Can I lose my PR status because of this?

[fboratino]

Hello,

I applied for my PR through BC PNP, this is my timeline:

2022/05/26 - BC PNP registration
2022/05/31 - BC PNP ITA
2022/07/27 - BC PNP Nomination
2022/08/25 - PNP non paper based application through PR Portal
2022/11/21 - Application linked into GCKEY

On 2022/11/27 I was laid off from my work got a new employer on 2023/06/12 and I sent a request to update my employer on BC PNP some days later.
My new employer is based in Toronto, they are registered in BC but no physical office, so they don't have a valid municipal business license.
The agent from BC PNP asked for this information, but since I don't have I was waiting on their response on how to proceed.

On 2023/08/30 I got my eCoPR, I'm just waiting for PR cards. But Today I got an email from the agent saying that my new employer is not eligible for BC PNP.

Do you know if this can have any impact on my PR since it was already issued?

 

[Chasechs]

Lets back this up a little. Sounds like you did not notify the BC office that you were unemployed for roughly 7 months. Next thing, if the employer does not have a municipal license to operate in any city in BC, then the business is not registered in BC. To the ultimate question, YES this could impact your PR application. The BC PNP office will inform IRCC that you lost the eligible job over 9 months ago and the one recently acquired is not eligible. Your situation is based on did you reasonably maintained your eligibility, your application for PR took roughly 11 months to process and for 9 months you were technically ineligible.

If the province inform IRCC of this, it would be up to the reviewing agent to make the decision. Some people may suggest getting a Lawyer, but it maybe too late. Unless you can immediately find a BC job I don't see any way around this. Plus, you currently have an employer in a different province which significantly increases the likelihood of you leaving BC. So the BC office will not just take your word on it. See if you can get more time from the BC office to find a local employer, That's all I can suggest.

 

[moscatojuices]

Unless you informed BC PNP that you were laid off on 2022/11/27, then you committed misrepresentation if your BC Nomination Certificates state words to the effect of "This office must be notified immediately if the job held by a nominees or existing applicant changes, they are laid off, or their job is terminated."

Did your certificates say these words or something similar, and did you inform them?

 

[fboratino]

Thank you for the responses.

Putting more information into context.

I missed that I had to inform them as soon as I was laid off, so I sent them an email on Apr/23 asking about working remotely for another province.
The answer came like this (I'm not putting the part of the bc pnp guide the quoted here):

"Thank you for notifying us of the change to your employment situation. This information has been added to your file.
Additional information may be requested to assess whether the BC PNP can offer continued support of a nomination. The BC PNP may provide you with an opportunity to respond to any evidence or concerns raised during this assessment.

If the change of employment is accepted, the BC PNP will review your circumstances to determine if a work permit support letter is needed to allow you to obtain a work permit, and if so, will issue one at that time.

Please note that failing to inform us of a change in your employment status could lead to a withdrawal your nomination or could result in questions from IRCC when they process your application for permanent residency."

I only opened a request to update my employment when I got a new employer, at first I thought that was what I need to do.
Before my PR application was approved IRCC requested a letter of my new employer stating, wage, work hours, to confirm I am employed, and after that they approved my PR.

Also regarding BC PNP, this was the response about not having the valid municipal business license.

"Thank you for your Post-Nomination request for Change of Employment.

After reviewing the information provided, it does not appear that your new employer meets the BC PNP eligibility requirements.
The BC PNP Skilled Worker category you were nominated under is designed to help B.C. employers recruit and retain the workers they need and the employer must be established and have physical presence in B.C., which means to have an ongoing fixed place of business in B.C., such as an office, where employees can physically report to work on a regular basis.

You stated in your email of July 5, 2023 that your employer does not have a valid Municipal Business License in BC. Also, based on my open online search, it does not appear that your employer has presence in BC.

If you wish to respond to the above concern, you can email your response to me by 29-SEP-2023. Otherwise, your request will be closed."

I also saw this on the bc pnp post-nomination guide (https://www.welcomebc.ca/Immigrate-to-B-C/documents/BC-PNP-SI-EEBC-Post-Nomination-Guide.aspx)

"Once IRCC has made a decision on your permanent residence application, your BC PNP nomination is closed and you are no longer eligible for post-nomination support"

But my question right now really is, I have my PR approved, I have the eCoPR letter, just waiting on the cards, so:
Considering my nomination is closed, can my PR be revoked?

what is this BC Nomination Certificates and where can I get it?

sorry the huge text

 

[Chasechs]

You already got the BC nomination certificate, that's how you applied for PR with the federal government. Your PR has been approved and your COPR has been issued, so to what extent can the BC office influence IRCC on the decision. Well that I can not answer. Post-nomination support typically leans to you the applicant needing help. So they would not help you after a decision has been made. However, in this instance it is a matter of eligibility and the BC's office responsibility to inform IRCC of any material misrepresentation in the original application. Whether the BC office wants to report these facts post-nomination and COPR is up to them.

Additionally, the nomination is clearly not close because we are now in September and they reviewed your new employers eligibility. I would ask them the question directly, will they report this issue to IRCC even though you already got COPR. Just ask them, at least you will know where they stand on the issue.

 

[scylla]

Thank you for the responses.

Putting more information into context.

I missed that I had to inform them as soon as I was laid off, so I sent them an email on Apr/23 asking about working remotely for another province.
The answer came like this (I'm not putting the part of the bc pnp guide the quoted here):

"Thank you for notifying us of the change to your employment situation. This information has been added to your file.
Additional information may be requested to assess whether the BC PNP can offer continued support of a nomination. The BC PNP may provide you with an opportunity to respond to any evidence or concerns raised during this assessment.

If the change of employment is accepted, the BC PNP will review your circumstances to determine if a work permit support letter is needed to allow you to obtain a work permit, and if so, will issue one at that time.

Please note that failing to inform us of a change in your employment status could lead to a withdrawal your nomination or could result in questions from IRCC when they process your application for permanent residency."

I only opened a request to update my employment when I got a new employer, at first I thought that was what I need to do.
Before my PR application was approved IRCC requested a letter of my new employer stating, wage, work hours, to confirm I am employed, and after that they approved my PR.

Also regarding BC PNP, this was the response about not having the valid municipal business license.

"Thank you for your Post-Nomination request for Change of Employment.

After reviewing the information provided, it does not appear that your new employer meets the BC PNP eligibility requirements.
The BC PNP Skilled Worker category you were nominated under is designed to help B.C. employers recruit and retain the workers they need and the employer must be established and have physical presence in B.C., which means to have an ongoing fixed place of business in B.C., such as an office, where employees can physically report to work on a regular basis.

You stated in your email of July 5, 2023 that your employer does not have a valid Municipal Business License in BC. Also, based on my open online search, it does not appear that your employer has presence in BC.

If you wish to respond to the above concern, you can email your response to me by 29-SEP-2023. Otherwise, your request will be closed."

I also saw this on the bc pnp post-nomination guide (https://www.welcomebc.ca/Immigrate-to-B-C/documents/BC-PNP-SI-EEBC-Post-Nomination-Guide.aspx)

"Once IRCC has made a decision on your permanent residence application, your BC PNP nomination is closed and you are no longer eligible for post-nomination support"

But my question right now really is, I have my PR approved, I have the eCoPR letter, just waiting on the cards, so:
Considering my nomination is closed, can my PR be revoked?

what is this BC Nomination Certificates and where can I get it?

sorry the huge text

My two cents is that your case is very unusual and there's likely not much you can do but wait and see what happens. Hopefully BC PNP does not challenge IRCC on the issuance of your COPR and hopefully there's no action from IRCC. I think there's a decent chance nothing will happen and you will be fine. If you are notified that there's an issue and they are looking into the issuance of your COPR and reopening your file, hire an immigration lawyer. Your case doesn't look good since you were obligation to notify BC PNP when you lost your job and you failed to do that for almost six months. Ultimately anything is possible right now and your case is quite unusual.

 

[moscatojuices]

Looks to me like you got very lucky and were mistakenly granted PR.

Most people in this situation would keep their mouth shut and hopes that no-one notices.