fourspoon

Hello all, hoping some of the knowledgeable folks on here can help.

I am in Canada on an ICT 3 year work permit and landed 2 months ago, now living in Hamilton. I went to Service Ontario today to get OHIP cards for myself and family and was refused on the basis that my work permit says 'Calgary' in the Employment location. This is where the head office of my company is but I don't physically go there. I work remotely and the company are happy for me to live anywhere in North America. I have a letter from employer saying that I am working in Ontario but they didn't care about that.

Service Ontario refused to hear my argument and said that unless the work permit states Ontario as the Employment location then you are not entitled to an OHIP card.

In the conditions of my work permit, it states that I am not authorized to work in any other occupation or for another company other than as stated, but it doesn't state that I am not authorized to work in another province. So as far as I am concerned, I can move to anywhere in Canada I wanted and work for my company as it doesn't state that is restricted. I am wrong about that?

I currently have 2 choices - appeal the rejection to Service Ontario or reapply for a new work permit from scratch. Neither of which are terribly appealing right now.

Appreciate any advice.
Thanks
Chris

Farmboy1892

We moved to Ontario in January and all I can tell you is that we had to wait 3 months before we could get our OHIP. I think this is the standard waiting time.
Does your job provide benefits??

Can you get your company to change your location to Ontario??
Still looks as if you will have to go through CIC to get that permit changed though. Go to a service Canada office and ask that question??

fourspoon

Yeah I knew there was a 90 day wait period, that's why I hadn't gone in before now...

My company can't change the work permit and that's all ServiceOntario seem to care about. My company benefits are all in addition to the provincial coverage so not all that useful to me right now.

Former Lancastrian

Did your initial contract state you would be working in Ontario?
I have issued many work permits where the Head Office is located in one Province but the person will be working in various locations and that can be added into the comments section of the work permit.

You will need to provide evidence to IRCC Canada about your situation before they will change the work permit.

fourspoon

Thanks for your reply.

My work contract doesn't state a specific location as my role is home based and location doesn't matter to the employer. So no, it doesn't say I'll be working in Ontario, but it doesn't say specifically that I will be working anywhere else either. My employer is a small company and I can get them to write any letter of confirmation I want if it will help.

I spoke to the IRCC on the phone today and they said they can't change a work permit and the only option is to apply for a complete new one. Do you think that is true?

Do you agree with Service Ontario that the work permit restricts me from working in Ontario even though there is no written restriction on any regional location in the conditions?

Former Lancastrian

Now don't take this the wrong way but from my point of view

The company you are working for on the ICT are located in Calgary. They supported and requested the ICT. The contract didn't specify your work location however being located in Calgary one might come to the conclusion that you would be working in Calgary and not in Ontario or even Nova Scotia or anywhere else in Canada.

IRCC could amend the work permit to show the work permit as being employer specific but all locations across Canada.
Now your work location might not matter to your employer but for others it does make a difference.
Its also unusual for an ICT company to allow you to live and work remotely from any location in Canada without specifically mentioning the circumstances and why you wouldn't need to be based where they operate from especially if no office located in Ontario.

fourspoon

I can see why it sounds strange talking about it in the abstract like this but without wanting to publish my complete job description on a public forum, I consider it a fairly 'normal' position in a modern IT company in the field I am in and makes sense when explained in person. There is no physical office in Ontario but there are other staff in Ontario that I work closely with.

So how would I go about requesting an amendment to my existing work permit? All I can find are applications for extensions and new permits...

christmasoompa

Application to Change Conditions or Extend Your Stay in Canada as a Worker

HTH.

Engineer_abroad

What class of ICT were you issued your permit based on?

If SK note the following from CEC's website:
'ICT Specialized Knowledge workers must be clearly employed by, and under the direct and continuous supervision of, the host company'.

Just my 2 cents worth but this may be difficult to prove if the company is in Alberta and you are in Ontario.

fourspoon

Its a fair point, the reality is its no different where I am located as I wouldn't be going to a workplace even if I lived next door to the registered office in Calgary. There are other members of staff in Ontario and I'm in constant contact with other people in the company during the working day....

rivingtonpike

Yeah, I work like that. I work remotely and very rarely am I at "Head Office", but I'm in constant hourly contact with my peers. Our office is for the large part "virtual". Most/all my co-workers are in a different country (USA).

Former Lancastrian

The way I look at it is if this is the reality of how work is being done then why would a person need the ICT and be issued a work permit and move to Canada?
Couldn't they just do the work from the UK so no ICT is actually required?

fourspoon

Responsiveness to customer requests is the main reason due to the time difference and working hours but travel cost is the other. I visit customer sites and trade shows that are mostly in the US and Canada, my travel spend was over £30k last year and will be less than £10k this year..

Former Lancastrian

There is the difference you are actually visiting customer sites and attending trade shows and a person could do that without the need for a work permit In Canada anyway.

The object of the ICT is to allow a person who is currently employed by a multi-national company and seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;

Intra-company transferees are not necessarily required to re-locate to Canada. However, they are expected to actually occupy a position within the Canadian branch of the company; there should be a clear employer-employee relationship with the Canadian company, and the Canadian company should be directing the day-to-day activities of the foreign worker. This is especially important for employees working at client sites and not at the parent, branch, affiliate, or subsidiary.

If an applicant is not going take a position in a Canadian branch, officers should examine whether they might better be classified as a business visitor, which includes provisions for after-sales service (see Authorization to work without a work permit – Business visitor).

Doing business means regularly, systematically, and continuously providing goods and/or services by a parent, branch, subsidiary, or affiliate in Canada and the foreign country, as the case may be. It does not include the mere presence of an agent or office in Canada. For instance, a company with no employees which exists in name only and is established for the sole purpose of facilitating the entry of intra-company transferees would not qualify.

Im not suggesting this is the case with the OP but having an office in one city and living in another and it not being mentioned in the initial contract is somewhat not normal hence my questions.

Engineer_abroad

OP as a note, FL is always too modest to mention it, but he is a current CBSA agent so deals with these kinds of applications and queries on a regular basis.

If he is raising questions it is likely that another agent would do the same.

My thoughts would be not to rock the boat and invite scrutiny on you current work permit. Are you eligible to transition to PR?