Job offer for Intra Company Transfer

[scylla]

Team,

I did ask my question to IRCC and below is the response I received. Can someone explain as Im quite confused..

We confirm that you may leave Canada while your application is being processed. Upon return, an officer will need to ask you questions to ensure you still meet all requirements before allowing you to re-enter Canada and avoid having your application considered as abandoned due to your absence.

If you leave Canada and want to return, please make sure that you bring all the required documents to re-enter. This can include a valid:

· Passport or other travel documents,

· Work permit, study permit or visitor record, if you need one, and

· Temporary resident visa or Electronic Travel Authorization (eTA), if you need one.

This response has nothing to do with your PR application. All they have told you what you will need to be able to re-enter Canada.

 

[arghya009]

All, have a quick question. I showed job offer in ee profile. Now if I get a pnp nomination still I have to proof the job offer with all the documents?

 

[CanVisa1]

Hi,

I am on a closed ended work permit and my job is LMIA exempt under international trade agreement. I have completed one year in Canada and ready to apply PR via CEC or FSW.

Most probably my company would issue me a new job offer and support my PR application. I was wondering, just in case my company doesn't issue me a new job offer, can i get an offer letter from another company if they are ready to employ me? If yes, do the new company have to apply for LMIA before issuing me the offer letter?

Thanks for your expert replies.

 

[NOC98]

Hi,

I am on a closed ended work permit and my job is LMIA exempt under international trade agreement. I have completed one year in Canada and ready to apply PR via CEC or FSW.

Most probably my company would issue me a new job offer and support my PR application. I was wondering, just in case my company doesn't issue me a new job offer, can i get an offer letter from another company if they are ready to employ me? If yes, do the new company have to apply for LMIA before issuing me the offer letter?

Thanks for your expert replies.

Exemption from LMIA only applies if you’re already working for the company that’ll give you the new job offer. Else, you need an LMIA. Do you need those 50 points to get invited?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

• by an employer with a new positive LMIA that approves the offer and names you and your position OR
• if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
• 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

 

[CanVisa1]

Exemption from LMIA only applies if you’re already working for the company that’ll give you the new job offer. Else, you need an LMIA. Do you need those 50 points to get invited?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

• by an employer with a new positive LMIA that approves the offer and names you and your position OR
• if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
• 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

Thanks for your reply, much appreciated.
Yes I do need those 50 points. However I have read that the company doesn’t need to do LMIA if they are issuing a job offer to the one who is already on a work permit that is LMIA exempt under international trade agreement.
Further information- Since I am from uk my work permit was LMIA exempt under international trade agreement.

 

[NOC98]

Thanks for your reply, much appreciated.
Yes I do need those 50 points. However I have read that the company doesn’t need to do LMIA if they are issuing a job offer to the one who is already on a work permit that is LMIA exempt under international trade agreement.
Further information- Since I am from uk my work permit was LMIA exempt under international trade agreement.

Read the above again. LMIA exempt only applies if you’re working for the company mentioned on your work permit and they’re extending you an offer after you get your PR. Is your employer mentioned on your wp? If so, then you don’t need an LMIA. If not, then you need an LMIA.

read also:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

its mentioned there that your wp should state a specific employer AND meets an international trade agreement. Not OR.

you can work for any company, but the job offer won’t be considered valid under express entry.

 

[CanVisa1]

Read the above again. LMIA exempt only applies if you’re working for the company mentioned on your work permit and they’re extending you an offer after you get your PR. Is your employer mentioned on your wp? If so, then you don’t need an LMIA. If not, then you need an LMIA.

read also:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

its mentioned there that your wp should state a specific employer AND meets an international trade agreement. Not OR.

you can work for any company, but the job offer won’t be considered valid under express entry.

Yes, the name of the employer is mentioned on the work permit.

 

[NOC98]

Yes, the name of the employer is mentioned on the work permit.

So it’s a closed work permit. If another company wants to hire you and you want to use that for express entry, then you need an LMIA. If the company mentioned on your work permit extends an offer, then you don’t need an LMIA.

 

[CanVisa1]

So it’s a closed work permit. If another company wants to hire you and you want to use that for express entry, then you need an LMIA. If the company mentioned on your work permit extends an offer, then you don’t need an LMIA.

Thanks a lot for your reply.

 

[RJPR2021]

Hi,

I am in Canada as ICT WP and after 1 year I created EE profile under CEC and got the invite too as I showed offer in hand.

I got the Employment letter from my company HR with below details :
- My Designation & Employee ID
- Company Name & Address
- Full Time Employee / 40 hrs per week
- Original Hire Date(back in home country)
- Start Date in Canada
- End-Date in Canada(as this date is due to my WP date).

I got the ITA but my WP is left with 6 months and my extension of WP is in progress. I asked HR to keep End-Date as open End-date but they follow what employee data portal says.

In this case what shall I do ? or what short of document I should present or do I need to provide the LoE with details on my WP extension which is in progress. Please suggest !!

Thanks.

 

[RJPR2021]

Just upload your extension documents with Job Offer letter. you should be good.

Much Thanks !

 

[RJPR2021]

job offer should have a future date for at least 1 year in advance

So, if my current WP end date is Oct 2021 in that case I need to wait for extension and once its done then only I can be eligible under CEC. Also, extension documents means extended WP/Visa or company assignment letter with extended date of next 1 year atleast(while submitting ITA response) ?

 

[RJPR2021]

About extension documents ->your company would have already created a bunch of documents especially employer offer letter. That shall have a from-to date. that offer letter should be good. (if that has a future date for alteast 1 year).


Also, extension documents means extended WP/Visa or company assignment letter with extended date of next 1 year atleast(while submitting ITA response) ? ->> If by the time you apply , you have already received extended WP then attach that. If you have yet not received extended WP, then just attach offer letter, that you would have received for your application for WP renewal/ext.
Good luck

Again much thanks, all your answers to my question really helps to understand the glitch & process. Its really helpful and I appreciate your prompt response on my questions.

 

[CanVisa1]

My work permit is expiring in Sep 2021 and I have already applied for PR in Feb 2021 which is 7 months before my WP expires. I understand that if a decision on my PR application is not taken then I will have to apply for bridging work permit.

My question is, instead of BOWP, can I apply for work permit extension whilst my PR application is in progress?

 

[Anand83]

Hi ,
My Closed WP getting expired in Dec-2021. I got ITA and in process of filling e-APR. My question is, for Canadian experience can I show the extension/offer letter which I received as part of my WP extension( in year 2019). However, I am not claiming any point, but that letter has my NOC and Roles and responsibilities mentioned.
Will this acceptable to IRCC to prove my Roles and responsibilities?

Extension/Offer letter dated: Sep-2019
WP (Closed)- Expiry- Dec-2021.

Please advise.