Can You Resign Before Receiving Your COPR While Your PR Application is at a Critical Stage?

The confusion surrounding the process of reapplying for your Canadian Permanent Residency (PR) while holding a status with an LMIA can be quite complex. Many individuals find themselves in a situation where they are uncertain about whether they can resign from their current job before receiving crucial documents like the Confirmation of Principal Residence (COPR).

The Impact of Resignation Before COPR Receipt

When considering whether you can resign from your current job, it's essential to understand the implications of each decision step-by-step. Given that your employer has applied for a Labour Market Impact Assessment (LMIA) and is still awaiting the issuance of your Confirmation of Principal Residence (COPR), you should proceed with caution.

Resigning early could have several negative consequences, particularly if your CPA (Cooperative Patricia Assessment) indicates a high number of points for your LMIA application. If you do resign, your employer may need to reassess your points, which could lead to a reduction in the LMIA approval. This scenario underscores the importance of remaining at your current job until the necessary documents are issued.

Steps to Follow Until COPR is Received

Instead of resigning, there are strategic actions you can take that do not compromise your current job or the LMIA process:

Continue Working: Keep your job until you receive your COPR. Your active employment is a critical factor in maintaining the validity of your LMIA.

Stay Updated on Application Status: Regularly check the status of your PR application through the Immigrant Account or IRCC’s website to ensure there are no delays or issues.

Seek Legal Advice: Consult a legal expert specializing in immigration to provide guidance and help mitigate any potential risks.

Understanding the LMIA and COPR Process

The LMIA is a crucial part of the process to work in Canada under temporary resident status. It assesses whether the recruitment of a Canadian worker is not possible and whether the work offer will not negatively affect the wages or conditions for work of Canadian workers. The COPR, on the other hand, is issued once your PR application has been received and is a confirmation that you have been selected for PR.

Consequences of Resigning Early

If you decide to resign from your position before receiving your COPR, this can disrupt the valid LMIA, potentially leading to a cessation of the assessment process. Your employer will need to reassess your points, which could lead to a lower score or even the complete rejection of the LMIA. This could result in:

Revised Points: Your updated points will be reassessed, which might lead to a lower score.

Employment Woes: If the reassessment lowers your points below the required thresholds, your employer may withdraw the LMIA application.

Uncertainty During Your PR Process: Without the LMIA, your PR process might face delays or complications, adding to your stress and uncertainty.

Strategies to Maintain a Smooth Transition

To ensure a smooth transition and avoid the above-mentioned complications, here are some practical strategies:

Communicate with Your Employer: Keep your current employer informed about the progress of your PR application. This transparency can help smooth the process and avoid any misunderstandings.

Stay Active in Your Job: Continue performing your duties diligently to demonstrate your value to your employer, ensuring a smoother PR process.

Plan Your Transition: Once your COPR is received, make a formal resignation and ensure that your job transition is handled seamlessly.

Conclusion

In summary, it is advisable to remain at your current job and continue with your PR application process until your COPR is issued. Resigning early could jeopardize your LMIA, leading to potential issues like reassessment of points and, ultimately, the cancellation of the LMIA application.

For further guidance and to ensure a smooth journey, consult with an immigration lawyer who specializing in Canadian immigration matters. They can provide tailored advice and help navigate the complexities of the PR process.