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[Repost] (really needs a lawyer / professional opinion) - employment question

[Repost] (really needs a lawyer / professional opinion) - employment question

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Old Jan 14th 2003, 1:27 pm
  #1  
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Default [Repost] (really needs a lawyer / professional opinion) - employment question

Hello there all,

Having been investigating these options recently I've come across an interesting point. We all know that in order to work temporarily, you need a the work permit approved by HRDC, and if you want a permanent job, you have to wait for the processing time.

However, under

http://www.hrdc.gc.ca/hrib/lmd-dmt/fw-te/common/intro.shtml

they state a temporary job offer CAN BE MADE if "You have made an offer of indeterminate (permanent) employment to a foreign national who intends to apply for a permanent residency, and you intend for the foreign national to enter Canada to work before he/she has a permanent resident visa".

My question is therefore this: If you have been offered a permanent job, and intend to start work immediately (i.e. temporary, before the permanent job offer comes through) - does the employer STILL have to advertise the job as per the guidelines...

see here:

http://www.hrdc.gc.ca/hrib/lmd-dmt/fw-te/common/temporary.shtml

... for bringing a foreign worker into a temporary job?

I also note from the quote above they state "intends" to apply - not that you have to have already applied ... interesting.

Many Kind thanks in advance,

Rob
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Old Jan 14th 2003, 2:45 pm
  #2  
Andrew Miller
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Default Re: [Repost] (really needs a lawyer / professional opinion) - employment question

Yes, employer must apply for job offer validation to HRDC if you want to
work in Canada before becoming a PR and in order to apply for such
validation employer must present evidence that suitable Canadian candidate
was not found despite extensive national advertising for at least 3 or so
months.

But if you don't want to work in Canada before becoming a PR and thus you
will not be applying for work permit then in order to get bonus points for
arranged employment you need positive opinion from HRDC - when applying for
such opinion employer doesn't need to prove that Canadian candidate wasn't
found.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)

For confidential phone consultation go here:

http://members.yahoo.liveadvice.com/andrewmiller_canada
________________________________


"robfromuk" wrote in message
news:[email protected]...
    > Hello there all,
    > Having been investigating these options recently I've come across an
    > interesting point. We all know that in order to work temporarily, you
    > need a the work permit approved by HRDC, and if you want a permanent
    > job, you have to wait for the processing time.
    > However, under
    > http://www.hrdc.gc.ca/hrib/lmd-dmt/f...on/intro.shtml
    > they state a temporary job offer CAN BE MADE if "You have made an offer
    > of indeterminate (permanent) employment to a foreign national who
    > intends to apply for a permanent residency, and you intend for the
    > foreign national to enter Canada to work before he/she has a permanent
    > resident visa".
    > My question is therefore this: If you have been offered a permanent job,
    > and intend to start work immediately (i.e. temporary, before the
    > permanent job offer comes through) - does the employer STILL have to
    > advertise the job as per the guidelines...
    > see here:
    > http://www.hrdc.gc.ca/hrib/lmd-dmt/f...emporary.shtml
    > .. for bringing a foreign worker into a temporary job?
    > I also note from the quote above they state "intends" to apply - not
    > that you have to have already applied ... interesting.
    > Many Kind thanks in advance,
    > Rob
    > --
    > Posted via http://britishexpats.com
 
Old Jan 14th 2003, 9:08 pm
  #3  
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Default

Thank you very much for your advice Mr Miller, it is much appreicated.

Kind Regards and Thanks,

Rob
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