Intra Company Transfer - Open work permit queries

[opt4]

Hi Folks,

Thanks to each one of you, for your contribution to this open society.
I have a few questions on ICT and open work permit. Please help.

I have an ICT , as an ICT holder dependent, my wife is also having the open work permit. But the reason for covid my position in Canada is a dilemma. Since we both are working in IT, LMIA for her job is not mandatory. With this background.

1. Is my wife eligible to work in Canada with out my landing?
2. The validity of her work permit is 2023 September, Will it expire if I change my current organization?
3. If she gets the work, is it allowed to invite me as her depended?
4. If I change my present company will her open work permit validity also expire?

Thanks in advance.

 

[canuck78]

Hi Folks,

Thanks to each one of you, for your contribution to this open society.
I have a few questions on ICT and open work permit. Please help.

I have an ICT , as an ICT holder dependent, my wife is also having the open work permit. But the reason for covid my position in Canada is a dilemma. Since we both are working in IT, LMIA for her job is not mandatory. With this background.

1. Is my wife eligible to work in Canada with out my landing?
2. The validity of her work permit is 2023 September, Will it expire if I change my current organization?
3. If she gets the work, is it allowed to invite me as her depended?
4. If I change my present company will her open work permit validity also expire?

Thanks in advance.

IT jobs usually can still require LMIAs. Some jobs may qualify for GSS.

1. No. You should be landing and have a still valid job before she lands with her OWP.
2. Yes if you never get transferred to Canada. If you get a new job and apply for a new WP she'll need to apply for a new OWP.
3. If she gets her own ICT or closed WP and works in NOC 0, A or B you can apply for an OWP.
4. If you change employers before going to Canada both you and her must start from scratch. If you get laid off after working in Canada your wife will be able to continue working. Depending on what type of work you do it may or may not be hard to find an employer willing to apply to sponsor your employment. If you weren't in IT there would be very few employers willing to hire anyone who can't work in Canada already.

Would warn you that it would be a very bad idea to suddenly get laid off right after relocating. You should not transfer if you know you will be laid off immediately. That would be using your /ICT in bad faith. CBSA and IRCC are verifying that jobs are still valid because they know that there have been a lot of lay offs or job offers being withdrawn due to covid.

 

[opt4]

IT jobs usually can still require LMIAs. Some jobs may qualify for GSS.

1. No. You should be landing and have a still valid job before she lands with her OWP.
2. Yes if you never get transferred to Canada. If you get a new job and apply for a new WP she'll need to apply for a new OWP.
3. If she gets her own ICT or closed WP and works in NOC 0, A or B you can apply for an OWP.
4. If you change employers before going to Canada both you and her must start from scratch. If you get laid off after working in Canada your wife will be able to continue working. Depending on what type of work you do it may or may not be hard to find an employer willing to apply to sponsor your employment. If you weren't in IT there would be very few employers willing to hire anyone who can't work in Canada already.

Would warn you that it would be a very bad idea to suddenly get laid off right after relocating. You should not transfer if you know you will be laid off immediately. That would be using your /ICT in bad faith. CBSA and IRCC are verifying that jobs are still valid because they know that there have been a lot of lay offs or job offers being withdrawn due to covid.

canuck78 Thanks for your reply. I apriciate your time.

Do you have an idea where shall I get all these information in federal law page? I'm searching one for long, but can find the legit link.