Effect of PR on ICT role

[einstein_pr]

Hi,

My friend is here in Canada on ICT (Intra company transfer) which is LMO exempt. He applied for PR under CEC (Aug 2014 applicant). Once he obtains PR, can he continue to work in the same role which is an ICT? More specifically, currently his payroll is still paid in his home country and he gets allowances in Canada which is typical of ICT. What will be the effect of acquiring PR status on this ICT role..since he will no longer be a foreign worker once he obtains PR? Any thoughts?

Has anyone come across this situation? How does it work from a legal standpoint? Experts please comment. Thanks for your help.

 

[einstein_pr]

Anyone?

 

[jes_ON]

that all depends on his company and home country rules, not Canada's.

Obviously as a PR he won't have the temporary worker status anymore.

 

[maxloner]

Hi,

My friend is here in Canada on ICT (Intra company transfer) which is LMO exempt. He applied for PR under CEC (Aug 2014 applicant). Once he obtains PR, can he continue to work in the same role which is an ICT? More specifically, currently his payroll is still paid in his home country and he gets allowances in Canada which is typical of ICT. What will be the effect of acquiring PR status on this ICT role..since he will no longer be a foreign worker once he obtains PR? Any thoughts?

Has anyone come across this situation? How does it work from a legal standpoint? Experts please comment. Thanks for your help.

The highlighted is not correct. He would still continue to be a Foreign worker but not temporary.

What I am talking about next is just my observation and needs to be validated by other who are equipped with the knowledge.

In my company, guys who are PR and were ICT Temp foreign workers earlier, they are being employed directly by the Canadian Branch or are terminated. So I guess ICT ceases to exist once you are a PR. But am not sure on this. Just explained what's happening at my company.

 

[gates1580]

Hi,

My friend is here in Canada on ICT (Intra company transfer) which is LMO exempt. He applied for PR under CEC (Aug 2014 applicant). Once he obtains PR, can he continue to work in the same role which is an ICT? More specifically, currently his payroll is still paid in his home country and he gets allowances in Canada which is typical of ICT. What will be the effect of acquiring PR status on this ICT role..since he will no longer be a foreign worker once he obtains PR? Any thoughts?

Has anyone come across this situation? How does it work from a legal standpoint? Experts please comment. Thanks for your help.

When one goes from Temporary foreign worker status to a landed immigrant status, it doesn't have effect on how he is employed by his current employer. Assuming your friend is still holding the same passport, he can be on his native country's payroll (because he is a citizen there) while working in Canada as a permanent resident. He will be paying & must pay taxes in two different countries.
Think of it this way - if your friend was living & working in his native country but already held Canadian permanent residency & his company sent him to Canada to do a project with the same pay conditions as his current pay conditions.. what would change? AFAIK, nothing changes except his company has less hassle dealing with obtaining a visa for him. He would have been here on a immigrant visa instead of as temporary foreign worker visa.

 

[einstein_pr]

When one goes from Temporary foreign worker status to a landed immigrant status, it doesn't have effect on how he is employed by his current employer. Assuming your friend is still holding the same passport, he can be on his native country's payroll (because he is a citizen there) while working in Canada as a permanent resident. He will be paying & must pay taxes in two different countries.
Think of it this way - if your friend was living & working in his native country but already held Canadian permanent residency & his company sent him to Canada to do a project with the same pay conditions as his current pay conditions.. what would change? AFAIK, nothing changes except his company has less hassle dealing with obtaining a visa for him. He would have been here on a immigrant visa instead of as temporary foreign worker visa.

Thanks. This sounds logical to me.

Here is the dilemma. My focus was more on the ICT role. Technically, is he/she considered a 'foreign worker' in Canada even though he/she holds a canadian PR? Per my understanding, ICT is an option to bring skilled labor with some sort of specialized knowledge that doesn't exist in the market, into Canada coz they cannot hire a candidate from the market (Canadian PR or citizen) with same skill. Therefore, its LMO exempt coz you are not taking away the job from a qualified Canadian or PR. Using a canadian PR to fill an ICT position beats the very purpose of ICT? Dont you think? Am i making sense?