Advice Needed - Permanent Residence - In Canada 7 Years on Intra-Company Work Permit

[CK_Alberta]

Hi Members

I am reaching out seeking advice and guidance with my situation. I know it may be a long read but I would appreciate any help.

My Story

I came to Canada (Alberta) back in Jan 2012 with my Company on an GATS Intra-company transferee - Specialized Knowledge category under NOC 1211 - Skill Level "B" Work Permit for a Transmissions Project. I worked here continuously (with a rotation of 12 weeks on and 2 weeks off - the off meant i returned to my home country of Trinidad for my two weeks off) until the end of my assignment in April 2015. I went to another assignment in Africa between (May 2015 to Feb 2016) but returned to Canada in March 2016 for another Project at a Manager's position with the purpose of implementing a new tool to this project. First of our project to use this tool.

I've had three Work Permit renewals since coming here in Jan 2012. My third renewal which was done as I returned here in 2016 was done with the same position that I had back in 2012. My position was not reclassified on my most latest renewal probably because my Company's immigration lawyers were looking for the easiest route for my renewal.

• Work Permit – 07-Jan-2012 to 11-Mar-2014
• Work Permit – 19-Dec-2013 to 11-Mar-2016
• Work Permit – 04-Apr-2016 to 14-Apr-2018

On returning from my Christmas break (went back to Trinidad for the holidays) at the airport the Immigration Officer pulled me in to check my work permit as it expires in April of 2018. I informed him that I have already started my WP renewal process with my Company's Immigration Team at which point he informed me that there may be a good chance that my WP will not be renewed as i've been here since 2012 and under the Specialized Knowledge class, I am only allowed 5 years here. I took what he said as gospel as he should be the subject matter expert in my mind.

Upon returning to work the next day I informed my Company's Immigration Lawyers about my run in it at the border and they indicated that the best route for me would be Permanent Residence as my project ends in 2021 and i'm needed to the end. They conducted an assessment and came back to my Functional Managers informing them that I was not a good candidate for PR.

The Immigration Lawyers indicated that because I am classified as "Admin" with that NOC and the fact that i do not have a degree gave me too low Points for the Express Entry route. They also indicated that the Alberta PR route is the hardest route to take and suggested to my Functional Managers that moving to BC or Ontario will be the best option for me to get PR. That is not an option for me as my company does not have any projects within those Provinces. The Immigration lawyers also suggested the Provincial Nominee option however that takes 2 years and is no guarantee.

At this point the Company's Immigration Lawyers are trying to recapture the 10 months that I was in Angola which puts me till Jan 2019. I would really like to start the PR process and my Company is willing to support the effort however the Lawyers dont seem to think that they can help me in anyway outside of getting me to BC or Ontario.

My Questions

1. Is there a limit on the number of work permits or years in country one can have on GATS Intra-company transferee - Specialized Knowledge category under NOC 1211 - Skill Level "B"

2. Is it true that people with that NOC are never invited to apply for Permanent Residence?

3. What other options do I have at getting Permanent Residence.

Thank you in advance for your help

Ck_Alberta

 

[scylla]

1) There are 5 and 7 year limits. You'll need to assess how these rules apply to you. Details below:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/intra-company-transferees/canadian-interests-significant-benefit-general-requirements-r205-exemption-code-c12.html

2) For Express Entry / FSW - it doesn't matter what your NOC is as long as it falls under A, B or 0. What matters is how many points you have based on your education, age, work experience, language test score, etc. Have you calculated how many points you have yet? If not - that should be your next step.

 

[CK_Alberta]

1) There are 5 and 7 year limits. You'll need to assess how these rules apply to you. Details below:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/intra-company-transferees/canadian-interests-significant-benefit-general-requirements-r205-exemption-code-c12.html

2) For Express Entry / FSW - it doesn't matter what your NOC is as long as it falls under A, B or 0. What matters is how many points you have based on your education, age, work experience, language test score, etc. Have you calculated how many points you have yet? If not - that should be your next step.

Thanks for responding Scylla, yes I calculated and I received a total of 350.

 

[scylla]

Thanks for responding Scylla, yes I calculated and I received a total of 350.

Ah - unfortunately that's far too low to be selected under EE. Have you maxed your language scores? If not, consider taking IELTS again.

 

[CK_Alberta]

Ah - unfortunately that's far too low to be selected under EE. Have you maxed your language scores? If not, consider taking IELTS again.

I took it CELPIP

Listening - 11
Reading - 11
Writing - 11
Speaking - 8

 

[jes_ON]

2. Is it true that people with that NOC are never invited to apply for Permanent Residence?

Absolutely not true, at least for the federal programs (provinces design their own PNP programs, so they are all bit different).

However, your story about your NOC and job was confusing - are you stating that all your work permits are for NOC 1211, but you are doing a different job? What NOC do you think aligns best with your actual job duties and responsibilities?

http://noc.esdc.gc.ca/English/NOC/SearchIndex.aspx?ver=16

The concern is, if you do not have a work permit for your actual job, that (technically) means that you are working without authorization. A very common reason for refusal is that the NOC people claim does not match their actual job duties and responsibilities.

You would be eligible under express entry (likely both CEC and EE) but your current score is too low to earn an invitation, What IS your educational background? (Highest degree/diploma?) Have you gotten the highest score possible on the language exam? (Or have you not taken it yet?)

You should also be able to get your company's support to be able to claim 50 bonus points for having a "valid job offer."

 

[jes_ON]

Hi Members
They also indicated that the Alberta PR route is the hardest route to take ....
Ck_Alberta

Note that changes are planned for the Alberta PNP program, although it may not happen in time for you.

This article explains the changes, which would make it much easier for you to get a nomination:
https://www.cicnews.com/2017/10/alberta-immigration-announces-new-opportunity-stream-109715.html#gs.14fA8wM

Implementation of these changes has been delayed, however you should check the Alberta PNP website for updates -
http://www.albertacanada.com/opportunity/programs-and-forms/ainp.aspx

 

[CK_Alberta]

Hi jes_ON

Yes, my job when I started back in 2012 is not what i presently have. I started of at a Supervisory level and now at Management level. I have not applied to be refused yet. The assessment that was done was conducted by my Company's Immigration Lawyers.

When I returned in March 2016 for the new Project at the new position, the Company's Immigration Lawyers didnt change my position or anything, they just went ahead an renewed what was already in the System.

I do not have a University Degree as a never completed but I do have some modules completed. I am looking it to having those assessed to see if they can be added to my education levels.

Do you think that the Company's Lawyer's can apply for a renewal at my new classification and be able to move from Specialized Knowledge Class to Management to buy some time so that I can apply under the PNP?

Ck_Alberta

 

[jes_ON]

Thanks for responding Scylla, yes I calculated and I received a total of 350.

Try again! With your language scores, 5 years of in-Canada work experience (best guess based on the dates you provided), and assuming: at least 1 year of foreign work experience, a high school diploma, and a valid job offer, my calculation was 430. It is still low, but now it is within reach.

http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

How many years of experience do you have with the company (or any company) in a skilled occupation (any O, A, or B NOC) outside of Canada?

 

[jes_ON]

Hi jes_ON
When I returned in March 2016 for the new Project at the new position, the Company's Immigration Lawyers didnt change my position or anything, they just went ahead an renewed what was already in the System.

The lawyers' laziness means you are technically working illegally. IRCC won't care whose fault it is. You might have some hope if the new management position is quite similar to the position for which you are authorized.

I do not have a University Degree as a never completed but I do have some modules completed. I am looking it to having those assessed to see if they can be added to my education levels.

IRCC only awards points for completed degrees/diplomas. You could have your high school diploma assessed, that would give you 2 points. (It is not mandatory though under the CEC class).

 

[CK_Alberta]

Try again! With your language scores, 5 years of in-Canada work experience (best guess based on the dates you provided), and assuming: at least 1 year of foreign work experience, a high school diploma, and a valid job offer, my calculation was 430. It is still low, but now it is within reach.

http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

How many years of experience do you have with the company (or any company) in a skilled occupation (any O, A, or B NOC) outside of Canada?

I have been with my Company for 15 Years and been here in Canada 7 years at NOC B (per my WP). Skilled outside of Canada I would say 4.

 

[jes_ON]

I have been with my Company for 15 Years and been here in Canada 7 years at NOC B (per my WP). Skilled outside of Canada I would say 4.

You can include your skilled experience from the past 10 years... I also had to guestimate your age, since you are clearly very experienced, you probably have a lower score on age ...

 

[CK_Alberta]

You can include your skilled experience from the past 10 years... I also had to guestimate your age, since you are clearly very experienced, you probably have a lower score on age ...

Yes I'm no spring chicken, more of any autumn fowl Im 43 so I know that doesnt work in my favour either.

 

[Cedric11]

Hi @jes_ON and @scylla,
I
hope someone can help me in my questions below.

I am currently below the minimum scrore to receive an ITA. But my current company outside Canada is willing to give me a job offer in our Canada branch that will give +50 points on my score. With the +50 points for sure I will be receiving an ITA the following draw.

My problem is my company cannot provide an LMIA but instead can provide reference and support letters for an LMIA exemption under Intracompany transfer
"Qualifying job positions for specialized knowledge workers [R205(a)] (exemption code C12)"

Does anyone here have experience in this path? Does my company need to coordinate with IRCC or their reference and supporting letters will be enough? Also what specific items should my employer be providing in their letters for a good chance of approval.

Thanks so much!

 

[scylla]

Hi @jes_ON and @scylla,
I
hope someone can help me in my questions below.

I am currently below the minimum scrore to receive an ITA. But my current company outside Canada is willing to give me a job offer in our Canada branch that will give +50 points on my score. With the +50 points for sure I will be receiving an ITA the following draw.

My problem is my company cannot provide an LMIA but instead can provide reference and support letters for an LMIA exemption under Intracompany transfer
"Qualifying job positions for specialized knowledge workers [R205(a)] (exemption code C12)"

Does anyone here have experience in this path? Does my company need to coordinate with IRCC or their reference and supporting letters will be enough? Also what specific items should my employer be providing in their letters for a good chance of approval.

Thanks so much!

You won't be entitled to the 50 points for the job offer.

To receive job offer points, you must first move to Canada under an ICT work permit and must then work in that job for a full year in Canada. Having the job offer isn't enough.