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

[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

Ok I did some further research into this.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html

Section "Eligibility criteria"
it looks like
"In order to be eligible to be issued an invitation, a foreign national must, if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class."

Still not concrete, but what are you thoughts on this?
2(a) to (c) is FSW/CEC/FST.

My understanding from this is that eligibility criteria means the barebones basic requirements of any of those programs, not seeing where the impact of points changing would come in.

 

[raghavgrover]

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

Think about it logically, you told IRCC that I am a lmia exempted worker and here’s the job offer for A and this is good for 1 year post PR( focus post PR) , but while your application is being processed you left company A and told to IRCC and they will say hey you told me otherwise so here goes your 50 points unless you give me new evidence of the job offer and work permit. These words on the website are at high level and open to interpretation - draws are part of the program.
How an IRCC officer will handle the case can be different from case officer to officer and your best safest bet is to ensure you let them know and provide them with your new work permit, lmia and a new job offer which is valid for 1 year+ post PR OR
since you said ‘may’ in your first post may be with A till you get PR

 

[staycaught]

Think about it logically, you told IRCC that I am a lmia exempted worker and here’s the job offer for A and this is good for 1 year post PR( focus post PR) , but while your application is being processed you left company A and told to IRCC and they will say hey you told me otherwise so here goes your 50 points unless you give me new evidence of the job offer and work permit. These words on the website are at high level and open to interpretation - draws are part of the program.

I was talking about a different case.
I was talking about the unfortunate case where the company lets you go because say they cannot afford you anymore so through no fault of yours you were let go. Under this situation what will happen? Ie you yourself were committed and would have continued working there but were let go (out of control situation).

 

[Taran D]

I was talking about a different case.
I was talking about the unfortunate case where the company lets you go because say they cannot afford you anymore so through no fault of yours you were let go. Under this situation what will happen? Ie you yourself were committed and would have continued working there but were let go (out of control situation).

I know its a devastating situation but still you have to suffer the consequences. One of my friend's PNP got rejected due to business closing doors. So she had to wait anothe year to get ITA again. You can't do anything about it.

 

[raghavgrover]

I was talking about a different case.
I was talking about the unfortunate case where the company lets you go because say they cannot afford you anymore so through no fault of yours you were let go. Under this situation what will happen? Ie you yourself were committed and would have continued working there but were let go (out of control situation).

I am not sure, how would IRCC go in a different direction even if this happens as the employer committed to have you by giving you a job offer and now they dont, so unless you have a new employer who has given you a work permit and an offer , you would lose 50 points in my opinion.
I would advise that you talk to an Immigration lawyer for this one to get a formal advice on this.

 

[staycaught]

I am not sure, how would IRCC go in a different direction even if this happens as the employer committed to have you by giving you a job offer and now they dont, so unless you have a new employer who has given you a work permit and an offer , you would lose 50 points in my opinion.
I would advise that you talk to an Immigration lawyer for this one to get a formal advice on this.

If it does come to that (hopefully not) I'd consult an immigration lawyer.
Based on what I can read it seems like it shouldn't impact the case as long as any change happens after eAPR (not sure about PNP, I only researched LMIA cases).

I found some posts here related to this:

1. https://www.canadavisa.com/canada-immigration-discussion-board/threads/losing-job-after-ita.271242/page-2#post-5046222
2. 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

(1) thread has some interesting data points, granted it is from 2016 but the fkl user looks to have seen a couple of these cases.

 

[staycaught]

I am not sure, how would IRCC go in a different direction even if this happens as the employer committed to have you by giving you a job offer and now they dont, so unless you have a new employer who has given you a work permit and an offer , you would lose 50 points in my opinion.
I would advise that you talk to an Immigration lawyer for this one to get a formal advice on this.

I know its a devastating situation but still you have to suffer the consequences. One of my friend's PNP got rejected due to business closing doors. So she had to wait anothe year to get ITA again. You can't do anything about it.

Check this: https://meurrensonimmigration.com/arranged-employment/

https://twitter.com/i/web/status/1380569803602026497

Search for "Question 4"
The reply is from an immigration representative so not sure what it is worth but the signs are pointing to arranged offer loss not being an issue after AOR/e-APR.

 

[staycaught]

Check this: https://meurrensonimmigration.com/arranged-employment/

https://twitter.com/i/web/status/1380569803602026497

Search for "Question 4"
The reply is from an immigration representative so not sure what it is worth but the signs are pointing to arranged offer loss not being an issue after AOR/e-APR.

Did anyone get a chance to read the above?

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

I am not sure, how would IRCC go in a different direction even if this happens as the employer committed to have you by giving you a job offer and now they dont, so unless you have a new employer who has given you a work permit and an offer , you would lose 50 points in my opinion.

I know its a devastating situation but still you have to suffer the consequences. One of my friend's PNP got rejected due to business closing doors. So she had to wait anothe year to get ITA again. You can't do anything about it.

 

[scylla]

Did anyone get a chance to read the above?

This is for losing a job. My comments were around quitting a job. These are different scenarios.

 

[staycaught]

This is for losing a job. My comments were around quitting a job. These are different scenarios.

Do you know anything about the losing the job situation as well? The lawyer Steven suggests no impact but thought to ask you as an experienced contributor if you have seen or heard otherwise?

 

[scylla]

Do you know anything about the losing the job situation as well? The lawyer Steven suggests no impact but thought to ask you as an experienced contributor if you have seen or heard otherwise?

I can't comment on that.

 

[staycaught]

I can't comment on that.

Understood. I'd hoped someone had somewhat of a conclusive answer to this situation but it looks to be a grey area.

 

[MrTambo]

Understood. I'd hoped someone had somewhat of a conclusive answer to this situation but it looks to be a grey area.

Did you happen to find a concrete answer about being laid off after AOR with 50 points claimed?

 

[raghavgrover]

Did you happen to find a concrete answer about being laid off after AOR with 50 points claimed?

You lose the points as you longer have the job offer for 1 year after PR , its simple as that.
IRCC also mentions to inform them about any employment changes in AOR letter.
Not informing them would be considered kind of lying and could be misrepresentation as well.

 

[moscatojuices]

You lose the points as you longer have the job offer for 1 year after PR , its simple as that.
IRCC also mentions to inform them about any employment changes in AOR letter.
Not informing them would be considered kind of lying and could be misrepresentation as well.

This depends on where the applicant is at after AOR. Say if they have a decision made on their application or COPR, what is IRCC going to do? Cancel their PR??? I very much doubt it.

But if they find out after asking for your pay stubs and updated letter that you lost the job then sure, the applicant is in trouble.