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TR TO PR Refusal based on lay off

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UKRHUL

Full Member
Nov 10, 2016
31
0
Hello Everyone,
I received refusal letter from IRCC. stating i was not employed when i filed for TR to PR.
I was working in winners and last date of my work was 2021/04/19 and then government closed all the store for covid reasons and i was back on work when store opened.
IRCC saying in between I was not employed.
Can I apply for reconsideration?
Please guide me

This is from the letter.

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."

Thank you
 

Ponga

VIP Member
Oct 22, 2013
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Hello Everyone,
I received refusal letter from IRCC. stating i was not employed when i filed for TR to PR.
I was working in winners and last date of my work was 2021/04/19 and then government closed all the store for covid reasons and i was back on work when store opened.
IRCC saying in between I was not employed.
Can I apply for reconsideration?
Please guide me

This is from the letter.

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed due to store closure during COVID-19 pandemic. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application
for permanent residence was received on 2021/05/06."

Thank you
Based on the information in the letter from IRCC, I suspect you would need to reapply. The fact is that on the day that you submitted your application, you were NOT employed, correct? You might consider speaking with a lawyer to determine what your best option is now..

Good luck!
 

UKRHUL

Full Member
Nov 10, 2016
31
0
Based on the information in the letter from IRCC, I suspect you would need to reapply. The fact is that on the day that you submitted your application, you were NOT employed, correct? You might consider speaking with a lawyer to determine what your best option is now..

Good luck!
I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks
 

Ponga

VIP Member
Oct 22, 2013
9,378
990
Job Offer........
Pre-Assessed..
I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks
Perhaps, but it sounds like IRCC sees it differently.

Were you still being paid by your employer when the store was closed?

The problem is that you and your employer both provided evidence that you were NOT employed when your application was received by IRCC:

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed
due to store closure during COVID-19 pandemic
. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."
 
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scylla

VIP Member
Jun 8, 2010
87,872
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Toronto
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Buffalo
Job Offer........
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App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
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I was empolyed but since the store was closed due to COVID i was on temporary layoff and as soon as store reponed. i went back on job. Technically i didn't leave the job and join again. I was employed. It is like i was on vacation.
Thanks
Temporary layoff means you were unemployed during this period.
 
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UKRHUL

Full Member
Nov 10, 2016
31
0
Perhaps, but it sounds like IRCC sees it differently.

Were you still being paid by your employer when the store was closed?

The problem is that you and your employer both provided evidence that you were NOT employed when your application was received by IRCC:

"at the time the application for permanent residence was received you were not employed. You
provided a Record of Employment (ROE) and letter or explanation from you & one from you employer
stating that you were not employed
due to store closure during COVID-19 pandemic
. The letters & ROE
stated that your last day of work was 2021/04/19 and that you did not return to work until 2021/06 which
was after the date that your application for permanent residence was received on 2021/05/06."
This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.
 

scylla

VIP Member
Jun 8, 2010
87,872
18,019
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.
Yes, but temporary layoff are classified as periods of unemployment. For example, you can apply for EI with temporary layoffs. Your company is not paying you during this period so it is not classified as employment.
 

Ponga

VIP Member
Oct 22, 2013
9,378
990
Job Offer........
Pre-Assessed..
This is what employer wrote in company's letter

TO WHOM THIS MAY CONCERN:
The intent of this letter is to confirm that Chavi Mehta was employed with TJX Canada in the capacity of a Part Time Store Associate at our Winners Store # 249, Barrie from September 28th, 2019 to August 14th, 2021.
Chavi was temporarily laid off due to unforeseen business circumstances related to COVID-19 in May 2021 and returned in June 2021 when their work location reopened.

Where it mentioned i was employed as a Part time associate from Sept 2019 to Aug 2021.
You were laid off, which is NOT the same as being on vacation.
 
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scylla

VIP Member
Jun 8, 2010
87,872
18,019
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add, if you want to try to flight this decision, then I think you will need to appeal with the help of a lawyer. I dont know what the chances of success will be. That's a good discussion to have with a lawyer. Good luck.
 

UKRHUL

Full Member
Nov 10, 2016
31
0
Yes, but temporary layoff are classified as periods of unemployment. For example, you can apply for EI with temporary layoffs. Your company is not paying you during this period so it is not classified as employment.
Ok, So should I apply for re-consideration? because COVID was not our fault. Temporary layoff was only for 2 weeks.
 
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UKRHUL

Full Member
Nov 10, 2016
31
0
You were laid off, which is NOT the same as being on vacation.
Ok
Just to add, if you want to try to flight this decision, then I think you will need to appeal with the help of a lawyer. I dont know what the chances of success will be. That's a good discussion to have with a lawyer. Good luck.
Ok, i will talk to lawyer about it.
Thanks
 

scylla

VIP Member
Jun 8, 2010
87,872
18,019
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ok, So should I apply for re-consideration? because COVID was not our fault. Temporary layoff was only for 2 weeks.
See my next post above. I think you will need to appeal with the help of a lawyer.
 
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scylla

VIP Member
Jun 8, 2010
87,872
18,019
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If I apply for appeal. Can it create problem in future applications? like if i go with CEC in future then.
No, this shouldn't cause issues.
 

UKRHUL

Full Member
Nov 10, 2016
31
0
Temporary layoff means you were unemployed during this period.
I am not sure if this is correct. I just checked on a website.

What is a temporary layoff?
A temporary layoff is when an employer temporarily stops an employee’s work with the intention of bringing them back to work at a later date. It’s important to note that a temporary layoff is not the same as a termination of employment. While a termination means the end of the employment relationship, a temporary layoff means the employee is still employed but not currently working.
 
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