Work permit and PR

[FrenchFamily]

Hi,

A specific question.
I'm in France and waiting my CoPR (EE FSW-O) since more than a year now... Everything is passed, and in January the agent in charge of our case asked for a reassessment of our MED (validity feb 2021). Since then, nothing...
And we all know that nobody knows when it's going to be unlock. And even when we will be extended, we don't know we're gonna receive our CoPR...

But, an employer offer me a job. I didn't search, he saw my profil on Lkdn...

Can I apply for a work permit for a specific employer while we are waiting our CoPR?
If yes, will I be authorize to land in Canada with my family and can my wife apply for a open work permit?

Thanks in advance for your answers.

 

[Naturgrl]

You can try. Does the employer have a LMIA? If not your employer needs to begin the LMIA process. If have LMIA, you apply with the LMIA for the closed work permit. You apply for OWP for spouse. This may take as long as COPR.

 

[FrenchFamily]

You can try. Does the employer have a LMIA? If not your employer needs to begin the LMIA process. If have LMIA, you apply with the LMIA for the closed work permit. You apply for OWP for spouse. This may take as long as COPR.

So it's possible!

The pb is that nobody knows how long CoPR will take...
So why not...

 

[Naturgrl]

So it's possible!

The pb is that nobody knows how long CoPR will take...
So why not...

Does your employer have a LMIA and knows you don’t have work authorization? The employer has to prove that no Canadian could be hired to do the job. The processing will take months and cost the employer money and time to fill out all the paperwork including a market assessment. Then if approved, you apply for a closed work permit...again time and money. Maybe a year before you could go to Canada.

 

[scylla]

So it's possible!

The pb is that nobody knows how long CoPR will take...
So why not...

You can certainly pursue the work permit.

As said above, your employer will need to start by obtaining an approved LMIA (unless the job is LMIA exempt). The LMIA process is quite involved (typically takes around 6 months to complete right now) and requires your employer to start by advertising the job for at least a month following the advertising rules specified by the LMIA process to prove no Canadian could be found for the role. The employer must then submit the LMIA application and wait for a decision.

If the LMIA is approved, you would then submit a separate application for a closed work permit tied to that specific employer. This will likely take another few months to process. Once that's approved, you would then be able to come to Canada.

First step would be determining if (a) job is LMIA exempt - or if not (b) if your employer is willing to go through the LMIA process. Most employers are not.

Hope that helps.

 

[scylla]

So it's possible!

The pb is that nobody knows how long CoPR will take...
So why not...

Just to add - tell us a bit about the job and employer. Might be easy to tell if the job will be LMIA exempt or not.

 

[FrenchFamily]

Hi @legalfalcon

So, here is the specific question:
I'm exempted from LMIA
I asked to my representative some informations and he told that he was waiting from us to land in canada in order to offer my wife a job.
She is CNP 4211 and the person he is looking for correspond to her profil.
So he can offer a job and apply for a closed work permit for her and a open for me.

The thing is, he is asking to himself if this can't be be considered to a conflict of interest : he is the representative for the person he wants to hire, but at the same time the person for the specific job he is looking for correspond 100% to my wife's profil...
On his side, he is asking to an immigration lawyer.

What's your opinion?

 

[legalfalcon]

Hi @legalfalcon

So, here is the specific question:
I'm exempted from LMIA
I asked to my representative some informations and he told that he was waiting from us to land in canada in order to offer my wife a job.
She is CNP 4211 and the person he is looking for correspond to her profil.
So he can offer a job and apply for a closed work permit for her and a open for me.

The thing is, he is asking to himself if this can't be be considered to a conflict of interest : he is the representative for the person he wants to hire, but at the same time the person for the specific job he is looking for correspond 100% to my wife's profil...
On his side, he is asking to an immigration lawyer.

What's your opinion?

I didn't get your questions. Could you please elaborate.

 

[FrenchFamily]

I didn't get your questions. Could you please elaborate.

Hi @legalfalcon

More than a year now, I paid for the service of a immigration representative in order to apply for FSW-O RP via EE.
My AOR is 28 feb 2020
Everything is validate since January 2021 but the case is pending FINDEC and extension for MED...Since january nothing... And we don't know when something going to move!

Somebody offer me a job via Lkdn, but i decline the offer cause I don't know when I'm gonna have my PR and will be autorise to land...
That's why I asked if it's possible to apply for a closed work permit while we are waiting the PR, cause we need (for personal reason) to be in canada before september...

I asked the same question to my representative and he told me that there is no problem : we can totally apply for temporary work permit while waiting the PR.
The fact is that he wanted to offer a job to my wife when we will land in canada. His needs for the job he offer match perfectly with the professional back ground of my wife.
As we are french, we are exempted LMIA, so he can apply for a close work permit for her, and a open one for me.

The question is : do you think this can be considered as a conflict of interest by IRCC because he is at the same time our representative and the person who's offering a job for the closed permit ?

 

[legalfalcon]

Hi @legalfalcon

More than a year now, I paid for the service of a immigration representative in order to apply for FSW-O RP via EE.
My AOR is 28 feb 2020
Everything is validate since January 2021 but the case is pending FINDEC and extension for MED...Since january nothing... And we don't know when something going to move!

Somebody offer me a job via Lkdn, but i decline the offer cause I don't know when I'm gonna have my PR and will be autorise to land...
That's why I asked if it's possible to apply for a closed work permit while we are waiting the PR, cause we need (for personal reason) to be in canada before september...

I asked the same question to my representative and he told me that there is no problem : we can totally apply for temporary work permit while waiting the PR.
The fact is that he wanted to offer a job to my wife when we will land in canada. His needs for the job he offer match perfectly with the professional back ground of my wife.
As we are french, we are exempted LMIA, so he can apply for a close work permit for her, and a open one for me.

The question is : do you think this can be considered as a conflict of interest by IRCC because he is at the same time our representative and the person who's offering a job for the closed permit ?

YEs, you can apply for any temporary visa including work permit even if you PR application is pending. The WP application will be processed on its own merits.
As per subsection 22(2) of the Immigration and Refugee Protection Act dual intent is allowed

Dual intent

(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html


CONFLICT OF INTEREST

IRCC does not deal with conflict of interest. Each licensed professional has to do a conflict check, and make sure that they do not do anything which may create a conflict, and may lead to an administrative action against their license.

For ICCRC licensees Article 9 of their Code describes conflict as:



Fo lawyer, each Province has its own code, but generally it is:

“conflict of interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client, a former client, or a third person. The risk must be more than a mere possibility; there must be a genuine, serious risk to the duty of loyalty or to client representation arising from the retainer;

 

[Jas174]

Here’s my situation!
cec inland..
I have a dual intent lmia and I’m on open work permit! I am gonna apply my Permanent residency this month, should I leave my dual intent lmia job as I have 1 year of required experience ?
I do another job that’s why. Will it have any affect on my application?