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Hello friends..
I’m dealing with an employer-employee matter involving one of my clients, a Temporary Foreign Worker (TFW). Here’s the situation:
The TFW previously held a (PGWP) and had been working with the same employer for nearly 16 months before an LMIA application was submitted. The LMIA-supported job offer indicated biweekly hours ranging from 60 to 74 and a fixed salary starting Dec 2024, rather than an explicit hourly wage. I had lots of doubts that the LMIA would be approved and I explained it to the employer; however, she drafted her contract with her employment lawyer with that information and refused to state an explicit hourly pay.
To my surprise, the LMIA was approved in August 2024. We updated the TFW’s Express Entry (EE) profile, granting her 50 additional points. She received an ITA in September 2024, and her PR application is currently in progress. Before the PGWP expired in December 2024, we submitted a BOWP application based on the PR submission. She continues to work for the same employer under the BOWP – on a maintained status as application is still pending.
Recently, the employer began assigning the TFW more hours (75–80 biweekly) but continues to pay her the fixed salary stated in the contract, which basically means reducing her hourly rate. Despite the TFW raising concerns about unfair pay, the employer refuses to adjust.
The TFW is now considering quitting the job but is worried about the potential implications on her PR application and the 50 points granted via the LMIA-supported job offer.
I personally feel that she has the right to quit her job, and if questioned: all her documents were in order. As a matter of fact, the employer used to praise her a lot and confirmed to me in our consultations that if she were to leave, it would be a “serious financial setback” to the business – per her words.
Would you agree that the TFW is able to find another job without negative implications to her PR application, or the additional 50 pts?
To confirm, she previously held a PGWP, and before its expiry we submitted a BOWP (no closed work permit application was submitted)
Based on the information you’ve shared, here are some key considerations for the TFW and the potential implications for her PR application and LMIA-based 50 points:
Key Points:
Eligibility to Leave the Job:The TFW’s Bridging Open Work Permit (BOWP) allows her to change employers without requiring a new LMIA or employer-specific permit.
However, the 50 points she gained via the LMIA-supported job offer are tied to the validity of her job offer until her PR application is finalized. If she leaves, she could lose these points if IRCC is notified or requests verification of her job offer status during processing.Documentation and Compliance:
If the TFW has complied with all terms of the original LMIA-supported job offer and filed the PR application with accurate documents, it should remain valid. Leaving the job will not retroactively invalidate her PR application unless IRCC finds discrepancies or requires updated documentation.
It is crucial that the TFW records all communications with the employer regarding changes in hours and pay discrepancies. This documentation could be valuable if IRCC raises questions or if any concerns about employment standards arise.
Employer Conduct:
The employer’s refusal to adjust the TFW’s pay despite increasing her working hours could potentially breach local employment laws. This may provide a valid justification for the TFW’s decision to leave if questioned by IRCC.
Recommendation to Seek Advice:
While it seems the TFW is within her rights to leave the job, consulting an immigration lawyer or contacting IRCC directly could provide further clarity and assurance regarding any potential implications for her PR application.Practical Next Steps:
If she can, she may tolerate the situation until she becomes a PR.
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