Can I apply for ICT work permit after submitting my application for PR?

[phs928]

Hi,

I submitted my application for PR through Ontario PNP 2 weeks ago.
I'm currently living in Toronto as a visitor with eTA - I would like to know if it is possible to apply for an ICT work permit as well, after submitting the application for PR.

Any response would be appreciated, thanks in advance!

 

[scylla]

Hi,

I submitted my application for PR through Ontario PNP 2 weeks ago.
I'm currently living in Toronto as a visitor with eTA - I would like to know if it is possible to apply for an ICT work permit as well, after submitting the application for PR.

Any response would be appreciated, thanks in advance!

Your situation is a bit confusing.

How long have you been in Canada as a visitor?

To qualify for an ITA, you need to be currently employed by your company (this would be working outside of Canada) and your company is the one that would apply for the ITA, generally under the specialized knowledge criteria.

Can you provide more information about your situation? Have you worked for your employer for at least one year outside of Canada? Are you just in Canada for a short visit (e.g. few week vacation) or have you been here for a while?

 

[phs928]

Your situation is a bit confusing.

How long have you been in Canada as a visitor?

To qualify for an ITA, you need to be currently employed by your company (this would be working outside of Canada) and your company is the one that would apply for the ITA, generally under the specialized knowledge criteria.

Can you provide more information about your situation? Have you worked for your employer for at least one year outside of Canada? Are you just in Canada for a short visit (e.g. few week vacation) or have you been here for a while?

Hi,

Thanks for your reply.

Sorry about the confusion! I should have explained it in more detail.

I worked for 2 companies in the UK from 2018-2020 and used them to claim points,
and took the TEF Canada to gain additional 50 points so that's how I got my NOI from OINP through the French-speaking FSW stream.

That's why I received an ITA and then could apply for a PR 2 weeks ago.
Then I have also been working for another company which I didn't claim points, where I'm trying to get an ICT work permit from.

I am here since one month ago as a visitor with eTA - my plan was to stay here waiting for PR, and was wondering if I could still apply for an ICT Work permit.

Hope this makes sense.

 

[scylla]

Hi,

Thanks for your reply.

Sorry about the confusion! I should have explained it in more detail.

I worked for 2 companies in the UK from 2018-2020 and used them to claim points,
and took the TEF Canada to gain additional 50 points so that's how I got my NOI from OINP through the French-speaking FSW stream.

That's why I received an ITA and then could apply for a PR 2 weeks ago.
Then I have also been working for another company which I didn't claim points, where I'm trying to get an ICT work permit from.

I am here since one month ago as a visitor with eTA - my plan was to stay here waiting for PR, and was wondering if I could still apply for an ICT Work permit.

Hope this makes sense.

I don't see how applying for the ICT is feasible given the info you've provided.

Presumably you are not working for that company now while you are in Canada.

One of the requirements is that you be currently working for that company and you have to be actively working for them when the company applies for the ICT and while it's being processed. I don't see how this is feasible if you are in Canada and not working.

 

[phs928]

I don't see how applying for the ICT is feasible given the info you've provided.

Presumably you are not working for that company now while you are in Canada.

One of the requirements is that you be currently working for that company and you have to be actively working for them when the company applies for the ICT and while it's being processed. I don't see how this is feasible if you are in Canada and not working.

Hi Thanks for your reply.

I'm working remotely for a non-Canadian company and getting renumerated from outside Canada, and as far as I know, this isn't illegal?

 

[scylla]

Hi Thanks for your reply.

I'm working remotely for a non-Canadian company and getting renumerated from outside Canada, and as far as I know, this isn't illegal?

It's fine as long as they don't have any Canadian customers / don't do business in Canada. But if that's the case, then I'm confused about how you qualify for the ICT. Normally ICTs are for situations where a non-Canadian company with operations in Canada is transferring someone to their operations / subsidiary in Canada.

 

[phs928]

It's fine as long as they don't have any Canadian customers / don't do business in Canada. But if that's the case, then I'm confused about how you qualify for the ICT. Normally ICTs are for situations where a non-Canadian company with operations in Canada is transferring someone to their operations / subsidiary in Canada.

I see, we haven't actually set up a subsidiary in Canada so trying to do it whilst applying for an ICT work permit myself, does it then mean that I should leave the country?

 

[scylla]

I see, we haven't actually set up a subsidiary in Canada so trying to do it whilst applying for an ICT work permit myself, does it then mean that I should leave the country?

I think you should be doing that from outside of Canada (i.e. be outside of Canada when the application is submitted and remain outside of Canada while the ICT is being processed). IMO it's risky otherwise. Might look like you're starting the work in Canada already on the eTA which would be working illegally / violation of your stay.

If you don't want to leave, don't apply for the ICT.

If the ICT is the priority, leave Canada before the ICT application is submitted and stay out until it is approved.

 

[phs928]

I see, thank you so much for your reply! I have a clearer and better understanding now.

Can I also ask u another question - is it also available to remain in this country while waiting for my PR to be processed?

To my knowledge, it is available as long as I stay as a valid temporary resident, so stay as a visitor for up to 6 months or even possibly extend my stay if I apply for a visitor record.

 

[scylla]

I see, thank you so much for your reply! I have a clearer and better understanding now.

Can I also ask u another question - is it also available to remain in this country while waiting for my PR to be processed?

To my knowledge, it is available as long as I stay as a valid temporary resident, so stay as a visitor for up to 6 months or even possibly extend my stay if I apply for a visitor record.

Yes, you can do that.