the sister company during a time and employer would spend time and money dealing with IRCC. The fact that they were evasive about receivership also could raise questions if it is discovered that they are in receivership. If immigration wasn’t involved you would have walked away from this employer a long time ago which also raises concerns about potential payments involved for this job offer. As already said it is impossible to predict what the outcome will be but there are certainly a lot of red flags with the limited amount of information you provided. IRCC has approved jobs with significant red flags before so you never know. Would suggest looking for back-up options while you wait since no matter what this employer doesn’t look very reliable.

 

[india2can2024]

Is it a similar job? It seems very unusual that they would be hiring while sister company is in receivership. Is the company profitable and how many employees are currently working there? Does the job involve rare skills that are difficult to find in Canada? If immigration was not involved I find it pretty unlikely that job would be offered at the sister company during a time and employer would spend time and money dealing with IRCC. The fact that they were evasive about receivership also could raise questions if it is discovered that they are in receivership. If immigration wasn’t involved you would have walked away from this employer a long time ago which also raises concerns about potential payments involved for this job offer. As already said it is impossible to predict what the outcome will be but there are certainly a lot of red flags with the limited amount of information you provided. IRCC has approved jobs with significant red flags before so you never know. Would suggest looking for back-up options while you wait since no matter what this employer doesn’t look very reliable.

Thanks for your reply.

Yes it is a similar job profile, which isn't easy to find in Canada, and sister concern isn't the same group company, it is just one of the partners of the old company who owns a business separately, which is in business for last 2-3 years. Although the offer letter mentioned the new company as Powered by the old company, not sure why is that. I also believe that they are in good standing, rest I don't know as I am not their employee yet and why would employer give me so many details.

And, I believe you are somehow also concerned whether the job is LMIA based, no it's not. Its a Alberta based business and I applied under Alberta Tech program.

So, in short, one of the partners of the old/original organization that offered me job is now offering me a job in his different organization. What he said in explanation is that his partner did some fraud transactions and I believe for the same they have receivership going on after court order (although they didn't tell me about receivership, I just found out the same after a deep research online). Honestly, I don't know the reality as they said it has been deemed confidential by the court orders and I believe that is logically fine, none wants to highlight such issues in public because of business and personal reputation. I hope you can understand. Rest only God knows.

My main concern is when employer says that I will be working with the new company until this issue is resolved with the original company. Whether this is legally fine as per IRCC or not?

That's all I know about this. No issues in my documentation, or at my end. Its only employer side.

Please share your valuable inputs.