LMIA for PR

[jpaperimmigration]

Hello Everyone,

I have question regarding for LMIA to support PR.
I have received a positive LMIA for PR only(not a dual intention), and have received better job offer from other company. I am considering taking that job offer(better paid), and my work permit is open, so it won't affect my work authorization anyway.
If my current employer, who gave me the positive LMIA for supporting only for PR, allows me working in another company. Can I still have the positive LMIA and keep the extra 50 points in my EE profile?

 

[canuck78]

Hello Everyone,

I have question regarding for LMIA to support PR.
I have received a positive LMIA for PR only(not a dual intention), and have received better job offer from other company. I am considering taking that job offer(better paid), and my work permit is open, so it won't affect my work authorization anyway.
If my current employer, who gave me the positive LMIA for supporting only for PR, allows me working in another company. Can I still have the positive LMIA and keep the extra 50 points in my EE profile?

Bad idea unless you have a very good justification of why you intend on returning to your old job.

 

[jpaperimmigration]

Bad idea unless you have a very good justification of why you intend on returning to your old job.

Could you explain why this might be a bad idea, particularly from the officer’s perspective? I’ve actually been with this company for two years, but due to financial instability, they want me to take a temporary leave and return next year. Do you think this will affect my PR application?

 

[scylla]

Hello Everyone,

I have question regarding for LMIA to support PR.
I have received a positive LMIA for PR only(not a dual intention), and have received better job offer from other company. I am considering taking that job offer(better paid), and my work permit is open, so it won't affect my work authorization anyway.
If my current employer, who gave me the positive LMIA for supporting only for PR, allows me working in another company. Can I still have the positive LMIA and keep the extra 50 points in my EE profile?

There's a chance IRCC will question if the job offer under the LMIA is genuine and they may say you are not entitled to the 50 points. If you step back at this and look at it from an outsider's perspective, it doesn't make sense for you to be switching employers if the job offer is genuine with your current employer. It makes it seem like your employer has obtained the LMIA just so you can get the 50 points and increase your score. It's possible IRCC won't say or notice anything - and also possible they will. Impossible for any of us to say but changing employers will not be without risks to your PR application.

Ideally you don't need the 50 points to be above the cut off for the draw in which you were selected. If you do need the 50 points, then you have a choice to make. If you don't want to introduce any possibility of risk to your PR application, the you would need to stay with your current employer. If you are OK with a level of risk for your PR appliction, then you can certainly switch employers.

 

[scylla]

Could you explain why this might be a bad idea, particularly from the officer’s perspective? I’ve actually been with this company for two years, but due to financial instability, they want me to take a temporary leave and return next year. Do you think this will affect my PR application?

So if the company is asking you to take a leave, then you should be OK. However you'll want to have this documented (i.e. a letter from your employer stating this). Also, as soon as your employer asks you to come back, you should do that. If you do this, you should be OK.

 

[jpaperimmigration]

So if the company is asking you to take a leave, then you should be OK. However you'll want to have this documented (i.e. a letter from your employer stating this). Also, as soon as your employer asks you to come back, you should do that. If you do this, you should be OK.

Thank you so much for your advice and taking the time to help me. I truly appreciate it and will act based on your suggestions. Thank you again!

 

[canuck78]

So if the company is asking you to take a leave, then you should be OK. However you'll want to have this documented (i.e. a letter from your employer stating this). Also, as soon as your employer asks you to come back, you should do that. If you do this, you should be OK.

Still risky unless employer actually anticipates rehiring you in the near future and you actually will return to your job if required. How will the employer justify that they have a valid LMIA and you have a valid job offer if you left your employment at the company?

 

[canuck78]

Thank you so much for your advice and taking the time to help me. I truly appreciate it and will act based on your suggestions. Thank you again!
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So if the company is asking you to take a leave, then you should be OK. However you'll want to have this documented (i.e. a letter from your employer stating this). Also, as soon as your employer asks you to come back, you should do that. If you do this, you should be OK.

Still risky unless employer actually anticipates rehiring you in the near future and you actually will return to your job if required. How will the employer justify that they have a valid LMIA and you have a valid job offer if you left your employment at the company?