Looking For Immigration Expertise

[SUBHASIS RAHA]

Hi Team,
I am in a strange situation regarding Immigration in Canada. I came to Canada from India in 2019 with a non-LMIA work permit and later got a open work permit through my wife in mid of 2020 (will be expiring in mid of 2021) which I am continuing with the same job offer (IBM) as international transferred employee from IBM India. In the current situation, I may need support from IBM again to get my self engaged though non-LMIA work permit where I am already in Canada.

Do anyone has the information, is it by process possible where IBM can again apply for non-LMIA work permit for me while I am in Canada and holding a spousal open work permit (Converting my open work permit to closed work permit).


Thanks,

 

[scylla]

Hi Team,
I am in a strange situation regarding Immigration in Canada. I came to Canada from India in 2019 with a non-LMIA work permit and later got a open work permit through my wife in mid of 2020 (will be expiring in mid of 2021) which I am continuing with the same job offer (IBM) as international transferred employee from IBM India. In the current situation, I may need support from IBM again to get my self engaged though non-LMIA work permit where I am already in Canada.

Do anyone has the information, is it by process possible where IBM can again apply for non-LMIA work permit for me while I am in Canada and holding a spousal open work permit (Converting my open work permit to closed work permit).


Thanks,

It sounds like you came to Canada on an ICT work permit. You cannot change from an open work permit in Canada to an ICT. To switch to an ICT, you would need to return to India and work for your employer in India for a year before coming back to Canada on an ICT.

If you want to switch back to a closed work permit that is LMIA exempt, then you would need to determine if you meet one of the LMIA exempt conditions:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html

 

[Islander216]

Why don't you consider applying for PR?

 

[SUBHASIS RAHA]

It sounds like you came to Canada on an ICT work permit. You cannot change from an open work permit in Canada to an ICT. To switch to an ICT, you would need to return to India and work for your employer in India for a year before coming back to Canada on an ICT.

If you want to switch back to a closed work permit that is LMIA exempt, then you would need to determine if you meet one of the LMIA exempt conditions:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/eligibility/employer-specific-labout-market-impact-assessment-exemptions.html

** Thanks for the response, would also like to know if the LMIA exempt closed work permit will help to count the 50 points in the express entry.

 

[SUBHASIS RAHA]

Why don't you consider applying for PR?

** Not yet ready with the points and the current employment offer from organization is not marked full time , permanent. So, I can not get any additional point of the employment now.

 

[scylla]

** Thanks for the response, would also like to know if the LMIA exempt closed work permit will help to count the 50 points in the express entry.

Yes, but only once you've worked for the employer for a full year in Canada and provided they are willing to give you a letter stating that they will continue to employ you for at least one year after you get PR.

 

[SUBHASIS RAHA]

Yes, but only once you've worked for the employer for a full year in Canada and provided they are willing to give you a letter stating that they will continue to employ you for at least one year after you get PR.

*** Many thanks for your quick response. I am already working for the same employer here in Canada from May-2019 (Initially as ICT and now as Spousal Open Work Permit). What you have clarified , I will again have to server next 1 year as fresh period to get the entitlement of 50 points once my company will agree for the LMIA Exempt new closed WP ? .. supporting for retaining me for another 1 year after receiving PR might still be workable.

 

[scylla]

*** Many thanks for your quick response. I am already working for the same employer here in Canada from May-2019 (Initially as ICT and now as Spousal Open Work Permit). What you have clarified , I will again have to server next 1 year as fresh period to get the entitlement of 50 points once my company will agree for the LMIA Exempt new closed WP ? .. supporting for retaining me for another 1 year after receiving PR might still be workable.

To the best of my knowledge, you will need to work for a full year on the new closed WP before you will be able to claim the 50 points.

However if your employer obtains an approved LMIA, then you can claim the 50 points right away.

 

[SUBHASIS RAHA]

Unfortunately, IBM Canada does not support LMIA. That is the main challenge. Other option to switch and get support from other organizations outside of IBM. Most interestingly, an employer who can support LMIA they suppose to give a permanent job (whatever I know). But with a Spousal Open Work Permit, I am getting a rejection from employers to provide permanent jobs and they are always looking for PR in place to provide permanent employment.