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Federal Skilled Worker but with American Employer - Can it be done??

Federal Skilled Worker but with American Employer - Can it be done??

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Old Jan 22nd 2014, 10:50 am
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Default Federal Skilled Worker but with American Employer - Can it be done??

Hi guys

I'm looking to emigrate myself and partner to Canada and have managed to find a potential employer who would support me through the Federal Skilled Worker program.

HOWEVER, that company runs live sports events (which would be my role) in both the USA and Canada, and they are more-so moving into the Canadian market due to popularity, but their actual company is USA (not Canada) registered.

Does that make it a no-go???
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Old Jan 22nd 2014, 11:32 am
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

For Canada? Yes, I'd say so. It'd be not different to asking a British employer to sponsor you for Canadian Skilled Worker. Not possible. Perhaps they'd sponsor you for the US?
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Old Jan 22nd 2014, 11:38 am
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

Yes, in theory they could sponsor for the USA - but I want to live in Canada

Can anyone else confirm this for me please... Just want to make absolutely certain...
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Old Jan 22nd 2014, 12:25 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

I'm confused (doesn't take much). Does the employer actually have a Canadian office?

If so, you'll go over on a TWP, then once there working apply for PR as a FSW, as long as your employer will give you a letter stating they offer you a permanent role. It doesn't matter where the head office is based.

So if they have a Canadian office, I personally don't see the problem.

Last edited by christmasoompa; Jan 22nd 2014 at 12:27 pm.
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Old Jan 22nd 2014, 2:11 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

Hi there

It's still early days so I'm still gathering the information as subtely as possible. The company runs live events in both USA and Canada.

I'm not 100% certain if they currently have a Canadian office as such (the owner has dual citizenship apparently). However, I'm certain a Canadian office could be set up fairly easily for me to be based from depending on the final role I am assigned.

But let's assume that they do have a Canadian office (and also assume that without one it would be a definite no-go)...

I was under the impression that I would be granted PR prior to leaving, which I collect upon arrival?? Am I thinking of a different immigration route???

Help!
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Old Jan 22nd 2014, 2:19 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

Originally Posted by Lion Heart
I was under the impression that I would be granted PR prior to leaving, which I collect upon arrival?? Am I thinking of a different immigration route???
I think so! Unless you have a job on the list of 24 eligible occupations, you can't apply for PR under the FSW program unless you have arranged employment - which basically means a LMO/TWP. So you'd move on a TWP first, then apply for PR once there.

HTH.
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Old Jan 22nd 2014, 2:38 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

is it livenation?
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Old Jan 23rd 2014, 12:28 am
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

Originally Posted by Lion Heart
Hi there

It's still early days so I'm still gathering the information as subtely as possible. The company runs live events in both USA and Canada.

I'm not 100% certain if they currently have a Canadian office as such (the owner has dual citizenship apparently). However, I'm certain a Canadian office could be set up fairly easily for me to be based from depending on the final role I am assigned.

But let's assume that they do have a Canadian office (and also assume that without one it would be a definite no-go)...

I was under the impression that I would be granted PR prior to leaving, which I collect upon arrival?? Am I thinking of a different immigration route???

Help!
Having a Canadian office would not in itself be sufficient. They would have to be a Canadian registered business. An American company cannot sponsor you for immigration to Canada no more than a Canadian company could sponsor someone for US immigration. They can hire Canadian workers to operate their events, but they could not bring in foreign workers, even their US employees would need permits to work in Canada, as do Canadian companies going to the US.
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Old Jan 23rd 2014, 6:20 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

Well if they've got a Canadian office and they're running a business, by definition they have a permanent establishment so they'll need a Canadian business number and they'll clearly need a Canadian payroll too so in effect it becomes a Canadian business.

http://www.fin.gc.ca/treaties-conventions/usa_-eng.asp

Article V is the relevant bit.
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Old Jan 24th 2014, 3:47 pm
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Default Re: Federal Skilled Worker but with American Employer - Can it be done??

For an LMO, don't they also need to provide tax return info to prove they are established and legit?
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