getting laid off after aor

[jes_ON]

A "valid job offer" requires 2 things - the LMO/LMIA AND a written offer of permanent employment. This is the definition used both for EE CRS to get the extra 600 pts, AND the FSW selection factor "Arranged Employment."

Being laid off before the application is finalized would mean you no longer have arranged employment, if you apply under the FSW program. So you would have to see if you still meet the minimum of 67 points without arranged employment.

If would not affect someone who applied under the CEC program.

 

[purplesnow]

IMO, any FSW applicant with an ITA (CRS below 600 points) wouldn't need to worry about losing/resigning from their current jobs and moving on to new roles as well without keeping CIC in the loop. It doesn't matter to CIC because the ITA was on the basis of 1 year of continuous full-time paid work-ex in the past. And what the applicant does AFTER receiving the ITA is his/her own business as long as it doesn't change their CRS score which, in this case, it doesn't.

FSW applicants with an ITA (CRS above 600 points) have a cause for concern because their ITA is contingent on the LMIA approved job offer.

This is right I think. Because the OP got the ITA on the basis of having an LMIA, they would have to inform CIC if they are laid off. this would then mean that they are not eligible for the 600 points anymore. This doesn't mean that they are not eligible for FSW without an LMIA or CEC, just that their current invite was based on circumstances that no longer exist. If you are laid off, inform CIC, they will probably have to revoke your current ITA but I don't see why you couldn't re-enter the pool. If you are laid off after you get your PR, then no problem.

 

[brunofuster]

Anyway, I've been researching about this because I will be laid off soon as well as the company I'm working for decided to close its doors. My lawyer says that I shouldn't be worried, and another immigration consultant that i know says the same.

I'll let you know soon as I'll have to inform CIC in the next couple weeks

Cheers

 

[Firpo]

Can someone explain that 67 points? I don't really understand what matters for that 67 points calculation.

@brunofuster: Great to hear! Wish you best of luck for your application. Would you mind letting me know the names of the immigration consultants via PM in case they are in Vancouver?

 

[brunofuster]

The company I work for paid for a lawyer from http://www.eganllp.com/EL/en/Home, which is really expensive
The other consultant is http://www.immi-canada.com but I haven't talked to them directly, a friend talked about our case with them and they said to not worry about it and go talk with them... If I'm not wrong is around $100 per consult

 

[Pippin]

Can someone explain that 67 points? I don't really understand what matters for that 67 points calculation.

@ brunofuster: Great to hear! Wish you best of luck for your application. Would you mind letting me know the names of the immigration consultants via PM in case they are in Vancouver?

You will find calculation instructions for FSW here. http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp

 

[susana]

@ dobes: what do you mean with EE program?

Express Entry is not a program. EE is a selection system. The only programs to be elegible under EE are FSWP, CEC and FSTP.

Don not confuse applicants please !

 

[Firpo]

@Pippin: Thanks for posting the link. I get to 71 points. So I am still qualified I guess.
@susana: Thanks for the clarification!

 

[ra_delacruz05]

How about being laid off before an ITA? Shoukd it affect my 600 points? Thanks

 

[susana]

@ dobes: what do you mean with EE program?

Yes, unfortunatelly, if you are laid off before getting the ITA, you loose your 600 points.

 

[fuyiii]

Hi experts, I have similar question, so I searched the forum and I found this thread.
Thank you advance to help me.

So I have submitted my PR application back in March 2016. before I received my ITA, I was eligible for CEC. I also got PNP nomination, and that's where I got 600 points.

My question is that can I quit my job now? is my application going to be affected?

I also found this thread below, it seems like the OP here had the 600 points, and CIC told him/her that once the E-APR is submitted, the status is locked and nothing will affect the application?
http://www.canadavisa.com/canada-immigration-discussion-board/good-news-from-cic-t275544.0.html

Please advise, thank you very much!!

 

[fuyiii]

Hi experts, I have similar question, so I searched the forum and I found this thread.
Thank you advance to help me.

So I have submitted my PR application back in March 2016. before I received my ITA, I was eligible for CEC. I also got PNP nomination, and that's where I got 600 points.

My question is that can I quit my job now? is my application going to be affected?

I also found this thread below, it seems like the OP here had the 600 points, and CIC told him/her that once the E-APR is submitted, the status is locked and nothing will affect the application?
http://www.canadavisa.com/canada-immigration-discussion-board/good-news-from-cic-t275544.0.html

Please advise, thank you very much!!

Please help! Thank you!

 

[defintelyguru]

To clarify a little...
It's not an official answer, but it should do.

1. the LMIA was done to sponsor a foreign worker for permanent residency. In that case, the employer is taking an engagement, and has to respect it for a certain amount of time that goes beyond the landing of the worker. If he fires the worker during the process, or shortly after, he could be accountable !
If the worker leaves his job before or during the process, the LMIA is no longer valid, and therefore his application has to be cancelled.
So basically, you're stuck with the employer for a little while.

2. the LMIA was done independently, and you applied under FSW with a "valid job offer". That will give you 600 points, but also proof of funds ! If you loose the job after you applied and received AOR, you can still meet the requirements IF you have enough points, minus the 600, to have been selected in that same draw, and you have another way to provide POF. If you can't, your application will not meet the requirements. You may still be eligible for CEC though, but you'll have to start over.

3. the LMIA was done independently, and you applied under CEC with a "valid job offer". That will give you 600 points. If you loose the job after you applied and received AOR, you can still meet the requirements IF you have enough points, minus the 600, to have been selected in that same draw. If you can't, your application will not meet the requirements. (You don't need POF as you have valid status, so that criteria wouldn't be an issue)

Now, if your job offer is tied to a PNP nomination it complicates a bit. Not sure here. But the nomination could also be invalidated if the job offer is no longer valid. Therefore, you loose the nomination and the 600 points. I'd say this is the same as situation #2. You'd need to to meet score and POF without the job offer to still meet the requirements.

 

[fuyiii]

That makes sense! Thank you a lot!

 

[canuck655]

The company I work for paid for a lawyer from http://www.eganllp.com/EL/en/Home, which is really expensive
The other consultant is http://www.immi-canada.com but I haven't talked to them directly, a friend talked about our case with them and they said to not worry about it and go talk with them... If I'm not wrong is around $100 per consult

Did the layoff/loss of points impact your PR?