Urgent Processing for Canadian citizenship to avoid losing job

[screech339]

Should I mention it to CIC? I feel I am left with 0 options, hence potentially risk of losing my job. What do I do to protect myself?

You can give it a shot. There is no harm in trying. If they accept it, great, otherwise nothing would change and your application will continue as routine as expected.

 

[amitdi]

Should I mention it to CIC? I feel I am left with 0 options, hence potentially risk of losing my job. What do I do to protect myself?

Find a better employer?

I didnt mean for you to apply L1, but rather this could be IRCC's way of thinking why you shouldnt deserve urgent processing. Even I feel this is case of communication between you and your employer, not something the IRCC will cater to.

But all the best, keep us posted how this proceeds.

 

[spyfy]

Should I mention it to CIC? I feel I am left with 0 options, hence potentially risk of losing my job. What do I do to protect myself?

An important side note: if you apply for urgent processing, you will receive no confirmation if or if not the request was honoured, you can only guesstimate based on how fast things are going. So you will remain in a limbo of uncertainty.

Sorry, feel bad for only bringing bad news.

 

[RoseDye]

An important side note: if you apply for urgent processing, you will receive no confirmation if or if not the request was honoured, you can only guesstimate based on how fast things are going. So you will remain in a limbo of uncertainty.

Sorry, feel bad for only bringing bad news.

Thank you for letting me know that. I didn't know that.

 

[munter]

Not legal advise, just my opinion:

If you are a full time employee, i.e. not an independent contractor, they cannot sack you because you do not have the correct visa to work in a new jurisdiction. If you tell them you cannot legally work in the US and they fire you, they have essentially fired you for not breaking the law. I think you could sue the pants off them. I am not a lawyer but if I was genuinely worried about this in your position, i would definitely seek advise. I feel like there is no chance you an be sacked for not getting: a visa to work in a new jurisdiction, 3 months after you start. They might have had a condition "will work anywhere globally" but the onus is on the employer to get the necessary work visa. How can you be responsible for that?!

 

[ZingyDNA]

Not legal advise, just my opinion:

If you are a full time employee, i.e. not an independent contractor, they cannot sack you because you do not have the correct visa to work in a new jurisdiction. If you tell them you cannot legally work in the US and they fire you, they have essentially fired you for not breaking the law. I think you could sue the pants off them. I am not a lawyer but if I was genuinely worried about this in your position, i would definitely seek advise. I feel like there is no chance you an be sacked for not getting: a visa to work in a new jurisdiction, 3 months after you start. They might have had a condition "will work anywhere globally" but the onus is on the employer to get the necessary work visa. How can you be responsible for that?!

The thing is, they (the employer) can always find reasons to let you go... If they have any legal sense, it won't be "not able to legally work abroad". It's gonna be "poor performance", "shortage of work" etc. So I'd suggest the OP start looking for a new job, if the employer starts forcing him/her to work in the states and the citizenship can't come soon enough.

 

[screech339]

Not legal advise, just my opinion:

If you are a full time employee, i.e. not an independent contractor, they cannot sack you because you do not have the correct visa to work in a new jurisdiction. If you tell them you cannot legally work in the US and they fire you, they have essentially fired you for not breaking the law. I think you could sue the pants off them. I am not a lawyer but if I was genuinely worried about this in your position, i would definitely seek advise. I feel like there is no chance you an be sacked for not getting: a visa to work in a new jurisdiction, 3 months after you start. They might have had a condition "will work anywhere globally" but the onus is on the employer to get the necessary work visa. How can you be responsible for that?!

There are situations in which the employee is on probation period (usually 3-6 months), in which employer has every right to let an employee go without cause. OP did say he/she is on the new job for 3 months, he/she may still be on probation period, depending on agree length of probation. Again we don't know the full story between OP and employer. Once the probation ends, then the employee would have rights to be compensated for being "let go" after the fact. There is a reason for the "work anywhere globally condition". This is so the employer doesn't have to do the work to acquire such visas. No different from a condition "Must have CAD skills or managerial skills" so that said employer don't have to spend such expenses on training. If the employee doesn't have the skills to do the job, the employer can let them go.

 

[itsmyid]

This is just a horrible idea - the employer can easily turn the table around: as the OP stated, the job required the flexibility of working anywhere, which the OP clearly didn’t have . Not to mention it’s the OP’s first job and I can’t really imagine how many people are that irreplaceable at their first job - by suing the first employer of his career, there is a good chance the OP will have a hard time getting the next job

 

[RoseDye]

This is just a horrible idea - the employer can easily turn the table around: as the OP stated, the job required the flexibility of working anywhere, which the OP clearly didn’t have . Not to mention it’s the OP’s first job and I can’t really imagine how many people are that irreplaceable at their first job - by suing the first employer of his career, there is a good chance the OP will have a hard time getting the next job

Yup, no clue where life is taking me. It would be a dent on career. Especially jobs fresh out of college/ university are kinda hard to find and I have to financially support my parents due to physical injuries.

 

[amitdi]

An important side note: if you apply for urgent processing, you will receive no confirmation if or if not the request was honoured, you can only guesstimate based on how fast things are going. So you will remain in a limbo of uncertainty.

Sorry, feel bad for only bringing bad news.

I know you have some good advice. So out of curiosity, I would like to ask -
For this specific case, can there be any negative repercussions if OP is seen as planning to leave Canada. I know intention to live is no longer part of the requirements. Its a highly subjective question, but still.

 

[screech339]

This is just a horrible idea - the employer can easily turn the table around: as the OP stated, the job required the flexibility of working anywhere, which the OP clearly didn’t have . Not to mention it’s the OP’s first job and I can’t really imagine how many people are that irreplaceable at their first job - by suing the first employer of his career, there is a good chance the OP will have a hard time getting the next job

I agree. There was a case whereby the employee was pretty much suing every past potential employers as he/she moved from one job interview after another (claims of discrimination) on to the next employer. Once the employers got wind of who this person was, they stay away from this person with a 10 foot pole. This person basically became unemployable despite the skills.

 

[vensak]

My 2 cents.

Well I think that the employee thought to get away with something only to discover that he could not. Why would employer bother on assigning him to a USA projects if they do not want to help him with visa (to which they have full right to do so).

What that person did is to confirm that he can do something he cannot do (being globally flexible). of course unless he did highlight them his current situation and that he can only give them an estimation if and when he can get a Canadian citizenship.
Would that influence employer decision to hire him? Sure it would. Would it be discriminatory? Hard to tell as an employer can request a proper working visa from you and you have to comply. They are not forced to get him a work visa in a first place.

Now what would happen if his case would drag (and yes, him revealing his extensive work in USA can trigger a rigorous check of his citizenship application instead of speedy treatment. There is nothing unjust in such treatment, and he cannot really complain unless his application would exceed the current average time to get citizenship).

What would happen to his life? Nothing much, he will just loose a better job and then he has to find one that is a bit less exciting and less paid in Canada. Did anybody promised him such job when arriving to Canada? Of course not. So nobody is obliged to expedite his process.

But then again that is life. If you do not have a competitive advantage, other person will get the job done.

 

[zardoz]

Was the employer ever told that you were going to be applying for citizenship?

If not, then why have they had the expectation that you would be able to work in the USA anyway?

Was it a condition of employment that you apply for citizenship?

 

[RoseDye]

Was the employer ever told that you were going to be applying for citizenship?

If not, then why have they had the expectation that you would be able to work in the USA anyway?

Was it a condition of employment that you apply for citizenship?

I did inform my employer I was applying but it wasn't in my contract that I am expected to work in USA. They were ok with me being remote till they realized its best to have a NCG at the headquarters.

 

[screech339]

To say, "It wasn't in my contract that I am expected to work in USA" contradicts the employment condition of being able to be "Flexible to work globally as job requires" that you agreed to.

You did say in your previous post.

It is in my contract that I need to be flexible to work anywhere in the globe as the job requires. I accepted those terms and conditions. I am no longer able to meet them due to my citizenship.

Flexible to work globally implies to be able to work anywhere in the world including the future possibility of working in US.