Unpaid leave while PR processing is near ending

[ddlykitten]

Hi experts, my PR file is currently in process as my AOR is in June and I got a potential situation.

I'm a CEC inland candidate with 600pts for a valid job offer and I have been working fine for the very company so far. However my company may ask me to have a couple of months unpaid vacation this winter as they have less work to do. Obviously I will return in January or February and resuming work normally.

Should I need to worry about my situation as it might be affecting my eligibility? What if my R10 or A11.2 check passes before leave - well I am pretty sure it will be done as my AOR is June, the happening will be on my 5 months mark, but who knows.

And what will happen if I get another job during that period to make some money, applying another WP with LMIA? (2-3 months unpaid break is somehow financially challenging.)

Can I even leave Canada for that long period to find a job in any other country? Or I have to stay in Canada doing nothing, spending money until my company calling me to come back to work?


Please share your thoughts on this. It will be much appreciated.

All the best.

 

[thejkhan]

Sounds like getting laid off. You are no longer eligible for PR because the 600 points was granted for having a valid job.

 

[ddlykitten]

Sounds like getting laid off. You are no longer eligible for PR because the 600 points was granted for having a valid job.

Does CIC consider this as a layoff?

Logically it is not layoff I believe. My benefit will be still covered by the company and my name will be still in the employee list.

 

[moose83]

Hi experts, my PR file is currently in process as my AOR is in June and I got a potential situation.

I'm a CEC inland candidate with 600pts for a valid job offer and I have been working fine for the very company so far. However my company may ask me to have a couple of months unpaid vacation this winter as they have less work to do. Obviously I will return in January or February and resuming work normally.

Should I need to worry about my situation as it might be affecting my eligibility? What if my R10 or A11.2 check passes before leave - well I am pretty sure it will be done as my AOR is June, the happening will be on my 5 months mark, but who knows.

And what will happen if I get another job during that period to make some money, applying another WP with LMIA? (2-3 months unpaid break is somehow financially challenging.)

Can I even leave Canada for that long period to find a job in any other country? Or I have to stay in Canada doing nothing, spending money until my company calling me to come back to work?


Please share your thoughts on this. It will be much appreciated.

All the best.

Try getting it in writing (on the companies letter head) that it is a unpaid vacation (and not a lay-off) your company wants you to take and that you will resume your duties in January. Be thorough in this regard and consult your HR. Once you get this letter, raise a CSE asking for further instructions.

 

[raihan101eee]

Hi experts, my PR file is currently in process as my AOR is in June and I got a potential situation.

I'm a CEC inland candidate with 600pts for a valid job offer and I have been working fine for the very company so far. However my company may ask me to have a couple of months unpaid vacation this winter as they have less work to do. Obviously I will return in January or February and resuming work normally.

Should I need to worry about my situation as it might be affecting my eligibility? What if my R10 or A11.2 check passes before leave - well I am pretty sure it will be done as my AOR is June, the happening will be on my 5 months mark, but who knows.

And what will happen if I get another job during that period to make some money, applying another WP with LMIA? (2-3 months unpaid break is somehow financially challenging.)

Can I even leave Canada for that long period to find a job in any other country? Or I have to stay in Canada doing nothing, spending money until my company calling me to come back to work?


Please share your thoughts on this. It will be much appreciated.

All the best.

I don't think that would be any issue. To be on the safe side, get a letter from HR that they are sending you to an unpaid leave and raise a CSE.

 

[thejkhan]

Does CIC consider this as a layoff?

Logically it is not layoff I believe. My benefit will be still covered by the company and my name will be still in the employee list.

Unpaid vacation is technically the same as not having the job. Unless you have a fixed 'return date', it sounds totally like a lay off.

 

[Hansdza]

They should Issue you ROE mentioning the reason of Issuing ROE and expected return date. They should Issue the ROE after seven days of interruption of earning (i.e. the seven-day rule) . This will clarify everything regarding your situation.

 

[jes_ON]

I'm a CEC inland candidate with 600pts for a valid job offer and I have been working fine for the very company so far. However my company may ask me to have a couple of months unpaid vacation this winter as they have less work to do. Obviously I will return in January or February and resuming work normally.

First - what kind of LMIA did your employer obtain? Was it for your work permit, or was it specifically to support your PR application?

A valid job offer is for permanent, full-time, non-seasonal work. What you're describing sounds a bit like a seasonal layoff. It is very likely that CIC could determine that the job offer never was valid, or is no longer valid.

Should I need to worry about my situation as it might be affecting my eligibility? What if my R10 or A11.2 check passes before leave - well I am pretty sure it will be done as my AOR is June, the happening will be on my 5 months mark, but who knows.

If your LMIA was for the work permit (not specifically for the PR application), then yes, you should worry, because you would need to remain employed with the same employer until you land for the "valid job offer" to remain, well, valid.


And what will happen if I get another job during that period to make some money, applying another WP with LMIA? (2-3 months unpaid break is somehow financially challenging.)

CIC would definitely conclude that you no longer work for the company that gave you an offer of permanent employment. You would lose the 600 pts. But the LMIA and a new valid job offer, you could re-apply.


Can I even leave Canada for that long period to find a job in any other country? Or I have to stay in Canada doing nothing, spending money until my company calling me to come back to work?

If you are laid off, it probably won't matter whether you stay or go for your PR application; if it has not been finalized before the layoff, it will probably be refused.