I have got a W-1 visa stamped on my passport, but my company is not in a mood to have me moved to their Canada office. The visa is 2 years and almost one year is passed. My question is can I come to canada on my W-1 visa and not get the compnay work permit, stay and find a job and get another work permit? Or are there any other options for me?
Can I come to canada on my W-1 visa and not get the work permit?
- Thread starter adilkhan11atgmaildotcom
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I'm not sure what you mean by "not get the company work permit". If you are entering Canada based on a work permit, CBSA will expect to issue that work permit to you on arrival. If you ask them not to issue the work permit, I think you're at risk of them saying you shouldn't be entering Canada if you no longer have a job offer here and sending you home.
If you decide to enter on the work permit, then yes, you can stay and look for another job (as long as CBSA allows you in). To switch employers, you will need to secure a new job offer, your employer will need to get an approved LMIA, and then you'll need to apply for a new work permit.
Ok, I asked about not getting the work permit so that I wont get bound to work by the closed work permit. So now that is clear that I can get the work permit on port entry and can stay in Canada to get another job. I have couple other questions.
1. I have my current W1 visa, letter of introduction and job offer letter with me, could it be possible that my company, who issued my work permit, prohibits immigration to not issue me the work permit?
2. Are the chances of getting a job inland Canada more, or should I search for a job remotely, get a new work permit and then arrive on the new one?
1. I have my current W1 visa, letter of introduction and job offer letter with me, could it be possible that my company, who issued my work permit, prohibits immigration to not issue me the work permit?
2. Are the chances of getting a job inland Canada more, or should I search for a job remotely, get a new work permit and then arrive on the new one?
1. Yes, there is some chance. But it would be CBSA who decides not to issue the work permit, not your employer. It's not common, but occassionally, CBSA will contact the employer to confirm they are expecting you. If CBSA does this and finds out there is not job waiting for you, then they most likely won't issue the work permit and may send you home. The chances of this are low.
2. In my opinion the chances are more or less the same. If you want to look for a new job from within Canada, then you'll want to make sure you have substantial savings so that you can cover your accommodations and food while you look for a job and you'll also have to keep in mind that you most likely won't be covered by the health care system.
Would add that you can’t misrepresent yourself and declare that you have a job in Canada with the employer mentioned. If you are asked about the position in Canada at the POE and you declare that you are coming to Canada to work for the employer in the position mentioned in your WP that would be misrepresentation. When the next VO looks at your profile there may be questions about how you entered Canada yet never worked for the employer. It doesn’t look good if you come to Canada a year into the WP and never work for the employer.
I guess only option for me which I can see is, either my current company send me on my current job offer, otherwise I need to find another job in Canada, get a new work permit ( and a new W-1 visa ) and then I can come!
p.s. my current employer also applied for PR for myself and my family, so I am pretty much unsure what to do with my current situation.
thanks for replying.
p.s. my current employer also applied for PR for myself and my family, so I am pretty much unsure what to do with my current situation.
thanks for replying.
The employer (likely their immigration lawyer) may have helped you apply for PR but you need to be involved in the process. If your employer is not planning on transferring your position to Canada anymore your best options would be to try and find another employer in Canada or look into express entry programs to see if you qualify to apply for PR.
I recommend checking the official website of Immigration, Refugees and Citizenship Canada (IRCC) for the most up-to-date and accurate information regarding visa requirements and work permits.
Hello every one. I am happy joining to this discussion forum. My name is Brhanu. I have PhD in public health, MSc in Biostatistics and health informatics, and BSc in environmental health science. I have more than 16 years work experience in the health sector including governmental and non-governmental organization. I am married and have 3 children. I need to move to Canada with my family. How i can join Canada easily?
Thank you all!
Thank you all!
I have some updates on my situation. As I mentioned earlier that my employer (through their consultant law firm) had applied for my and my family PR. The PR process is almost done and I have submitted our passports for visa stamping which we will soon receive.
My employer is still saying that they do not have yet an opportunity in Canada. My question is, can I go to Canada with my family once I receive our passports stamped with the PR visas and the COPR document? Do we need to bring anything else? Can my employer (through the law firm) make us not move to Canada and get our PR cards?
If your employer is applying for PR for your family with a job offer that you will receive points for that must involve an actual job. If you show up and there is no job that means that you and your employer are conspiring to commit immigration fraud which is a crime. You could lose your PR it is discovered that there was never a job and you never worked for your employer on arrival in Canada. It could take a review of your case when you apply for citizenship to discover that you never had a job in Canada so shouldn’t have received points for the job. If you commit immigration fraud and it is discovered you could actually lose PR. If the company you work for does not have a job available they should not be claiming that there is a job and that you will start working for them on arrival.
The job offer is still active (I assume otherwise we would not have received the PR visas) but the employer is not asking us to start. And we have already received our PR visas and CoPR documents, so once we arrive in Canada and apply for PR card, and once we receive the PR card, we can find another job and work for another employer if my current employer still don't ask to start the job. I guess that is not our fault if employer does not onboards us on the job!? And definitely I agree we need to have a job in Canada and pay taxes and comply with our obligations as PR to proceed to Citizinship
If you don’t actually start the job and it is discovered that there was never a start date that isn’t a true job offer. If IRCC looks back at your employment history and sees that your job offer was based on a internal transfer and that your WP was approved 1.5 years ago but you never relocated to Canada there could be valid concerns that this was misrepresentation and there was never a true job in Canada. Employers have been known to help their employees come to Canada and offer them things like fake job offers. It is extremely strange that an employer would go ahead with your PR application based on their job offer even though it has been 1.5 years and you have not received a start date yet. Employers and immigration lawyers worrying about following immigration laws would have withdrawn either the job offer or the PR application based on the job offer if they weren’t sure if you would ever be transferred to Canada. You should be demanding that the employer give you a start date after 1.5 years so that you don’t have to worry about your status all the way until you receive citizenship. During citizenship applications is when many of these irregularities are looked at more carefully while people think once they get PR they are in the clear.
I have already asked the employer many time about when the job would start, but they say when a client approves me to work from Canada then they can start the job. Some of the other employees did went to Canada on their job offers (4 of them) and they are working on their job offers. In my case the client which I am working for, I don't think he would budget me on the Canada job offer that is why the company is delaying me. Regarding misrepresentation, as I am planning to enter Canada on my PR visa and CoPR docs along with my family, if immigration office ask me about the job offer I will tell them the truth about my situation and that my company is still not allowing me to start the job for their reasons, and I have to be in Canada to start my immigration process, I will search for another job because my employer is not starting the job for more than 1.5 years now and as I am now a permanent resident I can work for another company as well. What do you think, would that be a right choice for me?
Also, what if my employer closes my job offer? I assume that would not affect and I can still go for immigration and look for another job?
Thanks.