Few months back, a very good friend of mine from India got a job offer from a fairly popular IT company headquartered in Toronto. A formal signed employment contract from HR representative of the company was sent to my friend which he signed. Terms and conditions were agreed upon by both the parties. LMO wasn't required because this was an IT job. Work Permit and visa applications were lodged for him and his dependents (wife + 2 children) in CHC New Delhi.

Now here comes the funny part... Couple weeks back, the Canadian company called him and told him that they have closed this position because of the decline in world economy and can't offer him a job anymore. The company paid for the visa application fee because originally the applications were initiated by them. My friend only paid for the medical examinations for him and his dependents. Thanks god he had not yet resigned from his current job but he is extremely upset emotionally, reason being, they had made so many plans with regards to their possible move to Canada.

I am not able to advise him properly because of my limited knowledge about this stuff. What do you think my friend should do now??? The current situation is that now he has received the Canadian Temporary Resident Visas stamped in their (he, his wife, and children) passports and an approval letter for Work Permit which I think he was supposed to take with him to the Port of Entry to have a Work Permit stamped in his passport. But he doesn't have that Canadian offer of employment anymore. Is there anyway he can make use of his visas now? Should he still go to Canada? Should he take some legal action against the employer? Please advise.

Also, is decline in world economy really affecting the skilled job market in Canada these days? His situation is making me worried because my work permit is also in process (with a different Canadian employer). If this can happen to one person, this can also happen to another person.

Thank you.

November rain,
This is reality with respect to NA jobs. With the recession, it is very hard to retain existing IT jobs and the company was well within its rights to say that the job offer made is no longer available. Legal action against the company canot be taken and even if taken, will not be ruled in your friend's favour.
Regarding your job work permit process, it all dpends on the company and hence without knowing your skills or the company that hired you, it will really will be impossible to tell if your job will last through the recession. It should be no surprise and wonder if you come to Canada and then your job disappears in 2 or 3 weeks and your job may be terminated. So it is wise to think ahead and have back up plans. Canada is not sheilded against the currenct economic recession. on the other hand , a famous company known as RIM (maker of the blackberry) proposes to add 1200 job and many jobs are in IT. So it is a mixed situation.
Regarding if you r friend can still come with the visa stamped on it can be answered by other CD's.
All the best.
Peace by TK

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I am a Gents and not a Ladies.

Visa is tied to work permit, new job means new workpermit/visa

"... A formal signed employment contract from HR representative of the company was sent to my friend which he signed. Terms and conditions were agreed upon by both the parties ..."

Hi Nov. Rain,

If the formal agreement has been signed and a copy is with your friend, does it discuss the situation of 'Breach of Contract' by either party? Does the contract have the clause if the offer was revocable? A normal agreement (job offer/ acceptance letter) will say 1 ~ 3 month notice/ or pay in lieu of and place of court settlement in case such kind of things.

I understand, nothing much is expected; looking at the hassle and expenses in legal direction.

-Ben

Thanks guys for your comments.

1. About the legal action, he only wanted to know if by law he can force the employer to reconsider its decision.

2. About the visa, let me explain. He applied for a Work Permit... not PR. He is from India which, as we all know, is not a visa exempt country. So, the Canadian High Commission in New Delhi (India) stamped Visitor Visa in his and his dependents passports and also gave him an approval letter for Work Permit which he was supposed to present to a Border Services Agency officer at a Canadian Port of Entry so to have a Work Permit stamped in his passport. He was told that this is how the Work Permit is granted to a person who is from a country that is not visa exempt. He is confused about what should he do with the Visitor Visa stamped in his passport and approval letter given to him. Should he inform the CHC New Delhi about what has happened and ask them to cancel the visas in his passport? Should he return the Work Permit approval letter to the CHC New Delhi? Or should he go to Canada on the basis of Visitor Visa in his passport and don't show the Work Permit approval letter at the Port of Entry so that he could only enter Canada as a Visitor (though I am not sure if he can do this). At least he would be able to enter Canada to search for the possibilities of finding himself a new job. Can he do this? What do you think the best possible approach should be for him?

Thank you.