ninaDGBCA

You need CIC to receive your application for visitor status before your WP gets refused. As soon as you get the refusal letter the implied status CIC told you you have won't exist anymore and you won't have a status. Restoration I guess was a better safe than sorry thing. But ask firstchoice. Look at the advice firstchoice, FL and siouxie gave you. I have nothing to add to that. Get to a CIC office and get something in writing. In case you get in trouble you will never find that person that gave you that info on the phone.

We did the PNP Ontario after arriving with a LMO. Your employer needs to qualify first and then you can apply. I think they changed it so you will need a language test for that, too. The Province will still check on the availability of Canadians and need for foreign workers but it'll be the Province. Ontario is supposed to be one of the stricter ones though.

I can't help you with your work question but gut feeling would say "no" as you are still working for a Canadian company and therefore would need permission to do so. Otherwise I think a lot of people would have cheated the system like this but I might be wrong.

All the best! Let us know how you got on.

BobbyN

Thanks, i guess i have to believe miracles can happen.

I will do the restoration of status this weekend and most likely i will return to the UK where I can continue to work for my company whilst employed by UK office.

My main option is to go via PNP and if not then look at CEC (if as i have been told my employment during implied status counts) but both I will be applying for from back in the UK.

Thanks for the advice everyone, you been great. I did not want to return to the UK, even if it is for a few months as I will be missing out on alot here but I hope to return and update everyone with what i hope is positive news.

If anyone has more advice to add then feel free to get in touch.

firstchoice

Hi,

Glad we all agree on this now!.

Applying for an extension of visitor status would be my priority now, unless you are leaving really soon. It is a separate application from the Restoration of Status; even though they use the same form I personally would not do them together. The application for a visitor extension IMHO may give you status if your work permit refusal comes soon and you have not left Canada yet.

I think PNP is your best bet for getting back in on a work permit if your Province supports that and of obtaining PR in the long run.

I know everyone here wants you to succeed. As ninaDGBCA says, let us know how you get on.

BobbyN

Hi all

The main reason my LMO got rejected was because my role was in application support and although since then I am doing much more until I am fully trained and competent my NOC code and salary will remain the same.

I spoke with my employers last week and they said if they go ahead with the PNP it would be using the same NOC code.

My concern is really that since I already got rejected once with service canada stating that my role can be filled by Canadian workers (not taking into account I have nearly a years worth or in-depth system knowledge), that when it comes to nominating the position that they will come to the same conclusion?

Thoughts please?

Bobby

Former Lancastrian

Applying under the PNP route is slightly different to the LMO route as no LMO is issued.
You need to read the PNP guidelines specifically for the Province that will be nominating you.
http://www.cic.gc.ca/english/immigra.../apply-who.asp

BobbyN

Hi FL

I have read through it and spoke with two lawyers and they did say for the position to get nominated they still look at NOC codes.

Former Lancastrian

Yes they do but not all PNP routes are equal. Employers approach the respective Province and then give them a story about how a persons qualifications and job description does not exactly fall in the NOC requirements.
The NOC do have stipulations but its not an exact science as certain job descriptions have nuances that the NOC code asks for.
Some NOC codes are very specific but some are open to interpretation.
A plumber is a plumber and a carpenter is a carpenter etc but supervisors in these types of jobs can be subjective and therefore open to interpretation.

BobbyN

Thanks

That gives me more idea into it. With service canada when it came to the LMO they seem to have just looked at it in black or white and did not read the details which entailed the systems knowledge required for my role.

Hoping to take the PNP Route once my employer confirms they will help.

Bobby

ninaDGBCA

They would not be interested in the system knowledge you have if there are enough Canadians that can fill the role then they just say, take them and train them.

PNP Ontario will look at the work experience (2 out of the previous 5 years in the same occupation) so you'll need proof of that etc. But first your employer needs to get approved.

BobbyN

Hi all

I asked something similar before but just want to check as I had a conversation with my employers. They are willing to support and share costs for the PNP.

They understand that during this process I will have to return to the UK.

That would mean terminating my contract with the Canada office and hiring me again under the UK office.

BUT is there any problem with me staying hired by Canada office and just working in the UK?

Considering salary it would have to go in my Canada account but my SIN has expired so not sure how that works.

Or I could stay hired by Canada office and potentially be paid via UK office into my UK account.

Anyone see some complications with this?

BobbyN

Also

PNP - this leads to PR?

Or is it a case of PNP is successful - TWP issued whilst a separate PR application goes through?

ninaDGBCA

Once you get the PNP you'll get a letter of support from the Province. You go to the border and get your TWP then you can start your PR application under the PNP route. I don't know whether you can stay employed by the Canadian employer but I would guess no.

firstchoice

Under current legislation you do not need a Canadian work permit to work for a Canadian company outside Canada. I don't like it though - it's called outsourcing. Theoretically I suppose the Temporary Foreign Worker program could be amended to require a work permit in the circumstances where a foreign national has a job in Canada and the job moves outside Canada. I doubt that will happen in the near future- but I suppose it is also possible the Canadian company might need to remit UK taxes in this situation.

BobbyN

Thanks Nina

My question is more about "starting the PR application" does that mean I will have to go through a massive process and incur more costs at that time too for the PR application?"

ninaDGBCA

@firstchoice: would the OP be paid into a UK account then? So basically the system can be "tricked" by just setting an office up abroad until further decisions are made?

@Bobby: yes you will need a completely new application for your PR. http://www.cic.gc.ca/english/informa...des/EP7TOC.asp

Additionally to your $2000 for your PNP application plus $150 for the work permit if you are successful you will have to pay for your PR application.

It will include police checks, language proficiency test, travels etc.
You will have to pay the permanent resident visa fee with your application. If it's just you then it's $475 and then later on the RFPR fee $490 http://www.cic.gc.ca/english/informa....asp#permanent
plus medicals roughly $200, IELTS $300 and all the miscellaneous (police checks, photos etc.) So you are probably looking at very roughly another $1500-$2000 in total only for your PR.

So from now, via PNP to PR you will be looking at about $3500-$4000!