jukikee

We submitted our common-law application in June 2004 and it seems our application is meeting one problem after the next. I wrote CIC in August giving them our new address, but it seems that they didn't pass on the information to Quebec. I've since contacted Quebec twice, but they keep sending on the forms to our old address (in Sweden).

Anyway, I'm very frustrated at this point, but that's not the point of this post.

My partner has a job interview (actually an audition) in April, and it looks now like he won't have his PR by then at the rate things are going now. Is he still allowed to do the audition? The job would start in September 2005.

The other thing is, he has already turned down several job offers because he doesn't have his PR. This seems ridiculous to me. Isn't it in Canada's best interest that he settle as quickly as possible?

PMM

Hi Jukikee

Sure he can audition, but he can't take the job until he is a PR.

PMM

jukikee

They want to pay him for the audition.... The audition entails 6 rehearsals plus a final concert, and then an interview after that. Does he have to refuse the money?

PMM

Hi Jukikee

Now it sounds more like a performance. See: http://www.cic.gc.ca/manuals-guides/english/fw/fwe.pdf App A. It would appear that he would need at least a work permit and depending what it is he is going to do, he may require HRSDC validation.

PMM

jukikee

Well, yes, it is a performance, except that if they like him, they'll hire him for the next season.

Thanks for the link. As I interpret it, he can be accepting jobs while he's waiting for his permit, so long as they are just "a few rehearsals and a concert" and not concerts five nights a week for the next six months. Or? It's really difficult to get a straight answer when I call CIC. It seems each person I talk to has a different opinion, or doesn't even understand what I"m talking about.

We're desperate for him to be able to accept gigs while he's waiting. He's a happy work-aholic, and sitting around at home isn't doing either of us much good.

I really appreciate your help...

orazone

When all these pop stars like Britney , M.Jackson, Ricky Martin etc go to EU , Canada and all over the world ... do they get workpermits from their concerned HR /Labor Departments ?? I seriously doubt it .This guy is just going to make 6 appearences. I believe he should be Okay. If i was he, i would request concerned company to send my check back to US(or whereever his country of residence is). Companies do business with foreign firms/individuals and they need to have invoice for the work their service provider performed. You are not going to get any clear answer from CIC and everybody will make his/her own interpretations. I would say, if its a real problem and there is no way out then simply ask your employer to hold the payment. When you get PR then ask them to release it.

jukikee

I don't want to create any more troubles with the application, but would it be okay to have them write him a cheque, and he and I could cash it together at my bank? Or they could just pay me, but maybe that starts to look like we are trying to hide something.

PMM

Jukikee

His "audition" without a work permit, is working without authorization, not a good thing to be caught at. Working one hr. without authorization is working. As to the previous comment about Britany Spears et al, they don't require HRDSC authorization as they are recognized "artists" but they are admitted on a manifest, which is a work permit for groups.

PMM

jukikee

Just a minute, his "audition" is a valid audition. No quotes. It's an audition, comprised of about 6 rehearsals and a concert, and they will pay him for his time. At the end, if they like him, they will hire him to be the permanent director, to start work in September 2005. There's nothing shady about this.

Andrew Miller

No matter what you call it it is a work, period.
And it needs proper work permit.

jukikee

Can he get a proper work permit for that while waiting for his permanent residence application to be approved?

Andrew Miller

First - you need to tell us exactly what the audition and performance will be all about - as Regulations allow performing artists (with certain exclusions) to work without work permit:

---------------------------------
R186. A foreign national may work in Canada without a work permit

(g) as a performing artist appearing alone or in a group in an artistic performance -- other than a performance that is primarily for a film production or a television or radio broadcast -- or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services, nor performing in a bar, restaurant or similar establishment;
-----------------------------------

But for example "persons temporarily occupying a permanent position at a permanent performing arts organization" will require work permit subject to HRSDC validation.

So, any further comments require more details from you.

jukikee

He would be in that case considered a Guest Conductor for one project with a community choir. The concert would be in a church, one time only.


So it would be:

[QUOTE=Andrew Miller]

---------------------------------
R186. A foreign national may work in Canada without a work permit

(g) as a performing artist appearing alone or in a group in an artistic performance --

YES

other than a performance that is primarily for a film production or a television or radio broadcast -- or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if

NOT FOR RADIO OR BROADCAST

(i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and

GUEST CONDUCTOR WITH A CANADIAN GROUP

TIME LIMITED ENGAGEMENT

(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services,


NOT YET, BUT IT COULD LEAD TO....


nor performing in a bar, restaurant or similar establishment;

NOPE
-----------------------------------

But for example "persons temporarily occupying a permanent position at a permanent performing arts organization" will require work permit subject to HRSDC validation.

I don't see how this is different from being a guest artist... It's pretty confusing.


Thanks for your help...

Andrew Miller

If he will be replacing temporary someone else on already existing position (a conductor) then it seems that he will need work permit after getting validation from HRSDC.

If he would just joining a group as additional performer then it would qualify as a guest. Again, it is more complex than this forum is designed for and you really should seek professional assistance more directly.



[QUOTE=jukikee]He would be in that case considered a Guest Conductor for one project with a community choir. The concert would be in a church, one time only.


So it would be:

jukikee

He won't be replacing someone else, since their regular conductor has resigned and therefore they are looking for someone new. There will be three conductors auditioning in the same way. So it seems to me he would qualify as a guest.

Can you recommend someone I can contact who could help advise me more directly?


By the way, does having an immigration lawyer help speed up the process, or does it make any difference?