Visa approved, but job pulled

[jessan41]

Well, this is probably something that's never been posted but I'm hopeful someone can help. My fiance was told last week that he was good to come over from the UK and start his job on the 10th. Literally, while he was flying over the Atlantic, he received and email from his new "boss" saying the job was no longer available. So the government approved his visa for a job that was pulled at the last minute. (He's got a meeting with the man who was supposed to be his new boss tomorrow to get the details of what happened.)

He gave up his flat, sold his car and gave notice at his job in the UK so has nothing to go back to there, but has no job here. Is there anything he can do? He's stuck in limbo.

Any suggestions would be appreciated.

Thanks in advance.

 

[scylla]

We do see this situation on this forum once in a while. It's certainly not unheard of.

Unfortunately this means your fiance will have to start from scratch when it comes to find a job. He'll have to find another employer who is willing to go through the LMO/LMIA process and then obtain a new work permit.

His current work permit is tied directly to his former employer. This means that he unfortunately can't use the work permit he has now to work for anyone else.

 

[jessan41]

Okay, but I thought once you had a work visa, you could then apply to other employers showing your work visa and therefore showing you were legally entitled to work in Canada. Are you saying that because he didn't actually start working for that particular company he can't go that route?

Is there any way the company can be held liable for breach of contract? Basically right now he can't work here and earn a living, and can't go back to the UK as he has nothing left there to return to so he's stuck in a type of no man's land, all because of broken promises made by this company.

What recourse do people have in this type of a situation? It's put us in a really tight spot to say the least. Should we maybe just get married right away and go that route instead?

Thanks, again, for your help.

 

[scylla]

The work permit he has now is a closed work permit and tied to a specific employer - he can't use that work permit to work for another employer. (Whether he started working for the employer or not doesn't make a difference. The answer would still be the same.) The work permit means he's legally entitled to work in Canada - BUT only for the original employer. If he's going to be speaking to other employers, then he should definitely NOT be telling them he's legally entitled to work in Canada. This will given them the impression he can just start working for them immediately - which is incorrect. In order to work for a different employer that employer must first obtain an approved LMIA and then he would need to obtain a new work permit.

I can't tell you if the company can be held liable. It will depend on the contract your husband signed. If I had to guess I would say no - or only marginally. Most contracts can be canceled if the company wants to. Although there may be a week or two of severance given. Again, you'll have to see what the contract says.

You can get married - but this won't mean he can start working for a different employer right away. Being married to you doesn't automatically give him this benefit.