Larss

Hi all,

I have recently asked my company for a transfer to our canadian office. I'd like to move to Canada, and the simplest path for me at this point would be to move there with my company, get a inter-company work visa for a couple of years while I apply for my PR.

After the interview with the canadian office HR, I got an offer, but it is a permanent offer though. I have asked them to send me first an offer for a limited length of time, let's say 3 years, in order to comply with the Inter-company transfer visa's requirements. But they say they are not allowed to do that, and that I will have to go with the permanent.

Under this circumstances, my doubts are: if I show up at the immigration office with a permanent job offer instead of temporary, what are my chances that I don't get an inter-company transfer visa issued? If I get it issued, for how long? Is there any way around? Explaining the situation to my employers doesn't seem to work, so it seems that I will have to figure it all out myself if I want to get the job.

If anyone has been in a similar situation and could throw some light at this, that would be highly appreciated.

Best regards,

Alex

christmasoompa

Your job offer letter for a TWP *must* have an end date on it, it cannot be permanent, or the TWP won't be issued.

Seems like your company needs to understand that you cannot use a permanent job offer to get a Temporary Work Permit, and that you need the TWP to apply for PR once there. You need to explain to them that to get a TWP, one of the conditions is that you need to satisfy an immigration officer that you will leave Canada when your TWP expires - which will be rather difficult to do with a permanent job offer!

Maybe you could offer to sign something in writing with them to agree that as soon as you have your TWP they'll then give you a permanent job offer (which you'll need to apply for PR anyway), and you'll get PR asap?

If they won't do it, then your only option is to ask them to apply for an AEO for you, so that you can get PR before going over, but that'll be an 18 month or so wait and I'm not sure if they'll wait that long?

It's actually to their advantage to have you on a TWP (as you can't work for anybody else, so you're tied to them), so maybe point that out as well?

Good luck.

Larss

Thanks for the reply, Christmasoompa!

I am considering different options here. I think I would try to get from them a Job Offer Letter for a 3 years temporary job, just for immigration purposes, and agree with them to actually sign the permanent job contact. I would think that this would not cause any legal problem to my employer in any case, am I right?

Also, I have a 1 year Working Holiday Visa, in case that they don't accept this option, but I am not sure how this may help.

Larss

I think I will offer my employer what I mentioned in my previous post:
-Signing a permanent job contrat, but
-Getting from them a 3 years temporary job offer letter, just for immigration purposes, in order to get my visa issued.

So, given this scenario, does anybody foresee any issues with this? Does immigration double-check at all the coherence between job offer letters and actual job contract in the case of Inter-company transferees?

Thanks

Former Lancastrian

Immigration will be checking that you are eligible as an Intra Co Transferee as per section 5.31 of this manual on page 59
http://www.cic.gc.ca/english/resourc...w/fw01-eng.pdf

davidsk

Here is my personal experience though not an Inter-company.

1. I got a permanent job offer from a Canadian employer.
2. Contacted provincial immigration office for PNP grant (In my case, NSNP).
3. The employer filled in the PNP employer form.
4. Submitted my PNP application.
5. The NSNP Granted me the nomination and an URGENT letter.
6. Used the URGENT letter to apply for TWP at the POE.

In this route, they don't seem to care if it is a temporary job or a permanent job.

sudha

We have gone through the Inter-Company transfer.

You will not be issued a TWP if you take the permanent job letter.

We did go to the border for the WP with permenant offer and was told by the Immigration that the job has to be fixed period not permenant.

We asked the company for the letter and they employed a law firm which costed them a lot but they pretty much did write a letter telling its a limited time engagement.

We got the permits and working.

sdo1982

If you are lucky they will it took a phone call from my immigration lawyer to CBSA to get them to look in their own 'kin manual when I arrived!
3 bloody hours because the monkeys had no background knowledge of their job!
(I wouldn't have minded but the correct page and paragraph of the manual was also listed in the covering letter that accompanied the documents that they received via fax!)

Former Lancastrian

Well if the Feds stopped paying us peanuts/bananas then you wouldnt get monkeys performing the job I hear ya though but management seem to think that we can do both jobs but there again I have come across ICT packages submitted by lawyers that were found not to be meeting the ICT requirements
I bet it was Vancouver CBSA that you had problems with.

sdo1982

how did you guess
To be fair they did figure it out eventually! I think i got the new girl on the job!

Former Lancastrian

Most of the complaints about CBSA not knowing their jobs stem from Vancouver & Toronto airports or the smaller land border crossings all across Canada. We all started off somewhere but I know frustrating if on the end of the learning curve and it is taking some time.

roflwell

Sorry to hijack, but I asked this same question here, and also to my new employer, and they said that because it's for long-term temporary employment, the job offer doesn't need to specify an end date. The LMO they have for me has been issued for 3 years.

Now I don't know which is correct

Former Lancastrian

The LMO has an end date so the TWP will only be issued for 3 years.
All TWPs that are issued are Temporary. Its the process they are gained under that lead to PR status getting granted if applicable. ICT doesnt guarantee PR status and is more restrictive than other ways.

roflwell

Yep, I understand that the TWP is temporary, obviously. My question is that the job offer doesn't specify an end date - and whether that would be a problem or not...

Geordie Lass

I don't think that matters - what matters is the length of the LMO. Does that make sense?