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Potential of promotion while on TWP (intra-company transfer) & PR application in

Potential of promotion while on TWP (intra-company transfer) & PR application in

Old Oct 30th 2013, 2:36 am
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Default Potential of promotion while on TWP (intra-company transfer) & PR application in

Hi all,

I tried a search, but couldn't find an obvious answer to this...

I came over just over a year ago on a TWP, via an intra-company transfer (specialised knowledge). My FSW2 PR application was submitted in March.

My immediate boss has recently changed teams, so her job is becoming available. I'm not expecting to get it or anything, but there could be a chance.

So what I wanted to know, how would that work if they did decide to offer me her job? Basically it'd be managing the team I work in. Would I basically have to treat it in the same way I did when receiving this job offer? i.e. they could go via an intra-company transfer again, if I fitted into one of the 3 categories? If not, I imagine an LMO would be needed? Would I then just go to the border to get a new TWP for this job? My wife is on a SOWP - would she need to come and get a new one too? Would SIN change, etc.?

As for the PR application, would I then just write to them with details of the new job and update that part, or would I need to start that all again? Hopefully I could just update! Would I need to re-do some of the forms, etc.? Also, would it slow down the PR application at all, or not make any difference?

Sorry for all the questions. They are purely hypothetical as I wouldn't expect to be offered her job, but I want to be clued up on what would need to happen if I were. I wouldn't want to turn down a great opportunity.

Thanks,

Graham.
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Old Oct 30th 2013, 2:48 am
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Default Re: Potential of promotion while on TWP (intra-company transfer) & PR application in

Intra Co transferee jobs are LMO exempt so as long as you qualify then a new work permit would be issued based on the job change. OH wouldn't need to change the SOWP work permit as its an open work permit however the expiry date would be different to the new Intra Co one so that eventually would need to be extended.
All of this can be done via CIC Vegreville and online or by driving to the USA and presenting all relevant documents at the border and paying the fees.
http://www.cic.gc.ca/english/work/extend-stay.asp
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Old Oct 30th 2013, 5:43 am
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Default Re: Potential of promotion while on TWP (intra-company transfer) & PR application in

Originally Posted by Former Lancastrian
Intra Co transferee jobs are LMO exempt so as long as you qualify then a new work permit would be issued based on the job change. OH wouldn't need to change the SOWP work permit as its an open work permit however the expiry date would be different to the new Intra Co one so that eventually would need to be extended.
All of this can be done via CIC Vegreville and online or by driving to the USA and presenting all relevant documents at the border and paying the fees.
http://www.cic.gc.ca/english/work/extend-stay.asp
Hey,

Thanks very much for the response. I think I'm reasonably clear on your answer, but just wanted to clarify so I don't make any assumptions!

- You mentioned intra-company transfer jobs are LMO exempt. So yep, that's how I came over from the UK just about a year ago. If I were to be offered this promotion, would this be seen as being offered another transfer? i.e. This new job would be assessed by itself against all the criteria, and the fact I'm already working in my current job would essentially be irrelevant?

- So if I went to the border, what would I be telling them? They'd obviously see my current work permit which was issued under the intra-company transfer route, but as above, I'm not then sure if they're looking at the new one completely by itself, or taking into account I was already transferred to Canada.

- If the above is the case (i.e. all the criteria need to be met again), I noted one of the conditions was that you need to have worked for the company for at least a year (within the last 3) outside Canada. So does that mean after I've been here for over 2 years, I wouldn't be able to qualify via this route for another promotion?

Sorry for the confusion - I just want to be clear so I fully understand it.

Thanks!

Graham.
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Old Oct 30th 2013, 10:59 am
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Default Re: Potential of promotion while on TWP (intra-company transfer) & PR application in

Hi


Originally Posted by graham1710
Hey,

Thanks very much for the response. I think I'm reasonably clear on your answer, but just wanted to clarify so I don't make any assumptions!

- You mentioned intra-company transfer jobs are LMO exempt. So yep, that's how I came over from the UK just about a year ago. If I were to be offered this promotion, would this be seen as being offered another transfer? i.e. This new job would be assessed by itself against all the criteria, and the fact I'm already working in my current job would essentially be irrelevant?

- So if I went to the border, what would I be telling them? They'd obviously see my current work permit which was issued under the intra-company transfer route, but as above, I'm not then sure if they're looking at the new one completely by itself, or taking into account I was already transferred to Canada.

- If the above is the case (i.e. all the criteria need to be met again), I noted one of the conditions was that you need to have worked for the company for at least a year (within the last 3) outside Canada. So does that mean after I've been here for over 2 years, I wouldn't be able to qualify via this route for another promotion?

Sorry for the confusion - I just want to be clear so I fully understand it.

Thanks!

Graham.
1. You may have a problem in getting a work permit for the new position without a LMO. You stated that you received your original work permit as an ICT on the basis of "specialized knowledge"
2. The employer would have to prove that the new position is either specialized knowledge or "are being transferred to a position in a Executive, Senior Managerial, or Specialized Knowledge capacity; If they claim it will be in Executive or Senior Managerial, the hitch maybe that you are not transferring from a similar position in the parent company.
3. 5.31 of the Foreign workers manual

have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer him or her, outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding
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Old Oct 31st 2013, 2:49 am
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Default Re: Potential of promotion while on TWP (intra-company transfer) & PR application in

Thanks PMM.

So for the application for a work permit, we'd basically have to go through the exact same process as I did for my current permit? Well, except I'd likely drive to the border rather than come in via an international flight! So essentially they don't care I've already been transferred here, they just take it on it's own merit completely and we'd need to justify one of the 3 categories?

If it comes to anything, I'll let them know this and I suspect they'd use their lawyers again if they did decide to. Will leave it up to them though.

Would there be any issue with me having a PR application in already? I know the TWP's are for temporary workers, but I've also been told before it's no problem to have a PR application in. I guess the wording would be something like if it isn't granted, then yes, it's temporary...

Aside from that, is it fairly simple to update the PR application if this change did happen? I assume I don't need to re-submit it or anything, and it shouldn't slow things down (given where I currently am in the process) - is that correct?

Thanks,

Graham.
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