TR TO PR Refusal based on lay off

[Ponga]

If I apply for appeal. Can it create problem in future applications? like if i go with CEC in future then.

No. You have the right to appeal if you choose to do so.

Having said that, the costs of an appeal (with the help of a lawyer) could be high and if you are still in the same position with your employer...it may be better (financially) to simply reapply, assuming you have maintained your legal status and authorization to work in Canada.

 

[UKRHUL]

No. You have the right to appeal if you choose to do so.

Having said that, the costs of an appeal (with the help of a lawyer) could be high and if you are still in the same position with your employer...it may be better (financially) to simply reapply, assuming you have maintained your legal status and authorization to work in Canada.

Ok

 

[Ponga]

I am not sure if this is correct. I just checked on a website.

What is a temporary layoff?
A temporary layoff is when an employer temporarily stops an employee’s work with the intention of bringing them back to work at a later date. It’s important to note that a temporary layoff is not the same as a termination of employment. While a termination means the end of the employment relationship, a temporary layoff means the employee is still employed but not currently working.

Not sure where you found that, but you should probably follow IRCC's policy:
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html

If you can prove that you employer DID intend for you to return to work, you may have a case.

Good luck!

 

[UKRHUL]

Not sure where you found that, but you should probably follow IRCC's policy:
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html

If you can prove that you employer DID intend for you to return to work, you may have a case.

Good luck!

Ok
Thank you for your help. I will talk to lawyer and see what i can do. Thanks again

 

[Ponga]

Ok
Thank you for your help. I will talk to lawyer and see what i can do. Thanks again

Might be good to contact IRCC and tell them that in your letter from your employer, `Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

This would seem to fit IRCC's definition of a situation where you were NOT deemed to be unemployed:
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html
Temporary layoff

A layoff is considered a termination of employment when the employer has no intention of recalling the employee to work.

Clearly, that was not the case for you.

 

[UKRHUL]

Might be good to contact IRCC and tell them that in your letter from your employer, `Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

This would seem to fit IRCC's definition of a situation where you were NOT deemed to be unemployed:
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html
Temporary layoff

A layoff is considered a termination of employment when the employer has no intention of recalling the employee to work.

Clearly, that was not the case for you.

Yes, Employer wrote I returned after store reopened. Only problem is it is very hard to reach IRCC through call.

 

[Ponga]

Yes, Employer wrote I returned after store reopened. Only problem is it is very hard to reach IRCC through call.

Try sending a web form.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc/web-form.html

 

[UKRHUL]

Try sending a web form.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc/web-form.html

They hardly reply to webforms even or they reply very late but i will still fill one and talk to lawyer.

 

[UKRHUL]

Might be good to contact IRCC and tell them that in your letter from your employer, `Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

This would seem to fit IRCC's definition of a situation where you were NOT deemed to be unemployed:
https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/termination.html
Temporary layoff

A layoff is considered a termination of employment when the employer has no intention of recalling the employee to work.

Clearly, that was not the case for you.

I found this on Ontario's website
https://www.ontario.ca/document/your-guide-employment-standards-act-0/termination-employment#:~:text=Written notice of termination,-An employee is&text=A person is considered "employed,or on lay-off).

Written notice of termination
An employee is entitled to notice of termination (or termination pay instead of notice) if they have been continuously employed for at least three months. A person is considered "employed" not only while they are actively working, but also during any time in which they are not working but the employment relationship still exists (for example, time in which the employee is off sick or on leave or on lay-off).

 

[Ponga]

I found this on Ontario's website
https://www.ontario.ca/document/your-guide-employment-standards-act-0/termination-employment#:~:text=Written notice of termination,-An employee is&text=A person is considered "employed,or on lay-off).

Written notice of termination
An employee is entitled to notice of termination (or termination pay instead of notice) if they have been continuously employed for at least three months. A person is considered "employed" not only while they are actively working, but also during any time in which they are not working but the employment relationship still exists (for example, time in which the employee is off sick or on leave or on lay-off).

I don't think that applies to IRCC. That is a policy in Ontario regarding the right for an employee to receive Written notice of termination. Nothing to do with your situation, IMHO.

 

[UKRHUL]

I don't think that applies to IRCC. That is a policy in Ontario regarding the right for an employee to receive Written notice of termination. Nothing to do with your situation, IMHO.

ok

 

[Jerin John]

Does Winners Canada provide SINP?

 

[scylla]

Does Winners Canada provide SINP?

Wrong thread. Nothing to do with SINP.

 

[Jerin John]

I have a doubt..Like, will Winners canada support for PR or they provide supporting letter as I had to file for my husband?

 

[Naturgrl]

I have a doubt..Like, will Winners canada support for PR or they provide supporting letter as I had to file for my husband?

This is not a TR to PR question. Ask Winners directly.