Complicated case. Very stressed, please help.

[gks123]

Express entry Application in pool since November, 2019. Working in Canada since January 2019 on closed Work Permit- has been over 1.5 years now. Wife also in Canada on open work permit based on my Visa. Wife diagnosed with breast cancer in January and started treatment.
Accepted ITA at draw of 452 points in May draw. Profile points were at 501 ( including 50 points of assured employment ** remember this point is important**).
On May 20, also had a baby in Canada. ( Wife was diagnosed while pregnant)
On 1 July, the employer on my closed permit telephonically informed me of lay off/ termination but hasn't given an official termination letter yet and said that will give it when lockdown restrictions eases a little. meanwhile I had applied for my paternity LOA and was sanctioned 2 days after this call. So technically won't get my termination letter until september 20th, till atleast my LOA (furlough) expires.
My work permit expires on 30th September, 2020.
Now I plan to apply for bridging work permit. since I don't have an official termination letter yet, and i'm on furlough, Do I need to update my points on my profile informing that i will get laid off? If I do that I lose 50 points and it will come to 451 points and I accepted ITA at 452 points. Damn 1 point!
Or should I submit my profile with the existing points and update IRCC when I officially get a termination letter?

Also, if I get Bridging work permit, then can I accept a job from a different employer? How will I got about updating IRCC?

OR can I accept and explain my case to IRCC on humanitarian grounds?
I can not go back in September with a 3 month old baby and between my wife's chemo sessions.

Also, Is PNP for Ontario an option? Since I have 1 year of work experience in Canada.
Pleaseeeee help!

 

[shannonxtreme]

Express entry Application in pool since November, 2019. Working in Canada since January 2019 on closed Work Permit- has been over 1.5 years now. Wife also in Canada on open work permit based on my Visa. Wife diagnosed with breast cancer in January and started treatment.
Accepted ITA at draw of 452 points in May draw. Profile points were at 502 ( including 50 points of assured employment ** remember this point is important**).
On May 20, also had a baby in Canada. ( Wife was diagnosed while pregnant)
On 1 July, the employer on my closed permit telephonically informed me of lay off/ termination but hasn't given an official termination letter yet and said that will give it when lockdown restrictions eases a little. meanwhile I had applied for my paternity LOA and was sanctioned 2 days after this call. So technically won't get my termination letter until september 20th, till atleast my LOA (furlough) expires.
My work permit expires on 30th September, 2020.
Now I plan to apply for bridging work permit. since I don't have an official termination letter yet, and i'm on furlough, Do I need to update my points on my profile informing that i will get laid off? If I do that I lose 50 points and it will come to 451 points and I accepted ITA at 452 points. Damn 1 point!
Or should I submit my profile with the existing points and update IRCC when I officially get a termination letter?

Also, if I get Bridging work permit, then can I accept a job from a different employer? How will I got about updating IRCC?

OR can I accept and explain my case to IRCC on humanitarian grounds?
I can not go back in September with a 3 month old baby and between my wife's chemo sessions.

Also, Is PNP for Ontario an option? Since I have 1 year of work experience in Canada.
Pleaseeeee help!

I can't help with the more complex aspects of this post, but I can say that you should update your profile. You should still be above the cutoff score for a future draw (do some research into that).

You don't need to inform IRCC if you get a new job while on an open work permit like IRCC. If you wanted to get your new employer to issue an LMIA and use that to get extra points, you could, but it might delay your application.

PNP is an option, but it's more expensive to apply for OINP.

Also wait till more experienced posters reply. I'll probably recommend consulting with an attorney as well to get the best advice.

I hope your wife gets better!

 

[scylla]

Express entry Application in pool since November, 2019. Working in Canada since January 2019 on closed Work Permit- has been over 1.5 years now. Wife also in Canada on open work permit based on my Visa. Wife diagnosed with breast cancer in January and started treatment.
Accepted ITA at draw of 452 points in May draw. Profile points were at 502 ( including 50 points of assured employment ** remember this point is important**).
On May 20, also had a baby in Canada. ( Wife was diagnosed while pregnant)
On 1 July, the employer on my closed permit telephonically informed me of lay off/ termination but hasn't given an official termination letter yet and said that will give it when lockdown restrictions eases a little. meanwhile I had applied for my paternity LOA and was sanctioned 2 days after this call. So technically won't get my termination letter until september 20th, till atleast my LOA (furlough) expires.
My work permit expires on 30th September, 2020.
Now I plan to apply for bridging work permit. since I don't have an official termination letter yet, and i'm on furlough, Do I need to update my points on my profile informing that i will get laid off? If I do that I lose 50 points and it will come to 451 points and I accepted ITA at 452 points. Damn 1 point!
Or should I submit my profile with the existing points and update IRCC when I officially get a termination letter?

Also, if I get Bridging work permit, then can I accept a job from a different employer? How will I got about updating IRCC?

OR can I accept and explain my case to IRCC on humanitarian grounds?
I can not go back in September with a 3 month old baby and between my wife's chemo sessions.

Also, Is PNP for Ontario an option? Since I have 1 year of work experience in Canada.
Pleaseeeee help!

I think your situation is sufficiently complex that you would do well to get a consult with a good immigration lawyer (not a consultant).

My thoughts (but again, get a consult with an immigration lawyer):
- There's a decent chance you will lose the 50 points if your employer is terminating you soon (i.e. IRCC will determine you are no longer eligible for these points).
- If you drop below 452, then you should expect your application will be refused. I would not count on an H&C approach working. You eithe have the points or you don't.
- You might want to consider withdrawing your application now and re-entering the pool. CEC draws are low right now (well below your points), so you would get invited immediately. The one risk here is that we don't know when FSW draws will resume. Once that happens, points will go up.
- I would definitely apply for the BOWP as soon as you get the termination letter. BOWP will allow you to work for any employer.
- I can't comment on Ontario PNP. Some of this will depend on your NOC.

 

[scylla]

Express entry Application in pool since November, 2019. Working in Canada since January 2019 on closed Work Permit- has been over 1.5 years now. Wife also in Canada on open work permit based on my Visa. Wife diagnosed with breast cancer in January and started treatment.
Accepted ITA at draw of 452 points in May draw. Profile points were at 502 ( including 50 points of assured employment ** remember this point is important**).
On May 20, also had a baby in Canada. ( Wife was diagnosed while pregnant)
On 1 July, the employer on my closed permit telephonically informed me of lay off/ termination but hasn't given an official termination letter yet and said that will give it when lockdown restrictions eases a little. meanwhile I had applied for my paternity LOA and was sanctioned 2 days after this call. So technically won't get my termination letter until september 20th, till atleast my LOA (furlough) expires.
My work permit expires on 30th September, 2020.
Now I plan to apply for bridging work permit. since I don't have an official termination letter yet, and i'm on furlough, Do I need to update my points on my profile informing that i will get laid off? If I do that I lose 50 points and it will come to 451 points and I accepted ITA at 452 points. Damn 1 point!
Or should I submit my profile with the existing points and update IRCC when I officially get a termination letter?

Also, if I get Bridging work permit, then can I accept a job from a different employer? How will I got about updating IRCC?

OR can I accept and explain my case to IRCC on humanitarian grounds?
I can not go back in September with a 3 month old baby and between my wife's chemo sessions.

Also, Is PNP for Ontario an option? Since I have 1 year of work experience in Canada.
Pleaseeeee help!

Looking at your timelines again... If your work permit expires September 30, you can apply for the BOWP now. You don't have to wait for the termination letter. You are good to apply now and I would do that asap.

 

[gks123]

I think your situation is sufficiently complex that you would do well to get a consult with a good immigration lawyer (not a consultant).

My thoughts (but again, get a consult with an immigration lawyer):
- There's a decent chance you will lose the 50 points if your employer is terminating you soon (i.e. IRCC will determine you are no longer eligible for these points).
- If you drop below 452, then you should expect your application will be refused. I would not count on an H&C approach working. You eithe have the points or you don't.
- You might want to consider withdrawing your application now and re-entering the pool. CEC draws are low right now (well below your points), so you would get invited immediately. The one risk here is that we don't know when FSW draws will resume. Once that happens, points will go up.
- I would definitely apply for the BOWP as soon as you get the termination letter. BOWP will allow you to work for any employer.
- I can't comment on Ontario PNP. Some of this will depend on your NOC.

I need to have AOR for applying BOWP? So if I withdraw my application and don't make it through the next draw, then I wait fro BOWP as well.

 

[scylla]

I need to have AOR for applying BOWP? So if I withdraw my application and don't make it through the next draw, then I wait fro BOWP as well.

Ah - my bad. I thought you had submitted your application already. But I think you've just received ITA but not yet submitted your full application.

Speak to a lawyer. Too many moving pieces.

The one bit that I don't think is viable hoping to be accepted under H&C.

 

[gks123]

Ah - my bad. I thought you had submitted your application already. But I think you've just received ITA but not yet submitted your full application.

Speak to a lawyer. Too many moving pieces.

The one bit that I don't think is viable hoping to be accepted under H&C.

Yes, my medical was delayed because of wife's pregnancy. Plan was to get that sorted and apply but then this termination happened. Also, Maybe I am.missing something, what is H&C?.

 

[gks123]

I can't help with the more complex aspects of this post, but I can say that you should update your profile. You should still be above the cutoff score for a future draw (do some research into that).

You don't need to inform IRCC if you get a new job while on an open work permit like IRCC. If you wanted to get your new employer to issue an LMIA and use that to get extra points, you could, but it might delay your application.

PNP is an option, but it's more expensive to apply for OINP.

Also wait till more experienced posters reply. I'll probably recommend consulting with an attorney as well to get the best advice.

I hope your wife gets better!

Thank you. Just want to give her all the care and attention but very stressed about this. Consultant and attorney suggesting completely different things.

 

[scylla]

Yes, my medical was delayed because of wife's pregnancy. Plan was to get that sorted and apply but then this termination happened. Also, Maybe I am.missing something, what is H&C?.

H&C = humanitarian & compassionate

 

[scylla]

Thank you. Just want to give her all the care and attention but very stressed about this. Consultant and attorney suggesting completely different things.

What did the attorney say?

 

[gks123]

So one consultant asked us to go ahead with this ITA itself. An Attorney said the same thing. DO nothing! Their argument is that since the termination letter is not officially there and it is only a verbal communication then we dont need to update the loss of arranged pay as of now.
Another attorney said that we should not lie on our file and its a big risk that we will be taking and hence we should cancel the existing ITA and go back in the pool.
ANother attorney said that he can fight on H&C and that we should file for BWOP/ or a fresh Open work permit and once we have a new job offer letter, then update IRCC that our old arranged employment is cancelled but we have a new offer and hence this should be considered.

 

[scylla]

So one consultant asked us to go ahead with this ITA itself. An Attorney said the same thing. DO nothing! Their argument is that since the termination letter is not officially there and it is only a verbal communication then we dont need to update the loss of arranged pay as of now.
Another attorney said that we should not lie on our file and its a big risk that we will be taking and hence we should cancel the existing ITA and go back in the pool.
ANother attorney said that he can fight on H&C and that we should file for BWOP/ or a fresh Open work permit and once we have a new job offer letter, then update IRCC that our old arranged employment is cancelled but we have a new offer and hence this should be considered.

Well - you can forget about my suggestion about declining ITA and waiting for another draw with the lower score. FSW draw just happened and scores have shot up to 478. So I think that option is out. 451 won't get you ITA now.

I don't think I can be of any further help.

If you go the route of submitting the application, getting the BOWP and then securing a new job offer to "replace" this one, that job offer will need to come with an approved LMIA in order to count for the 50 points.

Lying when you submit is always a bit tricky. Always some small chance of a misrepresentation finding if the IRCC officer who examines your file really doesn't like what you've done.

I don't know. Very hard call. Way beyond my expertise and experience.

Good luck.

 

[gks123]

Well - you can forget about my suggestion about declining ITA and waiting for another draw with the lower score. FSW draw just happened and scores have shot up to 478. So I think that option is out. 451 won't get you ITA now.

I don't think I can be of any further help.

If you go the route of submitting the application, getting the BOWP and then securing a new job offer to "replace" this one, that job offer will need to come with an approved LMIA in order to count for the 50 points.

Lying when you submit is always a bit tricky. Always some small chance of a misrepresentation finding if the IRCC officer who examines your file really doesn't like what you've done.

I don't know. Very hard call. Way beyond my expertise and experience.

Good luck.

Thanks for your response. We got really hopeful and did decline it this morning hoping that we'll make it in the draw. Don't know what are options are now.

 

[Islander216]

I just wanted to convey my best wishes to you, your family and your wife for her cancer treatment, i hope for a speedy recovery for her.

What is your NOC? You could perhaps look into OINP but it depends on your occupation.

 

[gks123]

I just wanted to convey my best wishes to you, your family and your wife for her cancer treatment, i hope for a speedy recovery for her.

What is your NOC? You could perhaps look into OINP but it depends on your occupation.

2174- software engineer