CRS Points never awarded

[Rockologist]

Roughly a year ago, I entered the EE pool, but did not reach the CRS threshold before my PGWP was set to expire. My employer, who I'd been with the entire duration of my PGWP although only PT, gave me a LMIA EXEMPT job offer (our non-profit organization is too small and specialized to obtain an LMIA, which also screwed me out of a BC PNP), and under NAFTA, I was given a 1 year closed, NOC B permit. My intention at the time was to keep myself in the pool although after almost 10 years of applying for study and work permits, I was pretty disheartened and keeping my eye on returning to the US.
Recently, I was weighing this option again, and discovered that when I had updated my profile with this new permit, I wasn't awarded the 50 points for the job offer, where I believe I should have been, even though it wouldn't have pushed me over the CRS minimums I've tracked. The only reason this came to my attention was because I was trying to see if the extra work experience gained in that time would boost me above 445, which according to the CRS calculator on the CIC site, SHOULD put me at. However, on my EE profile, it still reads 370, which is actually a drop of 25 points. That drop came after updating my work hours accrued this past year. Contacted tech support, and no help there. Trying to contact an officer, but reading though the forums, I don't expect much clarity there, either.
The easiest solution is obviously to extend my work permit, but my employer was randomly selected for an FSW audit by Service Canada and are awaiting the results to see if they're going to be in standings (there were some discrepancies in the job offer vs the actual work available, due to an emergency structural change which zapped a huge portion of funds and my hours got cut, which I understood and had no problem with).
I'm meeting with a lawyer next week to discuss this further, but I'm wondering if anyone has had this experience and if they tried to get CRS points retroactively applied. I feel that if these points had been applied and my work experience updated through their portal correctly, I should have been eligible for an ITA by now. My stress is that even if the WE points are added, if they require me to get another job offer for the CRS points I claimed and never received, I'll still have to return to the States if I can't get that offer due to the audit.

 

[scylla]

Roughly a year ago, I entered the EE pool, but did not reach the CRS threshold before my PGWP was set to expire. My employer, who I'd been with the entire duration of my PGWP although only PT, gave me a LMIA EXEMPT job offer (our non-profit organization is too small and specialized to obtain an LMIA, which also screwed me out of a BC PNP), and under NAFTA, I was given a 1 year closed, NOC B permit. My intention at the time was to keep myself in the pool although after almost 10 years of applying for study and work permits, I was pretty disheartened and keeping my eye on returning to the US.
Recently, I was weighing this option again, and discovered that when I had updated my profile with this new permit, I wasn't awarded the 50 points for the job offer, where I believe I should have been, even though it wouldn't have pushed me over the CRS minimums I've tracked. The only reason this came to my attention was because I was trying to see if the extra work experience gained in that time would boost me above 445, which according to the CRS calculator on the CIC site, SHOULD put me at. However, on my EE profile, it still reads 370, which is actually a drop of 25 points. That drop came after updating my work hours accrued this past year. Contacted tech support, and no help there. Trying to contact an officer, but reading though the forums, I don't expect much clarity there, either.
The easiest solution is obviously to extend my work permit, but my employer was randomly selected for an FSW audit by Service Canada and are awaiting the results to see if they're going to be in standings (there were some discrepancies in the job offer vs the actual work available, due to an emergency structural change which zapped a huge portion of funds and my hours got cut, which I understood and had no problem with).
I'm meeting with a lawyer next week to discuss this further, but I'm wondering if anyone has had this experience and if they tried to get CRS points retroactively applied. I feel that if these points had been applied and my work experience updated through their portal correctly, I should have been eligible for an ITA by now. My stress is that even if the WE points are added, if they require me to get another job offer for the CRS points I claimed and never received, I'll still have to return to the States if I can't get that offer due to the audit.

Since you hold an open work permit (PGWP) with no employer named on the work permit, you need an approved LMIA to get the 50 points. This is a very clear and hard/fast rule. No point meeting with a lawyer - he/she can't do anything to change this.

 

[Rockologist]

Since you hold an open work permit (PGWP) with no employer named on the work permit, you need an approved LMIA to get the 50 points. This is a very clear and hard/fast rule. No point meeting with a lawyer - he/she can't do anything to change this.

No, I was on a PGWP BEFORE and ran into the problem, and so in April of 2018 obtained an LMIA Exempt CLOSED permit and 1 year job offer. That permit is set to expire soon, and I'm not sure I will be able to get that permit extended. The 50 pts were NOT awarded at the time of updating my EE profile, and now I'm expecting they won't count as this employment offer of 1 year is coming up to it's expiration.
Sorry for the confusion of my OP.

 

[jes_ON]

No, I was on a PGWP BEFORE and ran into the problem, and so in April of 2018 obtained an LMIA Exempt CLOSED permit and 1 year job offer. That permit is set to expire soon, and I'm not sure I will be able to get that permit extended. The 50 pts were NOT awarded at the time of updating my EE profile, and now I'm expecting they won't count as this employment offer of 1 year is coming up to it's expiration.
Sorry for the confusion of my OP.

Can you clarify another point, you talk about part-time hours and a cut in hours - you realize that for the points for a valid job offer,the job offer has to be for full-time work (at least 30 hours per week), yes?

 

[Rockologist]

Can you clarify another point, you talk about part-time hours and a cut in hours - you realize that for the points for a valid job offer,the job offer has to be for full-time work (at least 30 hours per week), yes?

oh, absolutely. the change in hours was temporary due to some restructuring, and has been corrected since. My note is that those 50 points were never awarded and would have boosted me into a likely ITA months ago, and now I'm in a compromised position where I may not be able to extend my current work permit. a shame, and seems an unfortunate side effect of the kinks of the web portal platform of EE.

 

[jes_ON]

oh, absolutely. the change in hours was temporary due to some restructuring, and has been corrected since. My note is that those 50 points were never awarded and would have boosted me into a likely ITA months ago, and now I'm in a compromised position where I may not be able to extend my current work permit. a shame, and seems an unfortunate side effect of the kinks of the web portal platform of EE.

Yes, I understand the question, but if you had entered part-time hours, that could have explained the problem.

SO, for an LMIA-exempt job offer to be eligible for the points, your employer would have to be named on the NAFTA permit, and you would have had to had at least one year of FULL TIME (or equivalent in part-time) prior work experience for the same employer, in addition to having the written job offer upon becoming a permanent resident. From your initial post, it is not clear if you met those criteria.

As for now, for the points to be awarded (and maintained through approval and landing), the job offer would have to remain valid for at least one year after you land as a permanent resident. If your employer will not confirm that in writing, then unfortunately, you do not have a valid job offer at this time.

It is hard to say what is going on with your points - a typo, a wrong answer to a yes/no question, a couple of birthdays - these can wreak havoc on your points...