PNP nomination but found a job in another province before receiving PR

[johnpr]

Hi,

I was nominated by Ontario last year and I submitted my PR application last year. However, due to the pandemic, I have not heard back from IRCC. Now I am offered a three-year contractual job in Nova Scotia. The job is in my area of expertise. It will boost my profile and will make it easy for me to find a job in Ontario. However, I am not sure how to proceed with work visa since my nomination with Ontario is under-process. Should I write to IRCC and Ontario that my intention is still to permanently moved to Ontario and this is a temporary move that will help me to find a job in Ontario? Any suggestion in this regard will be appreciated. Thanks

 

[bytenaija]

Hi,

I was nominated by Ontario last year and I submitted my PR application last year. However, due to the pandemic, I have not heard back from IRCC. Now I am offered a three-year contractual job in Nova Scotia. The job is in my area of expertise. It will boost my profile and will make it easy for me to find a job in Ontario. However, I am not sure how to proceed with work visa since my nomination with Ontario is under-process. Should I write to IRCC and Ontario that my intention is still to permanently moved to Ontario and this is a temporary move that will help me to find a job in Ontario? Any suggestion in this regard will be appreciated. Thanks

If you change jobs that will invalidate your nomination.

 

[johnpr]

I did not get your point. I do not reside in Canada at the moment and I considered the PNP track of Ontario and submitted my application for PR. However, the PR decision is pending and now I have a job in Nova Scotia.

 

[scylla]

I did not get your point. I do not reside in Canada at the moment and I considered the PNP track of Ontario and submitted my application for PR. However, the PR decision is pending and now I have a job in Nova Scotia.

You have to make a choice between proceeding with the work visa for NS or proceeding with PR through Ontario. Unfortunately you really can't do both.

If you move ahead with the work permit, Ontario will say this is evidence that you don't plan to settle there and withdraw the nomination.

You can certainly try to convince IRCC that you still plan to settle in Ontario. However this will be a very difficult argument to make if you have a three year job offer in NS.

 

[johnpr]

That's very helpful. I would like to try to convince IRCC since I have been constantly applying for jobs in Ontario. Should I send IRCC an email before applying for the work visa and try to convince them? If I did not inform them and just apply for work visa, they may automatically cancel my PR application.

 

[scylla]

That's very helpful. I would like to try to convince IRCC since I have been constantly applying for jobs in Ontario. Should I send IRCC an email before applying for the work visa and try to convince them? If I did not inform them and just apply for work visa, they may automatically cancel my PR application.

I would personally not notify them and see if it comes up as part of the processing of your PNP application. But your choice of course.

 

[hylian]

Should I send IRCC an email before applying for the work visa and try to convince them? If I did not inform them and just apply for work visa, they may automatically cancel my PR application.

In most cases, if you receive your PR based on your Ontario nomination and immediately move to NS, your PR can be revoked. If you're working in NS and your PR is approved, you must then relocate to Ontario. The entire concept of the PNP is to attract migration to specific provinces - the approach you are suggesting could be interpreted as misrepresentation and your application will most likely be denied.

 

[AlexSBT]

Unrelated question but in a similar topic.
Is it possibile, during the PR process after the PNP nomination, convince IRCC to close an eye to some of the specifications?

I'm working in a company that got me nominated for BC PNP and I'm waiting for the PR (but is more then a year already). In the meantime a opened an agency with other 2 people. We have a lot of work and we could live only with that if we wanted to.
But obviously is not a company, we don't have employees (we just split the income) so technically it's not compatible with the PNP nomination.
But it's becoming very difficult to maintain both jobs and now the company want me to come back to the office (and they moved, so the office is really far from here).

The point is, usually IRCC is willing to let the process finish or they're 100% strict?
Considering that I'm on the end line of the PR application and I have a stable agency with a stable income, if I write them explaining this, it could be possibile? Obviously I know that they decide and no one else knows, I just want to understand if there are cases where they let the person finish with different circumstances or it's black and white for them

I know that I could just wait but technically speaking they could need another whole year for my case (in the worst situation) and one year is really too much, it will be impossibile to maintain both things.

 

[bytenaija]

Unrelated question but in a similar topic.
Is it possibile, during the PR process after the PNP nomination, convince IRCC to close an eye to some of the specifications?

I'm working in a company that got me nominated for BC PNP and I'm waiting for the PR (but is more then a year already). In the meantime a opened an agency with other 2 people. We have a lot of work and we could live only with that if we wanted to.
But obviously is not a company, we don't have employees (we just split the income) so technically it's not compatible with the PNP nomination.
But it's becoming very difficult to maintain both jobs and now the company want me to come back to the office (and they moved, so the office is really far from here).

The point is, usually IRCC is willing to let the process finish or they're 100% strict?
Considering that I'm on the end line of the PR application and I have a stable agency with a stable income, if I write them explaining this, it could be possibile? Obviously I know that they decide and no one else knows, I just want to understand if there are cases where they let the person finish with different circumstances or it's black and white for them

I know that I could just wait but technically speaking they could need another whole year for my case (in the worst situation) and one year is really too much, it will be impossibile to maintain both things.

If you change job from the company that sponsored you, you will lose the nomination

 

[AlexSBT]

If you change job from the company that sponsored you, you will lose the nomination

Yes that is the rule.
But I know people with different stories.

One of them for example lost his job during the application but PNP said they would kept the nomination. And ircc finished the application normally.

So it's not black and wait, they can decide to finish the application even if the circumstances change.

so I wanted to understand if there are other similar stories.

 

[hylian]

Yes that is the rule.
But I know people with different stories.

One of them for example lost his job during the application but PNP said they would kept the nomination. And ircc finished the application normally.

So it's not black and wait, they can decide to finish the application even if the circumstances change.

so I wanted to understand if there are other similar stories.

There were some cases in 2020 where if you lost your job they would keep your nomination until you found a new one or allow you to transfer employers - this was only temporary though.

You could totally not update your profile and just see if it gets approved - but the likelihood of you being denied is reasonably high.

Personally I tried to change employers after being nominated and submitting to IRCC and was firmly told I would lose my nomination and would have to re-apply.

 

[AlexSBT]

There were some cases in 2020 where if you lost your job they would keep your nomination until you found a new one or allow you to transfer employers - this was only temporary though.

You could totally not update your profile and just see if it gets approved - but the likelihood of you being denied is reasonably high.

Personally I tried to change employers after being nominated and submitting to IRCC and was firmly told I would lose my nomination and would have to re-apply.

This is strange. Literally everyone here and even a couple of lawyers said that you can change job with no problem.
The rule that you are saying is when you are applying for PNP, not for PR.
If you already have the PNP and you applied for PR the rule is that you have a couple of months to change job (in the same noc).

Or at least this is what my old lawyer said. And this is why I thought there could be some "room" in the circumstances (and maybe get approved with my agency).

 

[scylla]

This is strange. Literally everyone here and even a couple of lawyers said that you can change job with no problem.
The rule that you are saying is when you are applying for PNP, not for PR.
If you already have the PNP and you applied for PR the rule is that you have a couple of months to change job (in the same noc).

Or at least this is what my old lawyer said. And this is why I thought there could be some "room" in the circumstances.

That's absolutely correct as long as you're not going through a stream that required your employer's support (e.g. employer based PNP).

If you're going through an employer-based PNP program, then if you want to switch and make sure you have no issues, your new employer has to go through the process of taking over the nomination that was supported by your previous employer.

But if you're going through a non-employer support stream, then you're good to go.

 

[scylla]

This is strange. Literally everyone here and even a couple of lawyers said that you can change job with no problem.
The rule that you are saying is when you are applying for PNP, not for PR.
If you already have the PNP and you applied for PR the rule is that you have a couple of months to change job (in the same noc).

Or at least this is what my old lawyer said. And this is why I thought there could be some "room" in the circumstances (and maybe get approved with my agency).

This might help you:

https://www.welcomebc.ca/Immigrate-to-B-C/BC-PNP-Skills-Immigration/Skills-Immigration-Frequently-Asked-Questions

What if there is a change in my employment after I’ve been nominated?

• After you are nominated for permanent residence by the BC PNP, both you and your employer must tell the BC PNP about any employment changes. This includes a promotion, lay-off, termination or a potential new job with a new employer.
• Please access post-nomination support via My Dashboard on BCPNP Online. You will need to email PNPPostNom@gov.bc.ca if you were nominated with a paper-based application (submitted before July 2015).
• Please note that failing to inform us of a change in your employment status could lead to the withdrawal of your nomination. It could also lead to questions from IRCC when they process your application.
• As of October 2017, we typically process post-nomination requests within three (3) months of the date of submission. This can change based on the volume of requests received and our processing capacity.
• As a condition of your nomination, it is your responsibility to maintain legal status in Canada. If your status has expired, you have to show that you submitted an application for a restoration of status within the 90-day eligibility period.
• For time-sensitive requests, we strongly encourage you to submit your requests early to allow us enough time to process.

 

[AlexSBT]

That's absolutely correct as long as you're not going through a stream that required your employer's support (e.g. employer based PNP).

If you're going through an employer-based PNP program, then if you want to switch and make sure you have no issues, your new employer has to go through the process of taking over the nomination that was supported by your previous employer.

But if you're going through a non-employer support stream, then you're good to go.

Yes I was nominated with BC PNP Tech Pilot, with my employer's support.

Like I said I would really like to leave my job but my application is simply stuck and I have no idea of the time it'll require. So it would nice if they would count my agency as employment and let my pr application finish. This is why I was asking for similar experiences.