Job Offer wants to revoke my PR status

[rem4ik4ever]

Hi guys, need your help!

So long story short, while setting up my PR application I've asked my Canadian employer (I'm working remotely for them) to send me a job offer so I can submit it to EE and get points, he sent me an offer which i've agreed on back in Sep. 2017, I've submitted that offer to EE (didn't get any points, because no LMIA support), passed EE and submitted that in PR application as well. NOTE I submitted, but I never signed anything.

During approval period me and my wife had our new born, we've added him to the application and everything went well we got our PR approved July 2018.

I came back to employer and asked for a renew job offer because dates on prev one were outdated, and started a negotiation for an increase salary. Which he said is not something we've already agreed on, and since i've submitted prev contract to my PR application I have to work on old salary. After very un-pleasant conversation he agreed to think about it.

Few days later I hear from my co-worker, that they said they will agree on increase salary, but if I decide not to take offer or leave prior to 1 year of working period they will sue me and make an order to revoke my PR because of it....

So, after that even if I actually wanted to work for them.. I wonder if they really have such power and if their claims are legitimate? If anyone has Canadian Immigration Law knowledge or experienced anything like that please respond.

 

[Vitesze]

Hi guys, need your help!

So long story short, while setting up my PR application I've asked my Canadian employer (I'm working remotely for them) to send me a job offer so I can submit it to EE and get points, he sent me an offer which i've agreed on back in Sep. 2017, I've submitted that offer to EE (didn't get any points, because no LMIA support), passed EE and submitted that in PR application as well. NOTE I submitted, but I never signed anything.

During approval period me and my wife had our new born, we've added him to the application and everything went well we got our PR approved July 2018.

I came back to employer and asked for a renew job offer because dates on prev one were outdated, and started a negotiation for an increase salary. Which he said is not something we've already agreed on, and since i've submitted prev contract to my PR application I have to work on old salary. After very un-pleasant conversation he agreed to think about it.

Few days later I hear from my co-worker, that they said they will agree on increase salary, but if I decide not to take offer or leave prior to 1 year of working period they will sue me and make an order to revoke my PR because of it....

So, after that even if I actually wanted to work for them.. I wonder if they really have such power and if their claims are legitimate? If anyone has Canadian Immigration Law knowledge or experienced anything like that please respond.

Nonsense; an employer can't revoke someone's PR status. The loss of PR status is an official process that can only take place if:

• an adjudicator determines you are no longer a permanent resident after an inquiry or PRTD appeal;
• you voluntarily renounce your permanent resident status;
• a removal order is made against you and comes into force; or
• you become a Canadian citizen.

Point 1 is usually triggered if you don't spend sufficient time within Canada to maintain your PR status.

Now of course, if the employer wants to they can throw a fuss while you're applying for PR, e.g. refuse to provide any reference letters, refuse to answer any calls, etc. but they don't have the authority to revoke someone's PR.

 

[rem4ik4ever]

Nonsense; an employer can't revoke someone's PR status. The loss of PR status is an official process that can only take place if:

• an adjudicator determines you are no longer a permanent resident after an inquiry or PRTD appeal;
• you voluntarily renounce your permanent resident status;
• a removal order is made against you and comes into force; or
• you become a Canadian citizen.

Now of course, if the employer wants to they can throw a fuss while you're applying for PR, e.g. refuse to provide any reference letters, refuse to answer any calls, etc. but they don't have the authority to revoke someone's PR.

Thank you for your answer. We already have PR confirmed and we're landing this September in Canada. Employer sent reference letter and everything else, but now they think I'm cheating on the Immigration System and using them just to get to Canada.. Not willing to work for someone becuase of low salary and threating to make legal actions. Can this anyhow be considered cheating or fraud?

 

[Vitesze]

Thank you for your answer. We already have PR confirmed and we're landing this September in Canada. Employer sent reference letter and everything else, but now they think I'm cheating on the Immigration System and using them just to get to Canada.. Not willing to work for someone becuase of low salary and threating to make legal actions. Can this anyhow be considered cheating or fraud?

If I understand correctly, you did not receive any points for your job offer due to absence of LMIA? There's no point in even including the job offer in your application in that case, but it doesn't matter sicne you have your PR confirmed now.

I don't believe the employer really can do anything here - retracting a job offer even while you were applying wouldn't have had any consequences since you weren't claiming points for it.

What you did isn't considered cheating at all - while it could be debatable what you did had you solely obtained your PR on the basis of claimed job offer points but not actually starting any employment, from what I understand they simply issued you a job offer that's redundant for the PR process which you didn't accept. Tough luck for them, I wouldn't worry if I were you.

 

[rem4ik4ever]

If I understand correctly, you did not receive any points for your job offer due to absence of LMIA? There's no point in even including the job offer in your application in that case, but it doesn't matter sicne you have your PR confirmed now.

I don't believe the employer really can do anything here - retracting a job offer even while you were applying wouldn't have had any consequences since you weren't claiming points for it.

What you did isn't considered cheating at all - while it could be debatable what you did had you solely obtained your PR on the basis of claimed job offer points but not actually starting any employment, from what I understand they simply issued you a job offer that's redundant for the PR process which you didn't accept. Tough luck for them, I wouldn't worry if I were you.

Yes I didn't get any point because of LMIA absence. That is what I'm thinking, I got no points so there is no evidence of support or sponsorhip...

 

[Vitesze]

Yes I didn't get any point because of LMIA absence. That is what I'm thinking, I got no points so there is no evidence of support or sponsorhip...

Yeah they didn't sponsor you, and the job offer was irrelevant for obtaining your PR status. The only part they really had control over was the reference letter, but that already has been approved by now, so there's zero they can do.

If they would make up stuff or try to spread lies, they could even risk being blacklisted by the CIC as an employer.

 

[jes_ON]

Few days later I hear from my co-worker, that they said they will agree on increase salary, but if I decide not to take offer or leave prior to 1 year of working period they will sue me and make an order to revoke my PR because of it....

This is all nonsense, as others have indicated. Perhaps take what your co-worker said with a grain of salt, it might not be accurate.

However, my question is, why wait so long to land? Get it done, then nothing can hold you up (unless you are proven to have committed fraud). Until you are actually a PR, you remain a tad vulnerable (even if the accusations are false and self-incriminating for the company).

 

[rem4ik4ever]

We already bought tickets and will do landing in first week of September. This situation just happened and those news made me do that post.... Complete nonsense.

 

[Lindt]

Just tell him you are not looking for salary rise at the moment but only to settle with family. I think he did what he did because you asked for salary increase - in a time where YOU need him. Think wisely and focus on your main goal. Those employers know your goal and intention, and are well-aware of the situation surrounding the poor PR applicants, so they threat them with their most sensitive topic - the PR application process!

When you get your PR and you're settled, think about other opportunities. I think If your PR is approved, he'll have no choice but to rise you salary anyways.