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Validity of Job Offer Letter: It has words "maybe".

A

arsilan324

Full Member
Dec 16, 2018
36
12
Hi all,
I have a question related to the validity of an offer letter. I am working at Uni of Alberta as a researcher. I have finished my first year already and now in started my second year from 1st of August. My supervisor has given me an offer letter in which my name, job duties, work hours, salary, NOC code are mentioned. I am wondering if this a valid offer letter because of two expression "based on availability of funds" and "maybe". These words are added because of current covid-19 situation as things are changing fast and my employer doesn't know how things will be in future? Can anyone please comment?
Thank you very much!
 
Last edited:
arsilan324 said:
Hi all,
I have a question related to the validity of an offer letter. I am working at Uni of Alberta as a researcher. I have finished my first year already and now in started my second year from 1st of August. My supervisor has given me an offer letter in which my name, job duties, work hours, salary, NOC code are mentioned. However, a sentence is also there stating "Based on the availability of funds, this offer may be renewed for at least one year." I am wondering if this a valid offer letter because of two expression "based on availability of funds" and "maybe". These words are added because of current covid-19 situation as things are changing fast and my employer doesn't know how things will be in future? Can anyone please comment?
Thank you very much!
Click to expand...

Are you looking to claim 50 points under Express Entry for having a job offer? If so, the letter needs to state that they will continue to employ you for at least one year after you become a PR.
 
Thanks for the comment!
But this is why I am confused. An immigration lawyer told me that this letter is fine for permanent residency application under Canadian Experience Class. Can you specifically comment on this?
 
Last edited:
arsilan324 said:
Thanks for the comment!
But this is why I am confused. My employer already mentioned that "Based on the availability of funds, this offer may be renewed for at least one year". An immigration lawyer told me that this letter is fine for permanent residency application under Canadian Experience Class. Can you specifically comment on this?
Click to expand...

Technically this doesn't meet the requirements to claim job offer points since the letter doesn't include the below which is required in order for it to be classified as a job offer for the 50 points

https://www.canada.ca/en/immigratio...express-entry/documents/offer-employment.html

- your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident
 
I see. But I am on employer specific work permit which is exempt from needing a LMIA. Would that matter or I am going to loose these 50 points?
 
This is what the link says (from @scylla), I have highlighted the relevant sections, especially when you claim LMIA-exempt:
A valid job offer has to be:
  • made by one employer
  • continuous
  • paid
  • full-time (at least 30 hours a week)
  • for at least one year after we issue your permanent resident visa
    • not seasonal
  • in a job that is NOC:
    • Skill Type 0 or
    • Skill Levels A or B
It also must be made :
  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
    • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
  • if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
    • are currently working for an employer specified on the work permit
    • have one year of full-time work experience (or an equal amount of part-time work) for that employer
    • have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Click to expand...
 
I understand that employers may not be ready to put on paper that they will retain you for a year. I am in the same boat of figuring out how to convince them! Yes, they may co-operate if they get to add exclusions. No idea if such exclusions will take your offer letter into a gray area :(
 
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