Immigration Corner | Can I quit my job after nomination?

 

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Dear Miss Powell,

I read your articles all the time and notice that you give some good advice, so I’m turning to you to help me. I first came to Ontario as a student. I completed my postgraduate studies a few years ago and want to stay permanently, as I have family here. However, because of my age, my scores were low. I was worried that I will have to return home, then my employer helped me to get a Provincial Nomination under the job offer stream.

I was very happy for his help, but now he is starting to behave as if he is doing me a big favour. We had a big falling-out recently, and the work environment has become too toxic. I am thinking of quitting. Do you think that if I quit, my application for permanent residence will be affected?

RN

Dear RN,

I am sorry to hear that you are having issues with your employer. When you receive a certificate of nomination under the Ontario Immigrant Nominee Programme (OINP), both the employer and the applicant must continue to demonstrate that they meet the conditions of nomination until you at least receive a confirmation of permanent residence.

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CONDITIONS OF NOMINATION

The province has outlined that under Section 17 of the Ontario Immigration Act, 2015, S.O. 2015, c. 8, you must adhere to certain conditions if you were nominated under an employer job offer stream.

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Some of the key conditions are as follows:

1. You must continue to demonstrate an intention to reside in Ontario.

2. You must be employed in the approved employment position as of the date of your nomination, if you are already working for the employer.

3. You are required to continue to be employed in the approved employment position during the nomination period. In other words, your terms of employment must remain consistent throughout the nomination period.

4. You will be expected to ensure that there are no changes to your employer, position, job title, duties, wage, hours of work and location.

If any of the above situation changes, you are expected to notify the OINP immediately in writing and provide an explanation.

CANCELLATION OF PROVINCIAL NOMINATION

The province may cancel you nomination if any of the above conditions are not met. Under Section 18 of the Ontario Immigration Act, failure to comply with the requirements may result in the cancellation of your certificate of nomination. The province may also cancel your nomination if the employer withdraws the job offer or if you quit/decline the job. So, if the job is terminated by either you or the employer, the certificate of nomination can be cancelled.

If you are no longer able to comply with the conditions of your nomination under the act, you must notify the OINP immediately in writing via email. You will be expected to provide a reason for quitting. The province will evaluate the reasons provided to determine if your nomination should be cancelled.

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You did not provide the details about the disagreement between you and your employer; however, you should do whatever is necessary to maintain the status quo. Everyone knows that it is not easy to get provincial nomination. A provincial nomination automatically increases your comprehensive ranking score by 600 points, which improves your chances of receiving an invitation to apply for permanent residence.

Is the situation one that can be resolve with the help of the human resources manager (if there is one)? Can the issue be resolve through open discussion with your employer? If the situation is so bad that you think you have no recourse but to quit, I recommend that you consult with an employment lawyer before taking such a drastic step. If you feel you have been treated unfairly, you may be able to pursue a claim for constructive dismissal. Both you and the employer would be affected by this claim. Although this is a different issue, you should ensure that you have witnesses and documents to substantiate your position and claim. I recommend that you consult directly with a lawyer before taking any drastic steps. It is in both your and the employer’s best interest to resolve the issue.

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Deidre S. Powell is a lawyer, mediator and notary public with office located in Ottawa, Ontario, Canada. You may request your online or telephone meeting via her website at www.deidrepowell.com, or call/WhatsApp 613.695.8777