Redundancy

[Beelzebowler]

So here's my problem. I'm 10 months into a 2 year contract, just about to put in my express entry application and without warning I get laid off with a week's notice. I'm currently talking with an employment lawyer about that legality of this, considering I've left the uk to be in BC, paid all my own moving expenses and made several fanancial commitments on the basis of a 2 year contract.

Is it worth me putting in for my PR before I start my EI? Or will I get refused as soon as they realise I have no job? I suspect the latter, and I'm going to call the relevant government office to get a better idea, but it would be good to get another point of view.

 

[RRfromfaraway]

Sorry to hear...

Other people can correct me if I am wrong. Since you don't have 1 year Canadian experience you will not be eligible for CEC... Other people can comment on FSW PROGRAM. All the best!

 

[Ufa6174]

As long as you meet the criteria of one of the immigration programmes (FSW, CEC etc), CIC don't care whether you currently have a job or not.

 

[ozlis]

Did you have a severance or termination clause in your contract? And did you have LMIA for the original work permit?

 

[KelChiAvan]

So here's my problem. I'm 10 months into a 2 year contract, just about to put in my express entry application and without warning I get laid off with a week's notice. I'm currently talking with an employment lawyer about that legality of this, considering I've left the uk to be in BC, paid all my own moving expenses and made several fanancial commitments on the basis of a 2 year contract.

Is it worth me putting in for my PR before I start my EI? Or will I get refused as soon as they realise I have no job? I suspect the latter, and I'm going to call the relevant government office to get a better idea, but it would be good to get another point of view.

Sorry to hear about that but i would advise you dont go on EI, try to get a job ASAP, i guess you have worked in the UK and you should have skilled work exp in 0, A or B.... Leave on a good note with your current employer and dont burn bridges because you would need the reference letter from that employer when invited to apply. Having worked 10 months might or might not give you 1560 hours depending on how many hours you work in a week! Read more on express entry and use the determine your eligibility tool to find out the class you might fit in.... and start building your profile!!! Goodluck

 

[scylla]

Having worked 10 months might or might not give you 1560 hours depending on how many hours you work in a week!

Having 1560 hours of work is not enough to qualify under CEC. You must also have a full 12 months of work experience. Time worked over 30 hours in one week cannot be carried over into another. So 48 weeks where you worked 30 hours per week is counted the same as 48 weeks where you worked 60 hours per week. They are identical when it comes to calculating experience - as well as qualifying for CEC.

 

[Beelzebowler]

I'm on a closed work permit, so getting another job isn't an option unless they obtain a positive LMIA. I have a fianceé and 4 children to support, I have to claim EI to get an income. She's Canadian, three of the children are from her previous marriage and we have a 4 month old baby. She's been on sick and maternity leave since March, so I don't think she's eligible to sponsor me. Even if she was it takes too long. My work permit lasts until December 2016.

I've had an immigration lawyer look into the documentation and contracts I signed with my former employers and he feels I have a strong case to sue for a better settlement than the 1 week they gave me. Part of the LMIA is assuring CIC they are able to see out the contract.

It seems my only option is to find another employer who is willing to try for an LMIA. I may have found one, but getting that document may prove to be very difficult as there have been many layoffs in my field of employment.

I'm very stressed and unable to sleep :-( I can't believe a company can hire someone with a promise of two years work and dump them after 10 months.

 

[Beelzebowler]

Obviously I meant employment lawyer, not immigration lawyer.

For EE purposes, the ROE they issued when they terminated my contract would suffice for the application, right? I am worried about burning bridges. But I'm more worried about not being able to provide for my family.

 

[jes_ON]

For EE purposes, the ROE they issued when they terminated my contract would suffice for the application, right?

No. You need a "Letter of Employment" that describes your dates of employment, job title, # hours worked per week, salary/rate pf [au + benefits, and most importantly, your job duties - the letter attests to your skilled employment, so it's the single most important document you need. It is just a statement of the facts of your employment, it is not a "recommendation."

I am worried about burning bridges. But I'm more worried about not being able to provide for my family.

See if you can get that letter NOW, before you proceed with any legal action.

As of right now, you don't qualify through CEC. You need to have a very healthy bank account to qualify through FSW -
http://www.cic.gc.ca/english/immigrate/skilled/funds.asp

If you have that, then going on EI won't matter. If you don't have that, then EI won't matter, either. There is no harm going on EI while looking for another job.

If at all possible, consider trading places with your wife and have her seek employment, spousal sponsorship might be your best option if you can't meet the criteria for FSW/CEC/FST.

 

[Beelzebowler]

I got my letter, all sorted. Legal proceedings are going ahead, and I have another potential employer looking to try to get an LMIA.

It's very unlikely I'll get EI as I'm technically unable to look for work due to the closed work permit. CIC have confirmed that my fianceé can apply to sponsor me as mat leave doesn't count as welfare. If we go down that route, once I have a pr application in I can apply for a visitors visa if I get to the end of my work permit.

It's all very complicated, but I feel more secure now that I know we have options. Right now my fianceé returning to work is not an option as we have a four month old baby. Formula is too expensive, it wouldn't be financially sensible.