[Repost] (really needs a lawyer / professional opinion) - employment question
#1
Just Joined
Thread Starter
Joined: Aug 2002
Posts: 27
[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
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
#2
Guest
Posts: n/a
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
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
#3
Just Joined
Thread Starter
Joined: Aug 2002
Posts: 27
Thank you very much for your advice Mr Miller, it is much appreicated.
Kind Regards and Thanks,
Rob
Kind Regards and Thanks,
Rob