Express Entry for Intra Company Transfer

[Subhojit]

Dear experts, Need your guidance on my situation. A brief synopsis is as under:

1. I work for a consulting MNC which also has operations in Canada.
2. I have been working with the India office of the MNC for the past 7 years.
3. I have been working in Canada on an LMIA exempt work permit issued by the Canadian branch of the MNC for the last 6 months (since Jan 2019). This is also my cumulative work experience in Canada (although I have consulted a Canadian banking client based out of it's US location in the past 2 years, as a part of my consulting work role)
4. In summary, I've been working with the MNC for more than a year (7 years), but have been working in Canada on the work permit issued by the MNC, for 6 months only.
5. I have completed the ECA and IELTS for my partner and myself, and am now ready to apply to the EE pool.

My specific query: There is a question "Has xxx xxx been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)"
Should the answer to this be Yes or No? My dilemma is - I have been working for the "employer on the current work permit", i.e. the MNC firm, for 7 years. However, I have been working "on the current work permit" for only 6 months. Basis the former interpretation, I should answer Yes, but basis the latter, I should answer No.

Please advise!

Thanks,

Subhojit

 

[scylla]

Dear experts, Need your guidance on my situation. A brief synopsis is as under:

1. I work for a consulting MNC which also has operations in Canada.
2. I have been working with the India office of the MNC for the past 7 years.
3. I have been working in Canada on an LMIA exempt work permit issued by the Canadian branch of the MNC for the last 6 months (since Jan 2019). This is also my cumulative work experience in Canada (although I have consulted a Canadian banking client based out of it's US location in the past 2 years, as a part of my consulting work role)
4. In summary, I've been working with the MNC for more than a year (7 years), but have been working in Canada on the work permit issued by the MNC, for 6 months only.
5. I have completed the ECA and IELTS for my partner and myself, and am now ready to apply to the EE pool.

My specific query: There is a question "Has xxx xxx been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)"
Should the answer to this be Yes or No? My dilemma is - I have been working for the "employer on the current work permit", i.e. the MNC firm, for 7 years. However, I have been working "on the current work permit" for only 6 months. Basis the former interpretation, I should answer Yes, but basis the latter, I should answer No.

Please advise!

Thanks,

Subhojit

The answer is "no".

 

[Subhojit]

The answer is "no".

Thanks scylla for the prompt response.

I happened to also go through one more thread -
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

An excerpt from the above page lays this as a condition for a valid job offer (for an LMIA exempt job) -

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

I have an NOC 0 job / work permit, and can check all the three conditions mentioned above. Specifically, for the second bullet, my employer remains the same, since it is a multinational entity. And given I have been working there for 7 years, I should be able to respond 'Ýes'

Based on the above condition, I am still not sure. Please let me know if the answer still should be a No.

 

[scylla]

Thanks scylla for the prompt response.
ca
I happened to also go through one more thread -
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

An excerpt from the above page lays this as a condition for a valid job offer (for an LMIA exempt job) -

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

I have an NOC 0 job / work permit, and can check all the three conditions mentioned above. Specifically, for the second bullet, my employer remains the same, since it is a multinational entity. And given I have been working there for 7 years, I should be able to respond 'Ýes'

Based on the above condition, I am still not sure. Please let me know if the answer still should be a No.

Answer is still no.

If you are in Canada on an ICT, you must work for that employer in Canada for one full year before you can count this as a job offer and get 50 points for Express Entry. The fact you have worked for this employer outside of Canada is irrelevant. You need to work in Canada for a year before this can be classified as a job offer.

 

[Subhojit]

Thanks - this helps! Will wait till Jan 2020 to apply for the PR in that case.

 

[HunterS]

Answer is still no.

If you are in Canada on an ICT, you must work for that employer in Canada for one full year before you can count this as a job offer and get 50 points for Express Entry. The fact you have worked for this employer outside of Canada is irrelevant. You need to work in Canada for a year before this can be classified as a job offer.

Hi Scylly, I have a similar question but my situation is more complicated. I was working from 2017.9-2018.11 on a close work permit (LMIA excempted) in Canada. Then I began to study from 2019.1-2020.6 in Canada on a study permit. I began to work for the same employer as 2017 again in 2020.7 on a close work permit (also LMIA excempted). Do you think If I can answer yes for the question and if I can get the 50 score if I have an offer from the employer? Thanks a lot!

 

[scylla]

Hi Scylly, I have a similar question but my situation is more complicated. I was working from 2017.9-2018.11 on a close work permit (LMIA excempted) in Canada. Then I began to study from 2019.1-2020.6 in Canada on a study permit. I began to work for the same employer as 2017 again in 2020.7 on a close work permit (also LMIA excempted). Do you think If I can answer yes for the question and if I can get the 50 score if I have an offer from the employer? Thanks a lot!

I think you need to wait until 2021,7 before you can claim the 50 points.

 

[HunterS]

I think you need to wait until 2021,7 before you can claim the 50 points.

But the problem is my current work permit will expire in 2021.7, which means I can't get a full year working experience on this work permit. I can apply for a new one and work for the same employer, but the job title will be a little different, but the NOC is still the same. Do you think if I need to wait for another year? Thanks!