toby
Champion Member
- Sep 29, 2009
- 105
- Category........
- Visa Office......
- Hong Kong
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- November 2009
- Med's Done....
- October 2009 and 15 April 2011
- Interview........
- 4 April 2011
- Passport Req..
- 4 April 2011
- VISA ISSUED...
- 7 July 2011
- LANDED..........
- 15 July 2011
I would suggest your spouse negotiate a fair amount of time off from work to take a vacation in India, rather than use legal loopholes to break his contract. The employer is going to some trouble to get him a visa; why pay the employer back in such a way? To do so might come back to haunt you both, or at least those who would want follow in your footsteps -- because employers might become disenchanted with such visas and not bother in future.
Leon said:In Canada, you get at least 2 weeks vacation per year and he may be able to get more during a time that the business is slow if there is such a time in his line of work. During his vacation, he can do whatever he wants.
If he is doing skilled work and I assume he is if he is getting sponsored, then you can also apply for an open work permit based on his permit in order to join him in Canada.
As for the 2 year contract, this is a requirement from the employer to sponsor him? If that is true, then that is not an agreement with immigration, it is an agreement with the employer. If he doesn't want to stay with that employer, from the point of view of immigration, he is free to leave the employer at any time after he gets his PR. His contract with the employer is a legal matter between him and the employer. He may have to pay a fine for breaking the contract but it would not affect his PR status or citizenship. If he finds himself in a situation that he wants to leave after getting his PR, he should speak to a lawyer to find out what his obligations are. I know of cases where an employer made illegal contracts with employees in order to fine them for leaving before their contract ended. The employees found out it was illegal and so they just ignored the employers request for money. The employer could not take them to court because he knew he would lose.