Visas & Advice Detail
Your questions: March 2006
Readers of Emigrate Canada posed our experts some questions. Here are their replies
Dear Emigrate Canada
I have been going through the forms which my prospective employer should have filled in with a view to working for him in Canada. I came across a section which to me read 'Get your Labour Market Opinion (LMO) from Human Resources and Skills Development Canada, apply for a temporary work permit (assuming this is granted), come to Canada and start work, and apply for a permanent residence visa (PRV) whilst you are working there'. Am I right, or is there a catch?
Steve Crown
Stuart Bennett of Hand in Hand Immigration replies as follows:
Hi Steve
The series of steps is spot on but, of course, it's never quite that simple! The steps in a bit more details are:
Apply for the LMO – this is done by the employer and it is at this point that the duration of the permit is established. If you intend to pursue immigration, it is worth establishing this with the employer in advance and getting a two-to-three year permit.
Apply for work permit – your permit will be valid for the duration specified by the employer or the validity of your
passport, whichever comes first.
Come to Canada and start work.
Apply for PRV – this can be done through the federal immigration system or a provincial system depending on where you are. In either case, your application should be expedited. You should note that you have to stay with the employer until you receive your permanent residence or, if you do find another job, you get a new work permit. In the event that you change jobs, you will have to notify the office processing your immigration application. Hope this helps.
Dear Emigrate Canada
We applied to emigrate to Canada and got our file number in November 2004. My husband, the principal applicant, works for a company that has a sister company in Canada. They have said they would consider him for a position when he has landing status as they say Canadian law states that they must have tried to employ a Canadian first, including training someone up for the job. Through Emigrate Canada we discovered that intra-company transfers are exempt from the normal regulations. We have found a small amount of detail about intra-company transfers. Is there any information or websites that you could give us?
Debbie and Kendall
Employment counsellor Shadi Norman replies as follows:
Hi Debbie and Kendall
Yyou are quite right in saying that Intra company transfer is exempt from Human Resources and Skills Development Canada validation. However, the following rules apply. Intra-company transferees may apply for work permits under the General Provision if they:
Are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national company;
Will be undertaking employment at a permanent and
continuing establishment of that company;
Are seeking employment in a Executive, Senior
Managerial, or Specialised Knowledge capacity;
Have been employed by the company in a similar position for one year in the previous three years prior to coming to Canada;
Are coming to Canada for a temporary period only; and
Comply with all of the existing Immigration requirements for temporary entry.
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