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.