Have I lost my 600 points?

[ButterflyChemist]

If you are still getting paystubs generated while you are away from Canada then the LMIA will be helpful for you in securing additional 600 points. The moment your LMIA expires and you did not obtain PR approval your 600 points will be deducted as your LMIA will already been expired by that time.

Happened with you of my friend where he got the ITA coz his LMO was expiring in a month's time, However his PR application got rejected later (during processing) as he had travelled back and LMIA was no longer valid.

Expiry of LMIA does not lead to loss of points as long as a valid work permit based on the LMIA has been issued.

 

[yepyep]

Expiry of LMIA does not lead to loss of points as long as a valid work permit based on the LMIA has been issued.

Is a valid work permit based on the LMIA still enough to go through with my application if I am no longer in Canada but All other info from EE profile and the programme requirements are still met?

 

[jes_ON]

Thanks for all the info guys. The job offer is legit, iv been Working there since 2012 and activated my LMO work permit in July 2013. However that is coming to an end and I have returned home. I received my ITA in April before I left the country. I am welcome back to employment at any point i should return to Canada.
Like I say in my mind its a case of go for it because I have everything I need I just not there on that work permit anymore,, or wait out and try get a new LMIA to use.

Makalutus, do you mean if I applied, and my work permit expires during the process, then you lose the 600? I'm aware that once you get your Apr in, the points are froze in time. Its just a case of everything being correct after that.

You have 600 points for a valid job offer, which is defined as having an LMO/LMIA and a written offer of permanent employment. This definition works for people who are both inside and outside of Canada, there is no requirement to be working for the employer at the time of employment.

Your situation is unusual, tho. Usually terminating employment with the employer who has made the offer means the end of "arranged employment," which would indeed cause you to loose your CRS eligibility. So you should CYA. I would suggest getting a letter from your former/future employer that re-affirms that the offer of permanent employment is still valid should you obtain permanent residence status. Or, if this is true, say something like you are on an unpaid leave of absence for personal reasons. Depends if you actually terminated employment or not.

 

[ButterflyChemist]

You have 600 points for a valid job offer, which is defined as having an LMO/LMIA and a written offer of permanent employment. This definition works for people who are both inside and outside of Canada, there is no requirement to be working for the employer at the time of employment.

Your situation is unusual, tho. Usually terminating employment with the employer who has made the offer means the end of "arranged employment," which would indeed cause you to loose your CRS eligibility. So you should CYA. I would suggest getting a letter from your former/future employer that re-affirms that the offer of permanent employment is still valid should you obtain permanent residence status. Or, if this is true, say something like you are on an unpaid leave of absence for personal reasons. Depends if you actually terminated employment or not.

I second this. Your FSW eligibility may also be affected as you could lose the point for arranged employment and might not meet the 67 points threshold.

 

[yepyep]

You have 600 points for a valid job offer, which is defined as having an LMO/LMIA and a written offer of permanent employment. This definition works for people who are both inside and outside of Canada, there is no requirement to be working for the employer at the time of employment.

Your situation is unusual, tho. Usually terminating employment with the employer who has made the offer means the end of "arranged employment," which would indeed cause you to loose your CRS eligibility. So you should CYA. I would suggest getting a letter from your former/future employer that re-affirms that the offer of permanent employment is still valid should you obtain permanent residence status. Or, if this is true, say something like you are on an unpaid leave of absence for personal reasons. Depends if you actually terminated employment or not.

Thanks! I just came home! Family reasons and visa coming to an end.. But i have a job offer. I have the permit that has not expired yet. I have everythjng. I see that basically no one leaves while they are in the process However I feel like I'm not misrepresenting because all questions will be answered honestly and a letter of explanation and a scan of my permit. I don't care too much about wasting fees if I get rejected, it's more a case of going for it and risking waiting 6 months to be rejected THEN waiting for new LMIA THEN waiting for ITA, or declining it and going for new LMIA asap. Its battering my head!

 

[Makolutus]

Thanks for all the info guys. The job offer is legit, iv been Working there since 2012 and activated my LMO work permit in July 2013. However that is coming to an end and I have returned home. I received my ITA in April before I left the country. I am welcome back to employment at any point i should return to Canada.
Like I say in my mind its a case of go for it because I have everything I need I just not there on that work permit anymore,, or wait out and try get a new LMIA to use.

Makalutus, do you mean if I applied, and my work permit expires during the process, then you lose the 600? I'm aware that once you get your Apr in, the points are froze in time. Its just a case of everything being correct after that.

So in my friend's case, he got the eApr and even applied for BOWP, but since he didn't get his PP request (and PR approval email), his application got rejected as his LMO expired in between the process, and his profile got updated automatically with a deduction of 600 points therefore nullifying the ITA (as the new profile score is less than the cutoff).

 

[jes_ON]

I see that basically no one leaves while they are in the process However I feel like I'm not misrepresenting because all questions will be answered honestly and a letter of explanation and a scan of my permit.

I would caution you that this explanation should not just come from you. It should come from your employer. well - if the written offer of permanent employment is dated AFTER you left Canada, that would be OK too.

 

[yepyep]

I would caution you that this explanation should not just come from you. It should come from your employer. well - if the written offer of permanent employment is dated AFTER you left Canada, that would be OK too.

On my offer of employment it says in it that I have a permanent job offer and can start anytime that I should gain permanent residence in Canada. Is that enough?

 

[jes_ON]

On my offer of employment it says in it that I have a permanent job offer and can start anytime that I should gain permanent residence in Canada. Is that enough?

Probably not, if it is dated before you left your job.

 

[yepyep]

Probably not, if it is dated before you left your job.

Last shift was the 18 April and the job offer letter and everything else was written up on the 21.

 

[jes_ON]

well, all I can say is, it's a fuzzy situation that could go either way. To cover your bases, if your employer is willing I would suggest asking them to apply for another LMIA (if you don't want a new work permit, they could apply just to support the PR application for no fee).

 

[yepyep]

Yeah this is my predicament. I could just go for it, or decline and get a new pr supporting LMIA.I can't get a new permit because iv done my 4 years. I have a tough choice to make!

 

[ButterflyChemist]

So in my friend's case, he got the eApr and even applied for BOWP, but since he didn't get his PP request (and PR approval email), his application got rejected as his LMO expired in between the process, and his profile got updated automatically with a deduction of 600 points therefore nullifying the ITA (as the new profile score is less than the cutoff).

I seriously doubt this is the case. The typically LMIA validity is six months. If it is for PR as long as application is submitted before expiry it is fine. I am certain some bit of information is missing here. Many persons applying for PR have work permits based on already expired LMOs and LMIAs and received their 600 points so .....

 

[Makolutus]

I seriously doubt this is the case. The typically LMIA validity is six months. If it is for PR as long as application is submitted before expiry it is fine. I am certain some bit of information is missing here. Many persons applying for PR have work permits based on already expired LMOs and LMIAs and received their 600 points so .....

So what I am referring to is the previously being called as LMO wp and not the new LMIA issued to foreign workers, the person was already on a two year LMO wp which was expiring start 2015, With EE taking effect from 1st Jan, this guy decides to enter the pool using the 600 points from LMO which is due to expire in couple of months, which is quite similar to the situation what yepyep has described in the above few posts.

 

[yepyep]

I want to thank everyones input, and as suspected my case is a hard one to call. and my options remain. does anyone think I should send my application? Does anyone think its best to decline? Thank you.

Edit- I have concluded that as I have a job offer, and a valid work permit issued from an LMO, that when I file my application my crs score will be locked in with the 600. It is then down to CIC to decide if Me leaving the country has altered my eligibility for PR. Worst comes to worst, i would just require a new LMIA and start again. I think I'm gonna go for it.