Express entry weird situation

[Harsharya]

I have a unique situation. I have applied my express entry under CEC (LMIA exempt category). My AOR is June 2. In August, I came to know my project is moving from Canada to USA. Therefore I need to relocate to USA in mid November or December. My work permit is valid till October 2025 and company is going to remain the same. My question what will happen to PR application in case I need to travel to USA. I do not want to apply for BOWP as I read a post on Facebook that someone PR application was denied due to the approval of BOWP. Please suggest.

 

[scylla]

I have a unique situation. I have applied my express entry under CEC (LMIA exempt category). My AOR is June 2. In August, I came to know my project is moving from Canada to USA. Therefore I need to relocate to USA in mid November or December. My work permit is valid till October 2025. My question what will happen to PR application in case I need to travel to USA. I do not want to apply for BOWP as I read a post on Facebook that someone PR application was denied due to the approval of BOWP. Please suggest.

Have you claimed 50 points for having a job offer?

 

[Harsharya]

Have you claimed 50 points for having a job offer?

Yes I am on LMIA exempt claimed points of offer letter.

 

[scylla]

Yes I am on LMIA exempt claimed points of offer letter.

Then your situation is a bit complex since to qualify for the 50 points under the LMIA exempt visa, you need to be working for that employer in Canada . If your company relocates you, then you risk having IRCC say you no longer qualify for the 50 points. If you no longer qualify for the 50 points and drop below the cut off for that draw, IRCC will refuse your application. I'm not sure there's really anything you can do but wait to see how quickly IRCC processes your application and see if you receive an ADR or PFL regarding having left your job in Canada. This could go either way for you.

 

[Harsharya]

Thats the thing.. my company is not firing me. I am still working for the same company but for different location. My work permit will still be valid. As per Aor document if I loose job then i need to inform IRCC. In this case I am not loosing job or going out of status.

 

[scylla]

Thats the thing.. my company is not firing me. I am still working for the same company but for different location. My work permit will still be valid. As per Aor document if I loose job then i need to inform IRCC. In this case I am not loosing job or going out of status.

Yes, but you are no longer working in Canada. To claim the 50 points under an LMIA exempt work permit, you need to be working in Canada for the employer mentioned on your work permit and your employer is supposed to indicate that you will continue to be employed (in Canada) for at least a year after you get PR. It's going to be a matter of timing and luck whether IRCC notices you've moved and/or does anything about it.