AOR a month back, losing job - Urgent Help Needed!

[sm311]

I have submitted my PR application and AOR at the end of January, 2020. I have applied under the CEC inland category. I am losing job(ICT, Closed Permit) after about 1 Year 5 months of work in Canada.

My work permit is valid till Nov, 2020.

Can I continue stay in Canada?
Do I need to update PR processing that is ongoing on? I did claim 50 points towards job offer as my job was long term(permanent, fulltime) during my application. Medical passed, Biometrics done and got a confirmation using webform that Background check is going on and eligibility hasn't started but my application says "We are reviewing whether you meet the eligibility requirements".
Can I apply for BOWP in my condition as my work permit allows me to work only for my current employer?

Requesting urgent help and advice.

 

[ContactFront]

Yes you can stay, but you can't work for any other employer

Yes you need to inform them since you claimed points for a job offer. This could results in your CRS being recalculated and your PR application rejected.

It's too early to apply for BOWP since you permit expires in Nov. And you may not be able to apply if your PR application is refused

 

[JAssimTeeky]

Yes you can stay, but you can't work for any other employer

Yes you need to inform them since you claimed points for a job offer. This could results in your CRS being recalculated and your PR application rejected.

It's too early to apply for BOWP since you permit expires in Nov. And you may not be able to apply if your PR application is refused

but isnt CRS locked at AOR? And only the minimum entry criteria needs to be met through the application? for CEC its just 1 year of experience.

 

[ContactFront]

but isnt CRS locked at AOR? And only the minimum entry criteria needs to be met through the application? for CEC its just 1 year of experience.

You application gets locked. CRS merely gets recorded in the system at the time of ITA and AOR.
OP claimed points for a job offer, which is required to be valid for at least a year after the issuance of PR visa. If removing the job offer points leads to his CRS fall below the cutoff, his application could be refused

 

[JAssimTeeky]

You application gets locked. CRS merely gets recorded in the system at the time of ITA and AOR.
OP claimed points for a job offer, which is required to be valid for at least a year after the issuance of PR visa. If removing the job offer points leads to his CRS fall below the cutoff, his application could be refused

"to assess an application under section A11.2, a processing office must consider the information in an applicant’s profile at the time of the round of invitations and the information provided when the applicant submits their e-APR. After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements."

 

[ContactFront]

"to assess an application under section A11.2, a processing office must consider the information in an applicant’s profile at the time of the round of invitations and the information provided when the applicant submits their e-APR. After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements."

There have been cases on this forum and elsewhere that loss of job offer post AOR results in loss of CRS points.
If OP want to be safe, obtain another valid offer as soon as possible


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

 

[smash1984]

There have been cases on this forum and elsewhere that loss of job offer post AOR results in loss of CRS points.
If OP want to be safe, obtain another valid offer as soon as possible


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html

Loss of offer or inability to perform duties

(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Wow, i had no idea such a clause existed. I always thought that your application was locked at AOR and points don't change afterwards unless anything in the previous record being submitted was not meeting the requirement.

 

[JAssimTeeky]

Wow, i had no idea such a clause existed. I always thought that your application was locked at AOR and points don't change afterwards unless anything in the previous record being submitted was not meeting the requirement.

the above link doesn't state if its after AOR or before AOR really..

 

[Wolfpmd3]

I have submitted my PR application and AOR at the end of January, 2020. I have applied under the CEC inland category. I am losing job(ICT, Closed Permit) after about 1 Year 5 months of work in Canada.

My work permit is valid till Nov, 2020.

Can I continue stay in Canada?
Do I need to update PR processing that is ongoing on? I did claim 50 points towards job offer as my job was long term(permanent, fulltime) during my application. Medical passed, Biometrics done and got a confirmation using webform that Background check is going on and eligibility hasn't started but my application says "We are reviewing whether you meet the eligibility requirements".
Can I apply for BOWP in my condition as my work permit allows me to work only for my current employer?

Requesting urgent help and advice.

You would not have received the 50 points anyways, so at this point losing your job does not make a difference on the outcome of your application.

To be able to claim those points for arranged employment, you had to submit a letter confirming employment for at least one year after your PR status has been granted. This cannot be accomplished with a permanent full-time position, although many people think it should, it's not the case.

You have to inform IRCC, nonetheless, those 50 points would not have been counted anyway.

If you substract the 50 points form your CRS and it fall under the cut-off for your round, your application will be denied.

but isnt CRS locked at AOR? And only the minimum entry criteria needs to be met through the application? for CEC its just 1 year of experience.

The whole point of the application is supporting or proving the points you claimed for your CRS.

MEC, is just that, the minimum you need to qualify for CEC (does not guarantee and invitation will be received nor that a submitted application will be approved)

It gets locked in the sense that if you have a birthday, points don't go down, or if you complete an additional year at work points are not added. It can be reduced if you can't provide support for any of the points you've claimed. If this means your score goes lower than the cut-off score for your round of invitation then your application is automatically refused.

MEC is just what allows you to be eligible for the program, but not to get an invitation to apply. The CRS score is what determines if you get an invitation, and during your application if you can prove all the points you claimed, one of the factors determining whether your application is approved or not.

 

[canuck_in_uk]

You would not have received the 50 points anyways, so at this point losing your job does not make a difference on the outcome of your application.

To be able to claim those points for arranged employment, you had to submit a letter confirming employment for at least one year after your PR status has been granted. This cannot be accomplished with a permanent full-time position, although many people think it should, it's not the case.

You have to inform IRCC, nonetheless, those 50 points would not have been counted anyway.

If you substract the 50 points form your CRS and it fall under the cut-off for your round, your application will be denied.

Given OP has stated that they claimed the job offer 50 points, they likely had the proper letter.

 

[JAssimTeeky]

If he can prove he had a valid job offer at the time of AOR, but doesnt have it currently anymore, would they still reject it? Since the processing time can sometimes even take a year, wouldnt that be forcing someone to stay at a job?

 

[smash1984]

If he can prove he had a valid job offer at the time of AOR, but doesnt have it currently anymore, would they still reject it? Since the processing time can sometimes even take a year, wouldnt that be forcing someone to stay at a job?

Good question

 

[Wolfpmd3]

If he can prove he had a valid job offer at the time of AOR, but doesnt have it currently anymore, would they still reject it? Since the processing time can sometimes even take a year, wouldnt that be forcing someone to stay at a job?

No because a current employment is not the same as proof of arranged employment. Those are completely different thigns.

People often think that having a full time permanent position is equivalent but it isn't and you see rejections due to this all the time.

To claim the 50 points for proof of arranged employment you need a letter that explicitly states the person is offered a job for at least one year once they've become a PR. This has to be stated explicitly.

This is why claiming these 50 points is pretty hard, few employers are willing to provide such letter, that is why it is worth 50 points too, it's a lot.

Good question

They could easily call the issuer of the letter to verify if that is still the case.

 

[JAssimTeeky]

No because a current employment is not the same as proof of arranged employment. Those are completely different thigns.

People often think that having a full time permanent position is equivalent but it isn't and you see rejections due to this all the time.

To claim the 50 points for proof of arranged employment you need a letter that explicitly states the person is offered a job for at least one year once they've become a PR. This has to be stated explicitly.

This is why claiming these 50 points is pretty hard, few employers are willing to provide such letter, that is why it is worth 50 points too, it's a lot.

I mean If someone did furnish such a letter, and dated just before the AOR, would they accept it? Even if they the same company had to let them go now because of unexpected circumstances?

 

[Wolfpmd3]

I mean If someone did furnish such a letter, and dated just before the AOR, would they accept it? Even if the same company had to let them go now because of unexpected circumstances?

Of course, unless they call them (company) to verify the letter and the issuer of the letter tells IRCC that that letter is no longer valid for X reason.

Otherwise, yes you could get away with it.

However, if it is the same as your current employer and you are laid-off, you are required to inform IRCC about this. This might raise a red flag about the arranged employment. They could ask you for an updated letter or as I said, contact the person/company who issued the letter to find out if it still stands.

You could also not inform IRCC that you're no longer working for them, but I would not risk it.