I need to relocate to another province with the same employer on a closed work permit

[GandiBaat]

Thank you for the details
Point 2. I meant can I apply for PNP of that province

Go through the requirements of that PNP program. What does it need? Typically most PNP program need you to have a job in that province. In case of remote job things will be going to be a bit complicated. PNP will need you to live in that province once you become PR. So you can not avoid that. But before you become pr will your job offer be enough? That will depend upon if your job's location was considered as in that province. My job (though I did NOT claim the points for it and I never went through PNP) is having "Virtual Location - BC". Means I have to live somewhere in BC to do it otherwise my employer's payroll will be messed up. This is the general idea. Details and exact requirements may be found in Application Guide or related documnts. If you are still confused, it is a sign that your case may be complicated. In that scenario, you should (or you must) consult a lawyer or RCIC.

Point 3. My work permit is from NS Province,if I move residence to Ontario, will I still be eligible to apply for NS PNP

Page 5 - 6 provide some hint.

https://novascotiaimmigration.com/wp-content/uploads/AppGuide-NSNP-SW-English.pdf

The Skilled Worker stream MAY be right for you
• The job you have been offered is located in Nova Scotia.

The Skilled Worker stream is NOT right for you
• Your job contravenes Labour, Skills and Immigration (LSI) policies related to:
- On-site Home-based Businesses
- Service Home-based Businesses
- Businesses with a Telework Arrangement

What are those policies? I don't know. I will suggest consult a Nova Scotia based immigration lawyer or RCIC who have experience in this with specifics of your case.

Also consider asking

Call (902) 424-5230 or toll free in Nova Scotia 1-877-292-9597
Email immigration@novascotia.ca

 

[GandiBaat]

If you could work remotely then you could technically work in your home country. Your employer has to justify why they need someone working for them in Canada and specified at their offices.

My employer has faced this kind of situation in the past and got LMIA to fly a hire from Peru. They could not find one in Canada so they had to recruit one from Peru. He now works from home most of the time. Also sometimes, they need to do intra company transfer as well. Even if you are working from home. The reason is regular meetings and sync ups. From immigration point of view, its quite simple: the position is in Canada. The person can work from his home, a restaurant or whereever he wants. So long he can attend meetings regularly and if needed reach office with in one or two hours. Many companies now do it.

 

[canuck78]

My employer has faced this kind of situation in the past and got LMIA to fly a hire from Peru. They could not find one in Canada so they had to recruit one from Peru. He now works from home most of the time. Also sometimes, they need to do intra company transfer as well. Even if you are working from home. The reason is regular meetings and sync ups. From immigration point of view, its quite simple: the position is in Canada. The person can work from his home, a restaurant or whereever he wants. So long he can attend meetings regularly and if needed reach office with in one or two hours. Many companies now do it.

That is a very different scenario than being fully remote in another province. Getting a WP that is mostly remote typically still requires you to be able to come into the office occasionally and live near the office of the WP.

 

[GandiBaat]

That is a very different scenario than being fully remote in another province. Getting a WP that is mostly remote typically still requires you to be able to come into the office occasionally and live near the office of the WP.

Fully remote is a payroll nightmare. My own job is "fully remote" expect it is in a location called "Virtual Location - BC", which means I can work from anywhere in BC. But yeah, its not really I can jump to Alberta and work from there. Actually we had one team mate who wanted to go to Ontario. They had to do an internal transfer to Ontario to ensure he is fitting right with payroll, employment act and even holidays. Heck his medical coverage is a bit different in ontario. So yeah, you can not have a "Fully remote" job. Local tax laws etc make it a nightmare.

 

[Lord_Tony]

Yes in my company also for a few who wanted to work remotely from Alberta as they applied for the PNP as it is easier or had a lower bar than OINP. The company had to do an internal transfer from Ontario to Alberta, get a new offer letter with the new location, apply for a new WP, etc..

This topic has been discussed a few times in this forum before https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-remotely-from-different-province-with-work-permit.824750/
Below is the response from a company's immigration lawyer when OP asked if he could work remotely from a different province.

"After checking your work permit, I am afraid to inform you (and confirm what I initially outlined to you on the message of (xx date) that, based on the LMIA previously submitted and on the information on the work permit issued, you can only work in Surrey, BC. Therefore, I do not advise you to live outside Surrey, BC.

If you move, all your personal information in Canada will be associated with a different address (home address, driver’s license, utilities, bank account, etc.), which would be problematic for you in subsequent applications, such as an application for permanent residence. You may even face difficulties in obtaining health insurance in a province other than BC because the Company has no physical location outside BC.

The company might be ok with you working remotely, but we applied for an LMIA for you to work in BC, and report at the Company’s address in Surrey. If your presence is not required in Surrey, BC, then we might have a problem with the work permit issued to you, as the information based on which it was issued could be perceived as containing misrepresentations. In other words, it could impact the Company’s credibility before ESDC in the sense of “why the Company would go through a somewhat difficult process to get you in Canada, indicating that you will report in Surrey, and allow you to work remotely? The company could have continued to employ you remotely.”

Please note that this is my legal advice and the legal advice of most immigration lawyers I know. You may find very few other immigration lawyers (and even consultants) who might have a different opinion. I stand by my legal advice and do not assess other ways to go around the results of an LMIA and conditions on a work permit."

 

[Lord_Tony]

Typically most PNP program need you to have a job in that province. In case of remote job things will be going to be a bit complicated. PNP will need you to live in that province once you become PR. So you can not avoid that. But before you become pr will your job offer be enough? That will depend upon if your job's location was considered as in that province. My job (though I did NOT claim the points for it and I never went through PNP) is having "Virtual Location - BC". Means I have to live somewhere in BC to do it otherwise my employer's payroll will be messed up. This is the general idea. Details and exact requirements may be found in Application Guide or related documnts. If you are still confused, it is a sign that your case may be complicated. In that scenario, you should (or you must) consult a lawyer or RCIC.

Ya the 50 points for a job offer is an even further scary one for EE applicants if they have a Job offer in Province1 and live in Province2, I doubt they can claim the points in either province. The only way to get around the mess is to get a new letter from the employer and also apply for a new WP.

Also keep in mind most PNP streams give preference to candidates who have job offers in the application province, hence for applicants who submitted such job offers if they don't end up moving to the province but continue living elsewhere for a couple of months after the PNP sponsorship is approved it does raise question on the validity of the job offer.