Post CEC refusal: Help determine if this is a valid 'Offer of employment' for next time

[thanhnoel]

Previously I was refused for CEC EE because my initial 'offer letter' did not satisfy the requirements for a valid 'offer of employment' following the Ministerial Instruction 29(2) and section 82(1) of IRPA. I asked the company to provide me an 'offer of employment' after the fact (because I was accepted 'verbally' to work more than a year ago after my probation without any official document signed). I have concerns whether this attached document would be a valid offer of employment next time I apply for CEC? Since it begins with 'To Whom it may concern', although it does start with: Re: Offer of continuous employment

Imgur Offer of employment

my initial refusal reasons were:

• No mention of length or duration of employment
• Direct quote: "must have a duration of at least one year after the date on which a permanent resident visa is issued. Since it does not meet the requirements of an offer of arranged employment"

Text from the updated 'offer of employment' as follow:

October 31, 2024
Re: Offer of continuous employment
To Whom it may concern:
Please accept this letter as confirmation that XXX is employed by XXX Inc. (formerly
the XXX Ltd.) on a continuous, full-time basis (40 hours per week). XXX was provided with a
written offer of employment in June 2022 by the XXX Ltd., which was acquired by XXX
Inc. in September 2022. A Labour Market Impact Assessment (LMIA) was completed to facilitate his
hiring process, the reference number for which is XXX .
XXX has been working as a permanent employee of XXX Inc. since January 9, 2023. His
performance was reviewed following his 3-month probationary period, as outlined in his offer letter. At
that time, XXX was provided with and accepted XXX’s offer of continued employment,
which remains in effect.
XXX works for XXX Inc.’s office at XXX in Toronto, Ontario,XXX . He
currently holds the role of Senior Technical Developer (NOC: 21232) and reports to XXX ,
Technical Lead, Software Engineering. As a Technical Developer,XXX is responsible for the following
key duties:
● XXX

As a permanent full-time employee, we intend to continuously employ XXX indefinitely unless
unforeseen circumstances related to his performance or the company’s operational needs require
otherwise. There is no intention to end his employment within one year of his receipt of permanent
residence in Canada.

XXX currently earns an annual salary of CAD $XXX paid via direct deposit on a
biweekly basis. He is also eligible for an annual bonus of up to 10% of his base salary.
As part of his compensation, he is also enrolled in the company’s extended benefits
plan, which includes health, dental, long-term disability, and life insurance. XXX is
provided with 15 days of paid vacation and up to 10 paid sick days annually.
If there is any other information you require, please do not hesitate to reach out to me
directly at XXX@XXX.com.

 

[Naturgrl]

The letter is still problematic because it says that they “intend “to employ you unless you are fired/laid off. And it says there is ”no intention to end employment”. It doesn’t read like it is a permanent job offer. The letter should just say that you will be employed with them one year past PR.