getting laid off after aor

[Firpo]

Hello everyone,

Does someone know if it affects my application if I am getting laid off after I sent the application as Federal Skilled Worker.
So I am in the stage that I received AOR but might get laid off in the next few months. My current job is based on a LMO (now LMIA)
Therefore I get 600 additional points. But I don't know if things change after I get laid off even if I already have sent the application.

Thanks for any help!

Cheers.

 

[brunofuster]

Based on this http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

It should not refuse CEC applicants, not sure about FSW (I think that a job offer is mandatory, not for CEC)
If that's the case and there's still time, I'd refuse the ITA and change my profile to be invited for CEC instead

Cheers and good luck

 

[variazioni]

Based on this http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp

It should not refuse CEC applicants, not sure about FSW (I think that a job offer is mandatory, not for CEC)
If that's the case and there's still time, I'd refuse the ITA and change my profile to be invited for CEC instead

Cheers and good luck

Just want to clarify... When you say FSW it means FSW with LMIA right? Not the people under CRS 600?

 

[brunofuster]

Just want to clarify... When you say FSW it means FSW with LMIA right? Not the people under CRS 600?

The score or LMIA doest matter. Change in circumstances after AOR does not affect your points anymore. What happens is that if there's a change in circumstance that affects the program eligibility PR will be denied.

Given that CEC doesn't require a job offer, losing your job after AOR and notifying CIC about it would still make you eligible for CEC.

 

[variazioni]

The score or LMIA doest matter. Change in circumstances after AOR does not affect your points anymore. What happens is that if there's a change in circumstance that affects the program eligibility PR will be denied.

Given that CEC doesn't require a job offer, losing your job after AOR and notifying CIC about it would still make you eligible for CEC.

So does FSW in general requires applicants to work currently? Or you mean just FSW with LMIA needs to be working currently? I always thought FSW are just required to have continuous work experience before they submitted application?

 

[Asivad Anac]

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.

 

[variazioni]

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.

Thanks! That clears my worries and I can sleep happily now. Thank you!

 

[Pippin]

It is getting late here and I am tired but I have read
And re-read this thread and I am puzzled by the responses. As I understand the poster IS getting 600 points for having an approved job. If the final decision is made BEFORE layoff then it is ok, but if lay off happens before final decision, surely you have to inform CIC of the change of circumstances and the 600 points would be lost. Have I understood correctly?

 

[Asivad Anac]

Your understanding seems correct.

The OP will be in a fix because (s)he got the ITA due to those 600 additional points from the LMIA supported job offer. Losing THAT job is a problem for sure. Informing CIC is the right thing to do but that will also mean losing those 600 points and the ITA that came along because of them.

 

[Firpo]

thanks for replying guys.

@Pippin: Yes you got the situation right. Based on your post I would be in big trouble. I just don't get why I suddenly will be in such trouble. I am working for 1 year and 4 months based on a job connected to a LMIA. Now if I might loose my job I will be refused for. The 1 year and 4 months that I worked on a LMIA based position isn't worth anything anymore? I don't get it. Need to figure that out somehow and see what are my options in that case.

 

[brunofuster]

Change in circumstance declared after an e-application has been submitted

To assess an application on A11.2, a processing office must consider the information in an applicant’s profile at the time of the draw 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 happened before the applicant submitted their e-APR and that the change would have caused the applicant to be refused on A11.2 – and therefore, the application should be refused on A11.2; or
the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying – and therefore, the application may still meet the requirements of A11.2 but can be refused on program requirements.
For example, if an applicant marries before they submit their e-APR, but only informs CIC of the marriage after they submit their e-APR, the marriage can be taken into account as part of the A11.2 assessment.

If, however, an applicant marries after they submit their e-APR, then informs CIC of the marriage, the marriage cannot be taken into account as part of the A11.2 assessment. The change in circumstance may, however, affect whether the applicant still meets program requirements. See below for details.

 

[Pippin]

You would qualify under CEC and that Doesn't change once the 12 months are earned. The 600 points for approved job offer means the employer has been unable to fill a needed position and you are filling a need in the Canadian market. The 600 points ensures you would be "head of the line" to fill that job. If the position no longer exists ..... Then I don't think you can claim the points and it could get into the realm of misrepresentation if CIC are not informed. Is there any way the employer could keep you on for the short time required? I wish you every success.

 

[Firpo]

thanks brunofuster for your help!

"the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying – and therefore, the application may still meet the requirements of A11.2 but can be refused on program requirements."

..and how to I figure out if I still meet the minimum program requirements? 4 years work experience. 1 year diploma outside Canada, 1 year diploma in canada.

not really in the mood to just hope for the best for the next 6 months.

 

[dobes]

thanks brunofuster for your help!

"the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying – and therefore, the application may still meet the requirements of A11.2 but can be refused on program requirements."

..and how to I figure out if I still meet the minimum program requirements? 4 years work experience. 1 year diploma outside Canada, 1 year diploma in canada.

not really in the mood to just hope for the best for the next 6 months.

The issue here is, does "the program to which you are applying" mean FSW, or does it mean EE? If it means EE, then the loss of your job and the 600 points for it could mean you are no longer eligible. If it means FSW - and I believe it does - then as long as you still have 67 FSW points, you are still good to go.

At any rate, you are required to report the change, once it actually happens, to CIC. I think you will still be fine.

 

[Firpo]

@dobes: what do you mean with EE program?