Express Entry - Loss of employment

[gkdeore]

Hello Champs,

I find myself in a peculiar situation.

I applied for PR under Express Entry - BC PNP stream in June. My score was 1070 (600 for nomination).
I just lost my job this month. Not sure how that will affect my application, I called CIC and asked them the question.

They said it shouldn't affect my application, since they are concerned about the time at which the application is submitted.
But I talked to a lawyer and he said that it might affect the application if the province revokes the nomination. I'm getting mixed answers from various sources. I referred to a few threads about the topic, but didn't get any concrete info. :-X

Anybody went through a similar situation? Any clarity on the confusion will help me put my mind at ease!

Thanks in advance!!

 

[Asivad Anac]

Should not be a problem. The province made their decision to nominate you based on the situation at that point in time when you submitted your application to them and so would CIC.

 

[gkdeore]

Thank you Asivad Anac!!

The confusion was caused because of the (ill-informed) advice the immigration lawyer gave me.

 

[Asivad Anac]

There seems to be a severe shortage of sensible immigration lawyers in Canada. I see an opportunity! ;D

 

[feejay87]

Hello Champs,

I find myself in a peculiar situation.

I applied for PR under Express Entry - BC PNP stream in June. My score was 1070 (600 for nomination).
I just lost my job this month. Not sure how that will affect my application, I called CIC and asked them the question.

They said it shouldn't affect my application, since they are concerned about the time at which the application is submitted.
But I talked to a lawyer and he said that it might affect the application if the province revokes the nomination. I'm getting mixed answers from various sources. I referred to a few threads about the topic, but didn't get any concrete info. :-X

Anybody went through a similar situation? Any clarity on the confusion will help me put my mind at ease!

Thanks in advance!!

If BC PNP requires a job offer to qualify then there could be a problem as you were nominated because you had an offer, but If job offer was not mandatory for securing a Provincial Nominee, then I guess you're all good to go

 

[ETE]

There seems to be a severe shortage of sensible immigration lawyers in Canada. I see an opportunity! ;D

You'd be an excellent immigration consultant or lawyer Asivad. I say go for it.

 

[Asivad Anac]

You'd be an excellent immigration consultant or lawyer Asivad. I say go for it.

Thanks for the support! I'm not sure if I would be good at being a lawyer/consultant - I give way too much free advise.

 

[susana]

Should not be a problem. The province made their decision to nominate you based on the situation at that point in time when you submitted your application to them and so would CIC.

He needs to notify the province , they might withraw the nomination or keep it. Is their decision to make.

 

[susana]

Hello Champs,

I find myself in a peculiar situation.

I applied for PR under Express Entry - BC PNP stream in June. My score was 1070 (600 for nomination).
I just lost my job this month. Not sure how that will affect my application, I called CIC and asked them the question.

They said it shouldn't affect my application, since they are concerned about the time at which the application is submitted.
But I talked to a lawyer and he said that it might affect the application if the province revokes the nomination. I'm getting mixed answers from various sources. I referred to a few threads about the topic, but didn't get any concrete info. :-X

Anybody went through a similar situation? Any clarity on the confusion will help me put my mind at ease!

Thanks in advance!!

You must notify the province the change of circumstances as soon as possible, do not forget that here you do not get any legal advice.

 

[susana]

IMPORTANT* Notifying BC PNP of Termination or Change of Employment
The employer and applicant must notify the BC PNP in the event of a change in employment, including promotion, new employment, lay-off or termination of employment.

Throughout this process, the BC PNP may withdraw your nomination if you do not continue to meet the requirements under which you were nominated. Some reasons why we may withdraw a nomination include:
 if the information provided in your application to the PNP was false or misleading
the terms under which you were nominated are no longer being met (for example, if your income was reduced and you no longer meet the income threshold, or if your hours of work have been reduced to casual or part-time employment)
 if you leave your current job in B.C., change employers or are no longer living in B.C.

Change of Employment
A nominee may change employers and BC PNP may continue to support the nomination if the following requirements are met:
 the nominee notifies the BC PNP immediately upon receiving a new job offer
 the new employer provides supporting nomination documentation
 the new employer is a B.C. employer, and the employment location is B.C.
 the nominee has maintained legal status in Canada
 the employment change is reviewed by the BC PNP to determine ongoing eligibility including that the
conditions of original nomination continue to be met.

 

[susana]

Thank you Asivad Anac!!

The confusion was caused because of the (ill-informed) advice the immigration lawyer gave me.

The information the Immigration lawyer gave you is correct.

 

[susana]

Should not be a problem. The province made their decision to nominate you based on the situation at that point in time when you submitted your application to them and so would CIC.

This time you might be wrong, his nomination looks to be tied to a permanent job offer. If the job does not longer exists, the nomination could be whitdrawn.

 

[Asivad Anac]

You must notify the province the change of circumstances as soon as possible, do not forget that here you do not get any legal advice.

The OP did call CIC and the agent informed them that it is alright. The agent's advice isn't legally binding either. In fact, the only legal advice they have got is from a lawyer who said that it might affect their application.

You are right in pointing out that there could be an issue if the PN was contingent on having a job offer. But that would matter only till the PN decision was made. CIC would accept their PN at face value without getting into other details about them having a job or not.

I leave it to the OP to decide about informing BC at this stage of their application and risk losing the nomination in addition to their recent job loss. Remember they applied in June/July so their PR decision could be here in a matter of months, if not weeks.

Having said that, they would still be at 470 without the nomination and should get another ITA fairly easily if they risk informing BC and subsequently stand to lose their nomination. It is the OP's call.

 

[susana]

is it a risk worth taking ? What happens if the employer already notified the Province ? Is it correct to pretend nothing has happened when you have the duty to notify the province about the loss of employment ?
CiC customer service agents are NOT inmigration Officers and they do not have a saying in the final decision.
Let's say you are correct and he gets the PR. He must have a landing interview and the question about his employment will come up. If he lies, is misrepresentation and he could be banned . Again, why risk it ?
The CBSA officer and/or the immigration officer conducting the landing interview can cancel the COPR at the time of landing.

 

[Asivad Anac]

is it a risk worth taking ? What happens if the employer already notified the Province ? Is it correct to pretend nothing has happened when you have the duty to notify the province about the loss of employment ?
CiC customer service agents are NOT inmigration Officers and they do not have a saying in the final decision.
Let's say you are correct and he gets the PR. He must have a landing interview and the question about his employment will come up. If he lies, is misrepresentation and he could be banned . Again, why risk it ?
The CBSA officer and/or the immigration officer conducting the landing interview can cancel the COPR at the time of landing.

Yes. All of these are possible. It is also possible that they find another job before/shortly after getting their PR decision (but before they 'land') and life goes back to normal - just that the OP changed employers between getting the ITA and getting the PR. They could truthfully answer positively to questions about their employment status even if they come up on the border.

It is in the realms of possibility that the CBSA officer specifically questions them about their place of employment and cross verifies that information with the information available in the BC PNP system but now we are stretching it too far. The OP isn't attempting to mislead anyone or misrepresent themselves if they find another job in BC before they 'land'. But you're right in recommending that they inform BC about changes to employment. It is a risk either way.

As I said earlier, it is the OP's call.