Complicated case. Very stressed, please help.

[Islander216]

Check out OINP tech draw: https://www.ontario.ca/page/oinp-tech-draws

 

[shomaro]

Sorry to hear this sad story. If your company is not going to re-hire you then that 50 points for the job offer will be no longer valid since it is not meeting all the three requirements for a closed WP based job. Any chance to improve you IELTS score? Maybe the highest priority would be finding a new job. Bless you.

 

[gks123]

Check out OINP tech draw: https://www.ontario.ca/page/oinp-tech-draws

Yes, hopeful that we get a nomination here. This is applicable for both me and my wife. She is currently employed but on maternity leave.

 

[Mshimpi]

Hello,
I saw this thread now.
I would recommend you to contact IRCC by web form. Let them know what's going on and what you should do.
Explain the same which you did in the forum.
Because whatever answer you get from them is final and should proceed with that.
They are the only one who can help you in this complex matter.
I am not sure if you already declined your invitation or not.
But you should take a chance and ask them first before declining your invitation.
It takes about 2 to 3 weeks for getting reply from them but believe me it's worth it.
Thank you
Edit:- I got reply for my web form today in 11 days, so it should take almost the same amount of time for you as well.

 

[gks123]

Check out OINP tech draw: https://www.ontario.ca/page/oinp-tech-draws

Yes, hopeful that we get a nomination here. This is applicable for both me and my wife. She is currently employed but on maternity leave.

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.

Just went through this again. I still have the assured employment letter from my employer and he has not given me

Hello,
I saw this thread now.
I would recommend you to contact IRCC by web form. Let them know what's going on and what you should do.
Explain the same which you did in the forum.
Because whatever answer you get from them is final and should proceed with that.
They are the only one who can help you in this complex matter.
I am not sure if you already declined your invitation or not.
But you should take a chance and ask them first before declining your invitation.
It takes about 2 to 3 weeks for getting reply from them but believe me it's worth it.
Thank you
Edit:- I got reply for my web form today in 11 days, so it should take almost the same amount of time for you as well.

i wish i had recieved your message and tried to connect through web forms. we declines the invitation...now the score is 478. My wife's IELTS expired in June so she will be giving the xam again..Hope that increases our score to 465 ish and we make it.

 

[gks123]

Check out OINP tech draw: https://www.ontario.ca/page/oinp-tech-draws

Can we apply for this somehow? to my understanding the province may or may not nominate us.

 

[scylla]

Can we apply for this somehow? to my understanding the province may or may not nominate us.

You are selected out of the Express Entry pool by the province. You can't apply directly.

 

[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.

just got back to this...why do think H& C would not be accepted? We have a kid and my wife is undergoing treatment presently. Travelling back during COVID with a 3 month old(CAnadian Citizen) and my wife ( on chemotherapy) i sfreaking us out already!

 

[Mshimpi]

Hello,
For next time I would strongly recommend you to contact CIC through webform wait time is more. But it’s worth it.

 

[scylla]

just got back to this...why do think H& C would not be accepted? We have a kid and my wife is undergoing treatment presently. Travelling back during COVID with a 3 month old(CAnadian Citizen) and my wife ( on chemotherapy) i sfreaking us out already!

You had mentioned applying through Express Entry and requesting H&C consideration. I don't see this working because you don't have the points. This would be a clear cut case of you having insufficient points to meet the cut off and therefore a clear cut EE program refusal. I've never seen anyone on this forum be successful in getting PR through EE by asking for H&C.

Submitting a separate application under the H&C program could work. However, there are some big downsides. The first is that processing takes around 2-3 years. You'll have no ability to work or be covered by the health care system until you have first stage approval which is coming sometime between the 2-3 year mark these days. So you'd basically be living in Canada for 2+ years without the ability to work and without health care coverage. I don't think that's feasible in your situation. But of course up to you to make that call.

 

[gks123]

You had mentioned applying through Express Entry and requesting H&C consideration. I don't see this working because you don't have the points. This would be a clear cut case of you having insufficient points to meet the cut off and therefore a clear cut EE program refusal. I've never seen anyone on this forum be successful in getting PR through EE by asking for H&C.

Submitting a separate application under the H&C program could work. However, there are some big downsides. The first is that processing takes around 2-3 years. You'll have no ability to work or be covered by the health care system until you have first stage approval which is coming sometime between the 2-3 year mark these days. So you'd basically be living in Canada for 2+ years without the ability to work and without health care coverage. I don't think that's feasible in your situation. But of course up to you to make that call.

Got it. Thank you so much.

 

[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.

Hi! Since you took out the time to reply on my question I wanted to update you and check with you again.
We declined that ITA mentioned in my original post to avoid the risk for not making the CRS score. So glad that we did. Because we luckily got through in the CEC specific draw of 445 point on 22 July.
Now my question is that we will be submitting our PR application by next week ( waiting for PCC). After that if I apply for BOWP, can I start a new job in the interim on implied status? [ I was on a closed work permit and my job was terminated..I read somewhere that on BOWP the conditions of original work permit need to stay. However, the new Covid specific exemption policies make me believe taht even if I was on an employer specific WP, if I apply for an open work permit and get a new job offer, I can join that and will be infact processed on priority( the new exemption policy mentions nothing about LMIA of the new job offer) Discussed with a few consultants who say we can start a new job while BOWP is in process. Kindly guide.

 

[scylla]

Hi! Since you took out the time to reply on my question I wanted to update you and check with you again.
We declined that ITA mentioned in my original post to avoid the risk for not making the CRS score. So glad that we did. Because we luckily got through in the CEC specific draw of 445 point on 22 July.
Now my question is that we will be submitting our PR application by next week ( waiting for PCC). After that if I apply for BOWP, can I start a new job in the interim on implied status? [ I was on a closed work permit and my job was terminated..I read somewhere that on BOWP the conditions of original work permit need to stay. However, the new Covid specific exemption policies make me believe taht even if I was on an employer specific WP, if I apply for an open work permit and get a new job offer, I can join that and will be infact processed on priority( the new exemption policy mentions nothing about LMIA of the new job offer) Discussed with a few consultants who say we can start a new job while BOWP is in process. Kindly guide.

That's great news - congrats.

Based on normal (pre-COVID rules), applying for the BOWP gives you implied status which allows you to contiue working under the conditions of your existing work permit. Your existing work permit is a closed work permit tied to our specific employer. So under implied status, you can only work for that existing employer. Once your BOWP is approved, you'll be able to work for any employer since you'll be holding an open work permit. I'm not familiar enough with the COVID-19 related exceptions to comment on whether this rule has changed.

Can you quote the full exemption here and provide the link to the IRCC web site?

 

[Khan001]

Hi! Since you took out the time to reply on my question I wanted to update you and check with you again.
We declined that ITA mentioned in my original post to avoid the risk for not making the CRS score. So glad that we did. Because we luckily got through in the CEC specific draw of 445 point on 22 July.
Now my question is that we will be submitting our PR application by next week ( waiting for PCC). After that if I apply for BOWP, can I start a new job in the interim on implied status? [ I was on a closed work permit and my job was terminated..I read somewhere that on BOWP the conditions of original work permit need to stay. However, the new Covid specific exemption policies make me believe taht even if I was on an employer specific WP, if I apply for an open work permit and get a new job offer, I can join that and will be infact processed on priority( the new exemption policy mentions nothing about LMIA of the new job offer) Discussed with a few consultants who say we can start a new job while BOWP is in process. Kindly guide.

Congratulations!!!. The public policy exception is only applicable to you if you got an offer letter and apply for the new closed work permit or extension of existing (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html ). They will not approve it under PPE if you apply for the open work permit (mine was rejected). So as soon as you submit the PR application, apply for BOWP. I think, you cant start a new job until your BOWP is approved as that application is tied with your PR application.

 

[gks123]

Congratulations!!!. The public policy exception is only applicable to you if you got an offer letter and apply for the new closed work permit or extension of existing (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/changing-employment.html ). They will not approve it under PPE if you apply for the open work permit (mine was rejected). So as soon as you submit the PR application, apply for BOWP. I think, you cant start a new job until your BOWP is approved as that application is tied with your PR application.

So you were rejected under PPE because you applied for open work permit? If I apply for BWOP, then should I also write to IRCC under the PPE? Also, what makes you think I can start a new job on implied status ( just want to be sure if tahts legal. Although, several consultants have told me that I can). I am hoping to get an offer letter soon ( but that will not have LMIA)...with that and BWOP, should I be applying under PPE?
My wife's treatment is going on, and my permit ends on September 30. I will need to have a job for treatment to continue...will it continue under implied status?