Urgent: Job loss after apply from PR application under CEC?

[manuce]

Hi,

Its a tricky and urgent situation. I will write step by step to explain whole situation its about a friend and am trying to help out here.

1) Person has EU passport came to Canada on LMIA work permit stayed here worked here for a year and Qualified to apply under EE CEC class route few weeks ago. While application is under process the company says they have to let him go now and he will lose his job.Note Person LMIA expires this year in September.

2) Person checked with two consultants and here is what they say and couple of forum post such as this one but its quite old and person is not sure about the new rules/regulations.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/lost-job-after-applying-cec-did-u-inform.155370/

Consultant 1 : Inform CIC about the situation and you will get PR because when you press that submit button the application gets locked and you get point based on what you claimed points for and what evidence you submitted on that day when you submit, You won't lose the points for Job offer because it only happens if you had applied under FSW class where you lose points if you lose job. In CEC this doesn't happen you will still get point for the job that you lost ???(I don't think this statement is true so kindly any expert elaborate or reply on this please)

Consultant 2 : Inform CIC about the situation. Any prey that the Case officer is not strict as it depends from Case officer to officer how strictly he /she deals with your case if they are lenient they will grant you PR. Its a very confusing situation.

Can anyone Expert Immigration Lawyer / Consultant Cross check this information please and help us out on this tricky situation to what would happen or would be the outcome under such situation. I will be very thankful for your help on this.

You can also PM me if you like.

 

[shannon388]

LMIA and work permit are lose validity when his employment ends.

Consultant 1 is optimistic: technically, there is absolutely no guarantee of PR even if you have more than enough points... Applicants can apply, but are not entitled to PR if they qualify.

His PR application is locked. It will be processed as it was. However, if he leaves Canada and is unable to come back, IRCC might consider his intent to live in Canada void (this is highly subjective), hence void PR application.

 

[manuce]

So person has too leave the country immediately even if the LMIA ends in Sept 2018 or can the person stays in the country until that point?

Thing is if the person application is Locked then they shouldn't leave the country right but then you say LMIA is invalid so they will be considered illegal in the country which will effect PR application so confusing.....

 

[jsm0085]

You need to separate this.

Has he already applied for PR? If he had CEC experience then losing the job won't change that. There is still a good chance he will get PR - assuming all his papers and experience are in order.

The main point of concern is what is his status now. If the LMIA is no longer valid, he/she may need to return home and wait for his PR application to be processed - unless he is eligible for another type of visa in the interim.

 

[manuce]

hi,

technically next week is the person last day at work on friday so the person is still working. how long the person has to leave country once the job end someone told they can stay in country as long as lmia work permit has a valid date on it. is this true ?

 

[shannon388]

>someone told they can stay in country as long as lmia work permit has a valid date on it. is this true ?
no
His LMIA losed validity when employment ends. Sep 2018 is no longer the expiration date.
I think there is a grace period (90 days) to apply for restoration of status as visitor. Otherwise he should leave Canada.

Application locked means changes in personal circumstances won't affect the application. He is free to travel. Of course, he must have intent (this is subjective) to live in Canada long term for the PR to be approved...

 

[ravidgohil@gmail.com]

Hi,

Its a tricky and urgent situation. I will write step by step to explain whole situation its about a friend and am trying to help out here.

1) Person has EU passport came to Canada on LMIA work permit stayed here worked here for a year and Qualified to apply under EE CEC class route few weeks ago. While application is under process the company says they have to let him go now and he will lose his job.Note Person LMIA expires this year in September.

2) Person checked with two consultants and here is what they say and couple of forum post such as this one but its quite old and person is not sure about the new rules/regulations.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/lost-job-after-applying-cec-did-u-inform.155370/

Consultant 1 : Inform CIC about the situation and you will get PR because when you press that submit button the application gets locked and you get point based on what you claimed points for and what evidence you submitted on that day when you submit, You won't lose the points for Job offer because it only happens if you had applied under FSW class where you lose points if you lose job. In CEC this doesn't happen you will still get point for the job that you lost ???(I don't think this statement is true so kindly any expert elaborate or reply on this please)

Consultant 2 : Inform CIC about the situation. Any prey that the Case officer is not strict as it depends from Case officer to officer how strictly he /she deals with your case if they are lenient they will grant you PR. Its a very confusing situation.

Can anyone Expert Immigration Lawyer / Consultant Cross check this information please and help us out on this tricky situation to what would happen or would be the outcome under such situation. I will be very thankful for your help on this.

You can also PM me if you like.

If you have a closed work permit with the employer’s name on it, you cannot stay in the country as per LMIA law. In this case, you will have to leave the country. AS you mentioned that you have already applied for PR under CEC from within Canada, you can leave the country but you have to come back unless VO may not grant the PR visa. Another option for you to play safely is to apply for visitor visa before your last day at work and you can stay in here. Hope this helps. Experts may correct me.

 

[shannon388]

On a side note, he might qualify for BOWP...
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit/bridging-open-work-permit.html

But the fact his work permit was cut short by the empoler, instead of reaching 4months to its original expiration date, may work against him.

 

[manuce]

i dont agree that you have to leave the country next day they always give some grace period tonleave in some country its one month and in some its 90 days it can be checked with cic.

also you missed the fac that person is eu national they dont need to apply for visitor visa they just need to turn up at the airport and get in
​

 

[PMM]

hi

So person has too leave the country immediately even if the LMIA ends in Sept 2018 or can the person stays in the country until that point?

Thing is if the person application is Locked then they shouldn't leave the country right but then you say LMIA is invalid so they will be considered illegal in the country which will effect PR application so confusing.....

1. The expiry date of the LMIA has nothing to do with how long you can remain in Canada. It is when the work permit expires is when you have to leave Canada. So if the work permit has an expire date of Sept. and you lose your job in May, you can remain until Sept;

 

[manuce]

yes i agree the paper inside the passport which is work permit says sept expiry and two consultant also told the person the same thing they can stay until that date no need to leave if they lose that job which was employer bound.

 

[myfavworld]

Hi,

Its a tricky and urgent situation. I will write step by step to explain whole situation its about a friend and am trying to help out here.

1) Person has EU passport came to Canada on LMIA work permit stayed here worked here for a year and Qualified to apply under EE CEC class route few weeks ago. While application is under process the company says they have to let him go now and he will lose his job.Note Person LMIA expires this year in September.

2) Person checked with two consultants and here is what they say and couple of forum post such as this one but its quite old and person is not sure about the new rules/regulations.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/lost-job-after-applying-cec-did-u-inform.155370/

Consultant 1 : Inform CIC about the situation and you will get PR because when you press that submit button the application gets locked and you get point based on what you claimed points for and what evidence you submitted on that day when you submit, You won't lose the points for Job offer because it only happens if you had applied under FSW class where you lose points if you lose job. In CEC this doesn't happen you will still get point for the job that you lost ???(I don't think this statement is true so kindly any expert elaborate or reply on this please)

Consultant 2 : Inform CIC about the situation. Any prey that the Case officer is not strict as it depends from Case officer to officer how strictly he /she deals with your case if they are lenient they will grant you PR. Its a very confusing situation.

Can anyone Expert Immigration Lawyer / Consultant Cross check this information please and help us out on this tricky situation to what would happen or would be the outcome under such situation. I will be very thankful for your help on this.

You can also PM me if you like.

any more insights on above points? I had claimed 50 points based on job with company X and applied under CEC june 2020. Due to covid moved back to home country with same company X. WP expired and job offer no longer there ,hence technically 50 points no longer valid. Application status in past one year has move to all eligibility , medical, security/background clear and only final decision awaited but on hold as wife/daughter are outside Canada and outland PR processing is on hold. Should I update CIC and can hope to get as per consultant 1/2 above or withdraw and get ITA invitation again.