Introduction
When moving to Canada as an international student, foreign worker, or PR applicant, your employment stability is not just about income—it’s often directly tied to your immigration status.
A recent Alberta court case serves as a timely reminder: resigning from your job in Canada or trying to withdraw a resignation can have serious consequences. While the case itself was not about immigration, its lessons apply directly to newcomers navigating work permits, permanent residency (PR), and provincial nominee programs (PNPs).
The Case in Simple Words
In August 2022, a worker in Alberta submitted a written resignation, effective June 30, 2023. Months later, during the sale of the company, she claimed she had verbally withdrawn her resignation in a meeting with the new management.
The employer, however, did not recognize the verbal withdrawal, and the court later ruled that the resignation stood. Emails showed she was “willing to recant” if offered a suitable package, but that didn’t count as an official withdrawal.
Court’s finding: In Canada, resignation and withdrawal must be clear and preferably in writing. Verbal claims alone may not hold up legally.
Why This Matters for Immigrants
For newcomers, losing a job is not just about paycheques—it can affect your entire immigration journey. Here’s why:
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Temporary workers on closed permits: If your permit is tied to a specific employer, quitting or being considered resigned may leave you without valid status.
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PGWP holders: While you can change jobs, gaps in employment might reduce the skilled work experience you need for Express Entry or PR.
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PNP applicants: Many provincial programs require a valid, ongoing job offer. Resigning can cancel your nomination.
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CEC candidates in Express Entry: You need continuous skilled work experience to qualify. Gaps can delay or prevent eligibility.
Immigration Consequences of Resignation or Job Loss
|
Immigration Pathway |
Impact of Quitting/Resignation |
|
Employer-specific Work Permit (LMIA/Closed Permit) |
Resignation means you cannot continue working; you must apply for a new permit or change status. |
|
Open Work Permit (incl. PGWP) |
You may change employers, but losing a job delays Canadian work experience needed for PR. |
|
Express Entry – Canadian Experience Class (CEC) |
Requires continuous skilled work; resignation may reset your timeline. |
|
PNP (Job-Offer Based) |
If the job offer is withdrawn, the nomination can be cancelled. |
|
Bridging Open Work Permit (BOWP) |
Job loss doesn’t cancel status, but you must remain eligible for PR. |
Practical Advice for Newcomers & Students
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Keep everything in writing
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Submit resignation or withdrawal by email or signed letter.
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Do not rely on verbal conversations.
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Think immigration first, career second
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Before quitting, check how it affects your PR eligibility or work permit.
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Seek advice early
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If unsure, consult both an immigration consultant and an employment lawyer.
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Plan for transitions
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If you want to switch jobs, apply for a new work permit or confirm PR status first.
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Document work history carefully
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Immigration programs often ask for job letters, pay stubs, and contracts. A disputed resignation may complicate this proof.
Case Lessons for Immigrants
This case highlights key lessons for international workers:
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Written documentation matters: Courts and employers prioritize written over verbal communication.
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Job stability = immigration stability: A sudden resignation could jeopardize PR, work permit, or PNP nomination.
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Awareness is protection: Many newcomers are unfamiliar with Canadian labour laws. Understanding them helps avoid costly mistakes.
Broader Implications: Immigration With Employment
Immigration is not just about submitting an application—it’s about meeting requirements over time. Employment law directly intersects with immigration law when:
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A job loss triggers a work permit issue
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Resignation disrupts CRS points for work experience
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PNP nominations depend on an active employer
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Study-to-PR transitions (PGWP → PR) require consistent employment history
By learning from this case, newcomers can avoid missteps that might impact their long-term settlement goals.
Conclusion
This Alberta case is more than just an employment law dispute—it’s a wake-up call for international students and workers in Canada.
Resignation, whether intentional or disputed, can have direct consequences for your immigration status. Always document employment decisions in writing, and seek professional advice to protect both your job and your immigration pathway.
At Paul Abraham Immigration Consulting, we help clients navigate not only visas and PR programs but also the employment issues that can impact their status in Canada. Contact us to ensure your immigration journey stays on track.
