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Need experts advice please..

fastfood

Hero Member
Apr 16, 2014
527
53
New delhi
Category........
Visa Office......
New Delhi
NOC Code......
6311
Job Offer........
Pre-Assessed..
Hi Friends,

My friend got his work Permit in oil industry from India. He applied through a consultant who is based in Canada. When he reached Alberta, employer told him that he don't have the job anymore due to Oil Industry recession. Employer also took my friend's written exam and told him that he failed in the test and since he could not pass; this is the reason employer can not take him and signed a paper saying he can not keep my friend as he failed the exam.

Now, my friend is having one year work permit from that Oil company. What are his options? Can he still live in the country for a year and look around work elsewhere? Or he has to leave the country as soon as possible?

Can he make any complaint about employer or consultant?

Consultant is Indian and Employer is white Canadian. Apparently Consultant charged him around $10000. What can be the best solution to come out of this situation for my friend..Any suggestion will be appreciable..
 

scoot

Star Member
Feb 2, 2015
109
3
Did the employer not contact your friend before he came to Canada?
In order for him to work in Canada he MUST have a valid work permit,he may be able to remain in Canada until his current work permit expires but if his work permit is tied to his employer and is not an open work permit then no work!!
He honestly paid $10,000 to a consultant? I would consider that to be WAY to much for a consultant's fee.

I would think that he could certainly complain about the employer if indeed the employer knew BEFORE your friend left India and did not inform him,as for the consultant,well your friend paid that money so I doubt there is much he can do.
Was it an immigration consultant,or an employment consultant?

Something is not right for sure,I am sure that someone who knows a bit more of the legal side will post at some point.
 

fastfood

Hero Member
Apr 16, 2014
527
53
New delhi
Category........
Visa Office......
New Delhi
NOC Code......
6311
Job Offer........
Pre-Assessed..
scoot said:
Did the employer not contact your friend before he came to Canada?
In order for him to work in Canada he MUST have a valid work permit,he may be able to remain in Canada until his current work permit expires but if his work permit is tied to his employer and is not an open work permit then no work!!
He honestly paid $10,000 to a consultant? I would consider that to be WAY to much for a consultant's fee.

I would think that he could certainly complain about the employer if indeed the employer knew BEFORE your friend left India and did not inform him,as for the consultant,well your friend paid that money so I doubt there is much he can do.
Was it an immigration consultant,or an employment consultant?

Something is not right for sure,I am sure that someone who knows a bit more of the legal side will post at some point.
No, employer did not contact him. Consultant sent him an email informing him not to come in Canada when my friend was already on the way. So it was too late to stop or take any decision.

He got cheated by IRCC immigration consultant. He charged him money. He also having proof of money in emails sent by the consultant.

Thank you for your reply.
 

Amisnic

Champion Member
Mar 28, 2014
1,155
47
Visa Office......
Sydney NS
NOC Code......
NOC 2133
App. Filed.......
30-04-2014
AOR Received.
22-05-2014
Med's Done....
20-03-2015
LANDED..........
02-06-2015
Get your friend to see an employment lawyer. Hopefully he had a contract already, either written or verbal which he/she can prove.

This amounts to a wrongful dismissal provided the exam issue is bullshit. He may be able to get all his loses as well as in excess of 12 months pay.

And yes, if his work permit is valid for 12 months he can stay in Canada and look for another job/employer/




fastfood said:
Hi Friends,

My friend got his work Permit in oil industry from India. He applied through a consultant who is based in Canada. When he reached Alberta, employer told him that he don't have the job anymore due to Oil Industry recession. Employer also took my friend's written exam and told him that he failed in the test and since he could not pass; this is the reason employer can not take him and signed a paper saying he can not keep my friend as he failed the exam.

Now, my friend is having one year work permit from that Oil company. What are his options? Can he still live in the country for a year and look around work elsewhere? Or he has to leave the country as soon as possible?

Can he make any complaint about employer or consultant?

Consultant is Indian and Employer is white Canadian. Apparently Consultant charged him around $10000. What can be the best solution to come out of this situation for my friend..Any suggestion will be appreciable..
 

fastfood

Hero Member
Apr 16, 2014
527
53
New delhi
Category........
Visa Office......
New Delhi
NOC Code......
6311
Job Offer........
Pre-Assessed..
Amisnic said:
Get your friend to see an employment lawyer. Hopefully he had a contract already, either written or verbal which he/she can prove.

This amounts to a wrongful dismissal provided the exam issue is bull*censored word*. He may be able to get all his loses as well as in excess of 12 months pay.

And yes, if his work permit is valid for 12 months he can stay in Canada and look for another job/employer/
Yes, my friend is having a contract already. I fully agree with you. I will suggest my friend to sue employer. Definitely looking at the situation my friend should get compensation if employer don't need him in Canada.