Solarfish

After many years of holidays in Lake Louise, we finally decided to emmigrate. We had already bought a house as an investment in Canmore, AB in 2005 and filled out all the forms for PR through Skilled Worker class last year, using a Candian firm as representatives. Application went to London in July/August with AOR recevied stamped 8th Sep 2006 and indicating 42 months wait.

My current employer is a global company with offices all over the world. I work in global IT division and we are going down the IT outsourcing route worldwide (3/4 of all staff being made redundant). I had planned to take the generous redundancy payment and then start applying to every company I could think of in Calgary to try to get over there.

However, almost out of the blue, a month ago, my current employer said they didn't want to lose me and what would it take. I said either a lump of cash or (almost jokingly) they get me to Canada. To my surprise they agreed! Not only that, because my role is global, I will be working from home which is useful because I will be employed through the office in Toronto, not too close to Canmore! My employer will also pay all legal fees and have already put me in touch with a lawyer over there.

So, after a long introduction, here is the purpose of my post, I want to know if there are any particular pitfalls I should watch out for in this process. Here is my current plan, based on lots of reading at CIC, please do let me know if I have made any dangerous assumptions.

1. I send applications for work permit (one for me and one for my wife) and new use of representative form to lawyers appointed by company.

2. My employer sends job spec (I've already seen it and it is written in such a way that no external applicant would have a hope of meeting all criteria)

3. Lawyers sends information off and permission is given for LMO

4. Employer makes me a permanent job offer which I accept

5. I apply for a work permit, probably two years based on others experience here

6. I receive work permit and my wife is also then entitled to a permit without LMO

7. We move to Canada (current plan is end of July 2007)

8. Once in Canada with 2 year work permit we then use our original representative to accelerate the existing PR application because of work permit and permanent employment.

9. Sometime within a year we would then receive PR status

The key things I am concerned about are whether my wife will automatically get a work permit when I do (she is a qualified accountant). Also whether we will face problems with one representative handling the work permit application and another handling the PR application. Finally what is the safest quickest method to get our PR application completed under these circumstances (and how long it will take)?

sydney

Hi
From my experience, having work permit does not speed up the PR appn if it is already submitted.
We submitted our PR appn and then got a work permit and we have had to wait the same time as everyone else for our PR.
We had our work permit extended with no problems though and your wife should get an open work permit to accompany you.
Good luck

Solarfish

I was going by the statement on the AOR that says:

"Please note that because of the volume of application in process at this office, you should not expect to hear from us for 42 months.

There are a few exceptions. For those applying as spouses, common-law partners, .............. or as provincial nominees, and for those with arranged employment in Canada confirmed by Human Resources Development Canada, or who are destined to Quebec, this review will take place within 6 months."

Is this not correct?

sydney

It is correct if you have arranged employment and then apply for your SW PR. However you have already applied for your PR.

I think that I have seen other people in your situation and they have been given advice to withdraw their first appn and reapply once they have the work permit as it would work out quicker.

Andrew Miller

Did your new lawyer checked if job in Canada qualifies as intra-company transfer? If job and your position qualify then there is no need for LMO. Better check.

burton bunch

Point about Wife's job.

If she is in "practice" then she will have to sit a reciprocity exam to be able to use the CA designation in Canada but if she is in "industry" then she wont have to do the exam - basically converting taxation law.

Rules re Accountants do vary throughout the country as each province has it's own institute that governs the profession. Try www.cica.ca and there will be links in there to the provincial institutes for her to take a look at.

Have just found the bit about foreign trained accountants here is the link

http://www.cica.ca/index.cfm/ci_id/617/la_id/1.htm

Good Luck

Solarfish

Hi Andrew, unfortunately I will be made redundant from my current position and then will need to apply for the new job. This would have been necessary anyway because of the outsourcing rules, so an intra-company transfer is not possible. However I am confident of the LMO being OK as the job is highly specialised and the requirements specifically state that several years experience of the company processes are required.

As far as my wife is concerned, she is a management accountant (CIMA) in industry so I think there will be minimal conversion required. Although from what I've heard it is extremely difficult to get equivalent employment in any field when coming in as an immigrant. All that is really important at this stage is that she is able to work legally in some capacity. Part of the desire to move to Canada is to downsize and get away from our current high pressure lives!

Solarfish

This sounds really risky, is it on these forums that you have seen someone doing this? I thought I had seen someone with a signature on here that appeared to indicate they had had their PR application accelerated in a similar way to what I'm suggesting. I have also paid all fees up front for the current application so don't really want to fork out again.

gryphea

Hello Solarfish

We've been speaking on snowheads! Welcome here!!!

So obviously I am not an expert............................ and may have it all wrong...........................................

I think you apply for spousal open permit at same time as your permit- this will be for duration of your permit which I believe largely depends on the LMO and some luck. These can be reissued I believe as they run out. It doesn't depend on spousal qualifications but on yours and so long as you are a skilled worker should be OK I think

I think once you are in you may be able to apply for Provincial nominee program (PNP) although this may be complicated by you offically working in Toronto but livng in Alberta. It may be your wife could find a skilled job and if its on the PNP list ie oa etc then she may be able to apply. I understand PNP is pretty quick 6-10 months.

Of course once you are in canada with some canadian experince you may be able to apply for a different job, if the toronto things complicates- but I guess you may have problems due to relocating allowances?


Gryphea

Solarfish

Well it seems I was mistaken about the way my job is going to be processed. The lawyers were already treating this as intra-company despite the impending redundancy and rehiring. As you suggest this means no need for LMO so that takes us another step closer.

I also asked them about the existing PR application and they have advised us not to cancel at this time and instead to simply inform the visa office when the permit is received.

Cookie

We have an AOR for PR Aug 2005. In Jan 2007 we landed in NS on a WP. One week after landing the CHC sent a letter requesting updated police checks and new photos. They state:

"Your application may be prioritised if you can show that you meet the requirements of Regulation 82(2) if the Immigration and Refugee Protection Act (IRPA) of 2002. You need to provide the following information so that a determination can be made:

1. a copy of your work permit.

2. proof that you are currently working in the employment shown on your work permit (payslips and/or tax documents).

3. that your employer has made an offer to employ you on an intermediate basis once a PR visa is issued to you - shown in a letter from your employer.

You should send this information within 90 days of the date of this letter. If you are able to show you meet the requirements of R82 you will be awarded an additional 10 points under arranged employment, plus 5 points for adaptability on the selection grid of the IRPA."

Therefore, we are thinking that our application will be expedited sooner rather than later. Of course I will keep everyone up to date with our timeline.

Rob_999

Sounds like you've got it planned right to me.

We submitted PR in Jan 06. Added LMO in December - within a week of getting temp work permit CIC sent us the same letter as above. I sent them the documents requested in December 06 and got medical requests back within 6 weeks.

Yes your wife can get an open work permit, you should apply for this when you apply for your work permit.

One more thing - LMO is for temp job only not for a permanent job. I believe the company need to offer you a contract for limited period (my employer was advised to offer 2 yrs as it's easier to get a LMO), and then (the important part for fast-tracking your PR) promise to convert that into a permanent job offer once PR status is reached. Not sure if this really matters, but technically I don't think they can offer you a permanent position unless you are a PR.

Anyway, thats what we did - and it seems to have worked.

Solarfish

Ah ha! It was your signature I had seen that indicated this acceleration of PR following WP

I'm guessing that now that I am actually "intra-company transfer" and that there is no need for LMO and that the job is permanent, the acceleration should also be possible for us

Solarfish

One interesting question here is whether they are talking about an actual acceleration or just more points. I already have 71 points on my application without any job and my understanding was that once the 67 was passed, additional points made no difference?

Rob_999

I think its both extra points plus prioritised processing.