Currently working under a temporary work permit and want to become perm resident

[scottydogg22]

Hello everyone!!

I could really use some advice here!! I have been working in Ontario as a wind turbine technician for the last year or so under a temporary work permit. My company is US based, but I am working for our Canadian divison. I am expected to be needed here until May 2013. My first question is: Am I able to move my belongings (e.g. furniture, electronics, clothes, housewares, etc.) to Canada from the US without putting my temp. work permit at risk? I am looking for a furnished apartment/house, but being able to move my stuff here would be so much cheaper!! My next question is: Can I file for permanent residency while under that temporary work permit? I'd like to file for permanent residency now, because I have an unofficial job offer from the customer at the site I'm working at. Would already having a PR card make it easier to obtain that job? If I could not file for the PR now, then what steps would I have to take to get the PR and the job. I'm just starting to research this, and it seems VERY confusing!! I have plenty more questions where these came from, but I will leave it at that for now...lol. I thank you all in advance!!

 

[rjessome]

Hello everyone!!

I could really use some advice here!! I have been working in Ontario as a wind turbine technician for the last year or so under a temporary work permit. My company is US based, but I am working for our Canadian divison. I am expected to be needed here until May 2013. My first question is: Am I able to move my belongings (e.g. furniture, electronics, clothes, housewares, etc.) to Canada from the US without putting my temp. work permit at risk? I am looking for a furnished apartment/house, but being able to move my stuff here would be so much cheaper!! My next question is: Can I file for permanent residency while under that temporary work permit? I'd like to file for permanent residency now, because I have an unofficial job offer from the customer at the site I'm working at. Would already having a PR card make it easier to obtain that job? If I could not file for the PR now, then what steps would I have to take to get the PR and the job. I'm just starting to research this, and it seems VERY confusing!! I have plenty more questions where these came from, but I will leave it at that for now...lol. I thank you all in advance!!

You should probably pay for a legal consultation to discuss all of your options. Or be prepared to do a lot of research. However, the quick answer is NO, you cannot apply for permanent residence with your current status unless you have a full-time permanent job offer from a Canadian employer. There are a bunch of reasons behind that answer but it's too late and I'm too tired to type them all in. Suffice it to say that if you DO have an offer of permanent employment from a Canadian company, then you have potential to become a PR. But there are a bunch of requirements that need to be met. About moving your things, I think it might depend on the CBSA officer that you deal with at the border. I would give CBSA a call first to see how they would view that. Your current status is temporary, meaning it has an end. If a CBSA officer sees you moving all of your personal belongings to Canada, they might think your intent is to remain permanently and refuse you entry.

 

[scylla]

As rjessome said, be prepared to do quite a bit of research yourself or consider hiring representation to do this on your behalf.

You probably want to look at either the Federal Skilled Worker (FSW) program or the Provincial Nominee Program for the province you're working in. You'll need to read through the requirements to determine if you qualify.

You don't qualify for Canadian Experience Class at this time. You need two years of skilled work experience in Canada to apply for this stream.

Good luck.

 

[jes_ON]

My first question is: Am I able to move my belongings (e.g. furniture, electronics, clothes, housewares, etc.) to Canada from the US without putting my temp. work permit at risk? I am looking for a furnished apartment/house, but being able to move my stuff here would be so much cheaper!!

It's not clear to me - you've been working here for over a year, but have you already moved here, or are you commuting? If you had brought your belongings with your (or completed a Goods to Follow form) when you first entered Canada on the work permit, you would have been able to bring your personal effects, no problem. Now, I don't know what your options are - call the CBSA.

My next question is: Can I file for permanent residency while under that temporary work permit?

Yes, you can file an application for PR while on a work permit, IF YOU QUALIFY.

I'd like to file for permanent residency now, because I have an unofficial job offer from the customer at the site I'm working at.


Depending on what your occupation code is (NOC code) you might actually qualify under the Federal Skilled Workers "Eligible Occupations" stream,
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

A quick internet search suggests that other wind turbine techs have the NOC code of 7242, under the general heading of Industrial Electrician, which IS an eligible occupation -
http://www5.hrsdc.gc.ca/NOC/English/NOC/2011/SearchNocCodeResult.aspx?val17=7242&val18=0&val19=0

Check your work permit to see if it has an NOC code on it.

If THAT doesn't work -
if your prospective employer is willing, they can apply to hire you under Ontario's Provincial Nominee program. If they are approved, and you qualify, then you can apply (2-stage process, first to Ontario, then to CIC). Read here

http://www.ontarioimmigration.ca/en/pnp/index.htm

You might also be able to apply now under the Federal Skilled Workers program, Arranged Employment stream, if they are willing to put the job offer in writing, and willing to wait while your application is processed.

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

Otherwise, you'll need to complete 2 full years of full-time employment (or the equivalent) to be eligible under the CEC program. The advantage of the CEC program is that it is the simplest application and is processed relatively quickly, compared to the other programs. You just do the waiting up front.
http://www.cic.gc.ca/english/immigrate/cec/index.asp


Would already having a PR card make it easier to obtain that job?

Well, yes, because then then neither you nor your employer would have to worry about LMOs and work permits. But it's not impossible to get a work permit for this other employer, they would just have to want you bad enough to apply for the LMO and wait until you get the work permit.

A lawyer/consultant is not necessary, but it is sometimes helpful - in the case of an employer who has no experience with foreign workers, for example. As for PR, you end up doing 99% of it anyway, and have no recourse if your lawyer/consultant screws up, so you have to become an expert anyway - may as well save your money.

 

[rjessome]

While the information the Jes gives is good, it's not completely thorough.

If you have a job offer from an employer for whom you do not have your current work permit, the job offer AND employer must meet several criteria and the offer of employment must be approved by HRSDC under "arranged employment". Also, you must still meet the points requirements for the federal skilled worker program and not be criminally or medically inadmissible. This arranged employment opinion will NOT allow you to continue working in Canada until you have received PR. For that, the employer would need to obtain a positive Labour Market Opinion (LMO) providing proof of their attempts to recruit Canadian workers to fill the position and their inability to do so due to lack of interest, applicants not meeting the minimum experience and educational requirements of the job, or applicants refused the job offer. Also, the salary must meet the requirements of Service Canada as being fair market wage.

If sponsored through Ontario PNP, there are minimum experience and educational requirements to be met as well as the employer haver to meet certain criteria. There is also a pricey application fee. However, if approved, you will be able to extend your permit to remain working in Canada while your PR application is in process and as long as you remain working with the same employer.

This is just a start at describing some of the options you have available. There are many more finer points that would require more details. That's why I recommended getting legal advice.

It's not fair to paint all lawyers and consultants with one brush. No client of mine has EVER had to do 99% of the work related to any application. Rather, it is a team effort, part of which comes from asking the right questions to determine eligibility AND admissibility, and then working out a strategic plan to choose the most beneficial program to the applicant, if any are available. It also involves educating the client on their obligations and consequences of choices. I just had to do an application of a very bright, well educated individual who didn't understand some of the timelines imposed for applicants in their category. They had to re-apply in another category and it had to be done on an urgent basis because they had applied in the wrong category and was in danger of losing their status. A lot goes into properly assessing an applicant. Certainly many can and DO prepare a completely solid application but it requires time and a great deal of research and understanding to know what one is best for the applicant when they have so many variables like the original poster.

 

[jes_ON]

LOL, rjessome, if more people knew that you're a consultant/lawyer, you'd be inundated ...

Just to be clear - I'm not painting all consultants/lawyers black or white - the main issue we have as clients is that we really have no flippin' way of knowing whether or not a lawyer/consultant is going to "work" (be effective) for us (recognizing it's a two way street, the relationship has to be effective for the client to do their part well, too). And I'm pretty sure you'd rather work with an informed client than an oblivious one.

Some people will be immediately discouraged by the thought of the extra expense of one - there's no way I could have afforded it, so my point is that it should not be a barrier.

I suppose what the "work" is will be different for everyone, but for me, it was dredging up the details of a life since I was 18 - more than 25 years and nearly as many addresses - something I'm pretty sure no one could have done but me. Police clearances were the other major headache. I'm just really glad I didn't have to do the IELTS or the Travel History form!

 

[rjessome]

LOL, rjessome, if more people knew that you're a consultant/lawyer, you'd be inundated ...

Just to be clear - I'm not painting all consultants/lawyers black or white - the main issue we have as clients is that we really have no flippin' way of knowing whether or not a lawyer/consultant is going to "work" (be effective) for us (recognizing it's a two way street, the relationship has to be effective for the client to do their part well, too). And I'm pretty sure you'd rather work with an informed client than an oblivious one.

Some people will be immediately discouraged by the thought of the extra expense of one - there's no way I could have afforded it, so my point is that it should not be a barrier.

I suppose what the "work" is will be different for everyone, but for me, it was dredging up the details of a life since I was 18 - more than 25 years and nearly as many addresses - something I'm pretty sure no one could have done but me. Police clearances were the other major headache. I'm just really glad I didn't have to do the IELTS or the Travel History form!

Yeah, there are some out there that really suck. And you've nailed it when it comes to the informed client vs. the oblivious one. But I consider it part of my job to educate the client about exactly what they are doing and why. They might come in the door oblivious but I try my best to ensure that they are much more knowledgable when they leave.

And you are also right about the work history and address history. Those two sections on the Schedule A cause the most amount of work for applicants. You would be suprised (or maybe not) how often an applicant will give me this information and then I see that it doesn't match up. For example, they will give an address in the USA for a time period yet their work history indicates they were in China. This is a lot of work and no one can do it for you except you. That, I will definitely agree.

You should also be glad that you didn't have to provide original work experience letters like they do in FSW. Another difficult chore especially when a company has gone out of business.

You are right, it shouldn't be a barrier. My point was that there are often many extenuating circumstances and goals an applicant has to consider and they should know exactly what they are getting into before starting. Getting legal advice, if you can get someone to explain it in plain language, can help determine what the best next step is as well as laying out plan B and C if plan A doesn't work.

They are now talking about language tests for ALL applicants (other than family class) as well as credential recognition. Ugh. Should be loads of fun (insert sarcasm).