CEC: Leaving job after AOR and claiming 50 pts for arranged employment

[luvcivil]

Hi All

I have received ITA for CEC and I am claiming 50 points for arranged employer from employer A. Currently on closed WP, LMIA exempt.
1-2 months after AOR stage, I may leave the job with current employer A and join employer B, that will apply for new WP and have a fresh LMIA.

Do i need to inform IRCC about this change after AOR? If yes, how?

 

[scylla]

Hi All

I have received ITA for CEC and I am claiming 50 points for arranged employer from employer A. Currently on closed WP, LMIA exempt.
1-2 months after AOR stage, I may leave the job with current employer A and join employer B, that will apply for Open WP.

Do i need to inform IRCC about this change after AOR? If yes, how?

You should expect to lose the 50 points if you change to employer B on an open work permit.

If you lose the 50 points, are you still above the ITA cut off?

 

[luvcivil]

I will not be above the cut off score.

Can I request similar arranged Offer from my new employer stating that they it will be valid 1 year after PR is approved and send it as webform? Is this approach ok?

 

[scylla]

I will not be above the cut off score.

Can I request similar arranged Offer from my new employer stating that they it will be valid 1 year after PR is approved and send it as webform? Is this approach ok?

In that case you need the 50 points or you're at high risk of your application being refused.

Your new employer needs to get an approved LMIA if you want to continue to qualify for the 50 points but under a new employer. A letter won't be enough.

 

[luvcivil]

Agreed. When I will begin my new job with employer B it would have new work permit and LMIA done with it. These two alongwith new arranged offer should suffice?

 

[scylla]

Agreed. When I will begin my new job with employer B it would have new work permit and LMIA done with it. These two alongwith new arranged offer should suffice?

That should be fine. Your post above said open work permit.

 

[luvcivil]

Hi so it will be an new open permit and this new job will have fresh LMIA done. Sorry i forgot to put to add info about new LMIA.

If after AOR, I submit new arranged offer and new permit with new LMIA, would that be ok to update through webform.

 

[moscatojuices]

How did you get LMIA-exempt visa? Did you have a work permit support letter?

 

[luvcivil]

It was Intra Company transfer work permit, which was LMIA exempt

 

[staycaught]

In that case you need the 50 points or you're at high risk of your application being refused.

Your new employer needs to get an approved LMIA if you want to continue to qualify for the 50 points but under a new employer. A letter won't be enough.

Are you sure about this? This post was pointing to something else: https://www.canadavisa.com/canada-immigration-discussion-board/threads/urgent-loss-of-job-while-waiting-for-pr-application-cec-to-be-processed.631643/post-7892007

Specifically

"I spoke with my MP who has been in touch with CIC in regards to my case and I was informed that my loss of job does not affect my PR application as it happened after the date of AOR.

It does mean that my points were adjusted accordingly in my application (-50 points which puts me below the minimum CRS for my round of invitations) however that has no significant impact on the overall decision as I still meet the MEC and am able to explain my loss of job to IRCC."

 

[scylla]

Are you sure about this? This post was pointing to something else: https://www.canadavisa.com/canada-immigration-discussion-board/threads/urgent-loss-of-job-while-waiting-for-pr-application-cec-to-be-processed.631643/post-7892007

Specifically

"I spoke with my MP who has been in touch with CIC in regards to my case and I was informed that my loss of job does not affect my PR application as it happened after the date of AOR.

It does mean that my points were adjusted accordingly in my application (-50 points which puts me below the minimum CRS for my round of invitations) however that has no significant impact on the overall decision as I still meet the MEC and am able to explain my loss of job to IRCC."

The scenario being discussed in this thread is around leaving an employer and not job loss. These two circumstances are very different. The thread you've quoted is a job loss situation.

We've seen people lose the 50 points here and have this impact their application under the circumstances of leaving the employer. IRCC doesn't like baits and switches.

 

[staycaught]

The scenario being discussed in this thread is around leaving an employer and not job loss. These two circumstances are very different. The thread you've quoted is a job loss situation.

We've seen people lose the 50 points here and have this impact their application under the circumstances of leaving the employer. IRCC doesn't like baits and switches.

Ok that makes sense. So if you lose the job (like fired/laid-off) what happens?

 

[staycaught]

The scenario being discussed in this thread is around leaving an employer and not job loss. These two circumstances are very different. The thread you've quoted is a job loss situation.

We've seen people lose the 50 points here and have this impact their application under the circumstances of leaving the employer. IRCC doesn't like baits and switches.

Just looking to follow up on this and if you know what happens exactly in the job loss scenario after APR? Based on https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

Under "Change in circumstance declared after an e-APR has been submitted" it says:
--
" 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."

It does not mention anything about point recalculation after e-APR (AOR) but it does mention MEC (minimum requirements). I could not find a clear definition of what MEC would consist of (for CEC) which is why I thought someone more experienced here might know.

 

[raghavgrover]

Losing points would mean that you no longer meet the minimum requirements.
Def with work permit, lmia and a new job offer letter will help as you would still meet the requirement of that program and the draw that occurred when you received ITA

 

[staycaught]

Losing points would mean that you no longer meet the minimum requirements.
Def with work permit, lmia and a new job offer letter will help as you would still meet the requirement of that program and the draw that occurred when you received ITA

That is the confusion I have as well. It says minimum eligibility criteria for the program not for the draw you participated in as that is covered under A11.2.

From what I can tell, A11.2 is the score checks and then there is the MEC (minimum eligibility criteria) for the program. For CEC this should be 1560 hours (1 yr xp), minimum IELTS score and so on. My understanding a score of 75 and 675 can both meet MEC for CEC but the 75 score may not meet A11.2 (score threshold) if they were both in the same draw.

If you can point me to something more concrete otherwise it would be great as I'm trying to find out myself. This is just preparing for the worst case but hopefully does not come to it.

This specifically is the crux from their site:

• 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.

"minimum requirements of the program", but it isn't very descriptive. If someone had any real cases that would be helpful