urgent - moving to another country after application - can I have your suggestion

[hellotmr]

Hi all, I just realized people can not leave their current job after one year experience. For my case, I got ITA with one year canadian work experience and 50 scores from arranged employment(LMIA exempt). I have to do internal tarnsfer and move to another country now, meaning I won't have a valid canadian job offer when they get my application. I'm wondering anyone has any suggestions on what should I do at the moment and can I still have the 50 scores if I can confirm i will be back to Canada once I get PR.
Btw looks like job changes are not required to inform ircc, do i need to inform them about this change?

Any suggestions or ideas would be highly appreciated!

 

[Chasechs]

No Idea where you are getting your info from but you are incorrect on several things.
Yes, people are allowed to leave their jobs at any given time (it's not slavery). They should make sure the new job meets all the requirements similar to the old job. Or else they would be abandoning that application.
Yes, job changes are reported to IRCC, especially if you declared an LMIA employment. All this info would come to light during the background check.

For clarification, what do you mean by internal transfer to another country? Are you saying you are leaving Canada with no intention of returning? Sounds like the transfer is permanent, otherwise you would have proof of this temporary transfer and be able maintain your status with the Canadian employer.

If you are essentially abandoning your worker status in Canada, then you immediately lose that 50 points for LMIA. If your remaining score is above the cut-off score, then the application is fine. If it falls below the cut-off, your application will be rejected.

 

[scylla]

Hi all, I just realized people can not leave their current job after one year experience. For my case, I got ITA with one year canadian work experience and 50 scores from arranged employment(LMIA exempt). I have to do internal tarnsfer and move to another country now, meaning I won't have a valid canadian job offer when they get my application. I'm wondering anyone has any suggestions on what should I do at the moment and can I still have the 50 scores if I can confirm i will be back to Canada once I get PR.
Btw looks like job changes are not required to inform ircc, do i need to inform them about this change?

Any suggestions or ideas would be highly appreciated!

I agree with the above. Nothing stopping you from moving however if you move then you cannot claim the 50 points. If you are going to be leaving Canada and losing the 50 points drops you below the cut off for the draw, then decline ITA and update your EE profile to remove the job offer points.

 

[hellotmr]

Hi all, I just realized people can not leave their current job after one year experience. For my case, I got ITA with one year canadian work experience and 50 scores from arranged employment(LMIA exempt). I have to do internal tarnsfer and move to another country now, meaning I won't have a valid canadian job offer when they get my application. I'm wondering anyone has any suggestions on what should I do at the moment and can I still have the 50 scores if I can confirm i will be back to Canada once I get PR.
Btw looks like job changes are not required to inform ircc, do i need to inform them about this change?

Any suggestions or ideas would be highly appreciated!

Thanks for reply. Did you see this from ircc? Looks like my job changes after submission should not make the case being refused.

After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.

 

[hellotmr]

I agree with the above. Nothing stopping you from moving however if you move then you cannot claim the 50 points. If you are going to be leaving Canada and losing the 50 points drops you below the cut off for the draw, then decline ITA and update your EE profile to remove the job offer points.

Hey thank you, but from the website i don't think the case can be refused due to job changes.

After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.

 

[scylla]

Hey thank you, but from the website i don't think the case can be refused due to job changes.

After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.

This is true for things like age and IELTs score.

Job offer validity is not locked in with e-APR. But your choice what you do of course.

 

[hellotmr]

This is true for things like age and IELTs score.

Job offer validity is not locked in with e-APR. But your choice what you do of course.

thank you, do you have reference for this information?

 

[scylla]

thank you, do you have reference for this information?

I'm sure there's a manual somewhere.

We've seen situations on this forum where IRCC has challenged applicants whether their job offer is still valid after e-APR and during eligibility. IRCC doesn't verify this until they hit eligiblity and your job offer still needs to be valid at that point. If you're no longer in Canada working for that employer and IRCC determines this, then expect them to say you don't qualify for the 50 points.

 

[hellotmr]

I'm sure there's a manual somewhere.

We've seen situations on this forum where IRCC has challenged applicants whether their job offer is still valid after e-APR and during eligibility. IRCC doesn't verify this until they hit eligiblity and your job offer still needs to be valid at that point. If you're no longer in Canada working for that employer and IRCC determines this, then expect them to say you don't qualify for the 50 points.

I see, this is very confusing as I'm seeing someone said it should be an issue here https://heronlaw.ca/the-nuanced-impact-of-loss-of-job-offer-arranged-employment-for-a-canadian-experience-class-applicant/


"Based on these instructions the timing of the change is crucial. If loss of job happened before the eAPR was submitted but after the ITA was received, it could be a ground for an A11.2 IRPA refusal, but because in our case the job loss was after, there is no impact."

 

[Chasechs]

Hey thank you, but from the website i don't think the case can be refused due to job changes.

After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

• the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
• the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.

The 2nd exemption clearly says if IRCC determines that you no longer meet the eligibility they can refuse your application. Changing job is not the problem, its you still keeping the 50 points for LMIA when you are not even in the country. Did you reasonably maintained your status while the application was pending? That would be a No. You left the employer and left the country voluntarily. Right now you are arguing the interpretation of the rejection exemptions.......that's a losing position to be in.

 

[hellotmr]

I see, this is very confusing as I'm seeing someone said it should be an issue here https://heronlaw.ca/the-nuanced-impact-of-loss-of-job-offer-arranged-employment-for-a-canadian-experience-class-applicant/


"Based on these instructions the timing of the change is crucial. If loss of job happened before the eAPR was submitted but after the ITA was received, it could be a ground for an A11.2 IRPA refusal, but because in our case the job loss was after, there is no impact."

shouldn't*

 

[Chasechs]

I see, this is very confusing as I'm seeing someone said it should be an issue here https://heronlaw.ca/the-nuanced-impact-of-loss-of-job-offer-arranged-employment-for-a-canadian-experience-class-applicant/


"Based on these instructions the timing of the change is crucial. If loss of job happened before the eAPR was submitted but after the ITA was received, it could be a ground for an A11.2 IRPA refusal, but because in our case the job loss was after, there is no impact."

The author of that article concludes:
".....However, given the nuance in this area I would still suggest seeking counsel’s support on advising immigration on termination....."

I hope you have a good immigration lawyer to consult with.