Employer Name change post LMIA/work permit

[ShakthiH]

Hi,

I landed in Canada on LMIA based WP in Jan 2019. And the company name changed from say 'xyz' to 'abc' in March 2019. It was not a merger, not an acquisition, not a buy-out. I did not change the employer either. It is just a company name change. So, now, the LMIA/WP have a different company and the employment letter and recent payslips have a different employer name. Anyone here who faced similar situation can share their experience or anyone who knows exactly what needs to be done?

I contacted Service Canada twice and did not get any real information. They asked me to contact IRCC through the employer. I have asked my employer to do so, but wanted to get your inputs on this.

I would be getting a detailed letter from the employer explaining the whole thing and use it along with my own LOE, but is there anything else I should be doing before accepting the ITA?
For some reason I am not feeling confident accepting the ITA since I am claiming LMIA points, but the company name on LMIA and the employment letter/payslip do not match.

 

[bslay235]

hey @ShakthiH, were you able to sort this out?

 

[pyramid7799]

Hi,

I landed in Canada on LMIA based WP in Jan 2019. And the company name changed from say 'xyz' to 'abc' in March 2019. It was not a merger, not an acquisition, not a buy-out. I did not change the employer either. It is just a company name change. So, now, the LMIA/WP have a different company and the employment letter and recent payslips have a different employer name. Anyone here who faced similar situation can share their experience or anyone who knows exactly what needs to be done?

I contacted Service Canada twice and did not get any real information. They asked me to contact IRCC through the employer. I have asked my employer to do so, but wanted to get your inputs on this.

I would be getting a detailed letter from the employer explaining the whole thing and use it along with my own LOE, but is there anything else I should be doing before accepting the ITA?
For some reason I am not feeling confident accepting the ITA since I am claiming LMIA points, but the company name on LMIA and the employment letter/payslip do not match.

My company was acquired and new employer applied for "succession of interest". In your case since it is not an acquisition, I would assume, your employer has to share the notification of change in name to the ESDC for them to update the LIMA document. You can use the same correspondence document uploaded as part of your experience or employment offer letter document.

 

[bslay235]

Hey @pyramid7799, my company was acquired too, I am currently working on a work permit base on LMIA (with the old company name), and I want to use it now for extra points on Express Entry. The new company is a "successor in interest", do you know if a need a new LMIA? I couldn't find anything about it on IRCC website.

 

[RefugeeHelp1]

Hey @pyramid7799, my company was acquired too, I am currently working on a work permit base on LMIA (with the old company name), and I want to use it now for extra points on Express Entry. The new company is a "successor in interest", do you know if a need a new LMIA? I couldn't find anything about it on IRCC website.

It's possible that you may need to apply for a new work permit if your company was acquired by another company and the terms of your employment have changed as a result. In general, a work permit is tied to a specific employer and a specific job offer, and if either of those things changes, you may need to apply for a new work permit.

If the new company is a "successor in interest" to the old company, it may be considered the same employer for the purpose of your work permit. However, it's important to check with Immigration, Refugees and Citizenship Canada (IRCC) to confirm whether a new work permit is required in your situation.

To do this, you can contact IRCC's Call Centre for assistance. The Call Centre can provide general information about immigration to Canada and the various programs and processes that are available.

It's also worth noting that if you are applying for permanent residence through the Express Entry system, you may need to provide evidence of your current employment status and your work permit. It's important to ensure that you have the necessary documentation to support your application.

 

[bslay235]

Thanks, @RefugeeHelp1, yes, no condition has changed, and the new company is even listed on the official registers of Ontario as the successor of the old company. The business name is actually still the same, only the corporation name changed.

 

[bslay235]

My main doubt right now is if even if I don't need a new work permit, would I still be able to use the LMIA for extra points on express entry?

@pyramid7799, did you have to show some kind of document to prove "succession of interest" to IRCC?

 

[pyramid7799]

My main doubt right now is if even if I don't need a new work permit, would I still be able to use the LMIA for extra points on express entry?

@pyramid7799, did you have to show some kind of document to prove "succession of interest" to IRCC?

You can use the LIMA with your current employers old name to claim the points. Include a letter of explanation - if it is a case of name change refer to the name change correspondence your employer would have done with ESDC and if it is a case of acquisition then your new employer need to mention "successor in interest" in your experience letter.

 

[hodhod9696]

Hi,

I landed in Canada on LMIA based WP in Jan 2019. And the company name changed from say 'xyz' to 'abc' in March 2019. It was not a merger, not an acquisition, not a buy-out. I did not change the employer either. It is just a company name change. So, now, the LMIA/WP have a different company and the employment letter and recent payslips have a different employer name. Anyone here who faced similar situation can share their experience or anyone who knows exactly what needs to be done?

I contacted Service Canada twice and did not get any real information. They asked me to contact IRCC through the employer. I have asked my employer to do so, but wanted to get your inputs on this.

I would be getting a detailed letter from the employer explaining the whole thing and use it along with my own LOE, but is there anything else I should be doing before accepting the ITA?
For some reason I am not feeling confident accepting the ITA since I am claiming LMIA points, but the company name on LMIA and the employment letter/payslip do not match.

Hello, my partner is currently in the exact same situation and I was wondering how did it go for you? Did you need to change anything? Thank you!

 

[bslay235]

@hodhod9696
I was in the same situation (as you can see from my last messages on this thread), I wrote a letter of explanation as part of my application saying that the name of my company changed due to a corporate restructuring (acquisition), and I also asked the HR to put both the old and new names on my employment letter and LMIA job offer letter.

Got my PR one month after I applied.

 

[Rajveer096]

@hodhod9696
I was in the same situation (as you can see from my last messages on this thread), I wrote a letter of explanation as part of my application saying that the name of my company changed due to a corporate restructuring (acquisition), and I also asked the HR to put both the old and new names on my employment letter and LMIA job offer letter.

Got my PR one month after I applied.

Hii @bslay235
I will be very grateful to you if you would help me with this. Actually I got my LMIA for express entry this month but suddenly my owner sold store to someone else. Now I will have new owner with new corporation 16 of October. But I am in same position and same location. It is tim hortons.

 

[bslay235]

hey @Rajveer096, it's a very frustrating situation. But all I did was what I mentioned on my message above, and I was able to get the PR.

I think the main idea is to have a clear link between the new and the old name of the company on your job offer and employement letter. In my case for example the company put something like "XXX worked for YYY (to be renamed to ZZZ due to coporate restructuring) since..."

Where YYY was still the old name and ZZZ is the new name after the acquisition.