length of proposed stay? even when wanting to work towards a PR?

[Ranmaz]

I have a question about applying for a work permit. I notice that one of the reasons for an officer to reject an application is because there was no indication of leaving Canada for the length of proposed time of stay in Canada. Even when the applicant is trying to obtain a PR. How does one resolve this conflict of interest?

Would it not be more difficult to re-enter to continue working towards a PR, if one stated that they do intend on leaving Canada after the duration of the work permit effectiveness.

Thanks in advance.

 

[Pippin]

Do a search for DUAL INTENT. I think that will answer your question.

 

[Ranmaz]

Thanks Pippin.

I looked at some of the example scenarios too.

Though it's not clear to me if it's possible to apply for a PR even though the immigrant is not qualified yet.

The application of the PR will fail, and this will be enough for record purposes for the officer to approve the work permit application?

 

[Pippin]

This is a tricky concept to wrap your head around. First things first. I assume you are thinking about PNP or Canadian Experience, where you have to work anywhere from 6 - 24 months to qualify, depending on which NOC/Province you are in. So you have NOT applied for PR yet. You cannot put the cart before the horse. You have to get the job/work permit/put in your time. Who knows what will happen in that period. You may choose NOT to stay in Canada premanently and never complete the PR application. So, for the Work Permit, which you DO want to get now, that is your sole focus. You have to establish that you have SOLID TIES to your home country to which you plan to return before the expiry of your work permit. End of! (You can honestly answer that you fully intend to return to your country before the expiry date because you will! You may extend the work permit and with your employers cooperation apply for PR when you have worked the required number of months, but your work permit will not have expired, and you will have your PR before it does. If you do not get PR, then you WILL have to leave the country.) Hope this helps???
Here's another good site to read about Dual Intent http://www.bellissimolawgroup.com/application-of-dual-intent

 

[Ranmaz]

Thanks again Pippin.

The link you have provided for me is the exact site I was on when I was looking at the different type of scenarios.

"3. A provincial nominee applicant applies for a temporary work permit. The officer is satisfied that the applicant will leave Canada by the end of the period authorized for the work permit should the applicant be refused a permanent resident visa. The officer issues a TRV visa. While the applicant is working legally in Canada, their provincial nominee file is finalized by the visa post and the individual becomes a permanent resident."

The last scenario example talks about applying under the PNP, but it does not state if the person is qualified or not. And it sounds like that individual has applied for the PNP at the same time as the work permit. It also states that the officer does not look at "SOLID TIES" as you have indicated. It states that the officer issues a TRV because s/he thinks that the person will leave if refused the PR visa.

This is different from what you have stated:

"You can honestly answer that you fully intend to return to your country before the expiry date because you will! You may extend the work permit and with your employers cooperation apply for PR when you have worked the required number of months, but your work permit will not have expired, and you will have your PR before it does. If you do not get PR, then you WILL have to leave the country."



Assuming that an officer looks at "SOLID TIES" what more information can you give? because along with the work permit application form, there's a Family Information form that needs to be filled out anyways.

 

[Pippin]

In order to apply for the PNP at the same time as the work permit, the employment would have to be in the Skill Level O, A or B category. There is no requirement to work for a number of months before applying. The months of service are necessary in Skill Levels C and D.