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Temp Work Permit - Company Bought Out

cheesycheese

Star Member
Jan 28, 2015
85
13
Job Offer........
Pre-Assessed..
Hi,

I'm one of the ones who has been affected by the CEC 2014 PR cap and now the Express Entry PR ranking points problem due to not having an LMO/LMIA with my current work permit. I have less than 3 months left of my TWP and am desperately trying to get a new temp visa now that the timelines of getting PR has been altered so drastically.

The European company that sponsored me to transfer from the UK to Canada sold the Canadian subsidiary that I now work for last year and it never even crossed my mind until the last week or so that that meant if I ever needed to extend my TWP (like now!), I wouldn't be able to. So I now need to get the new parent company to apply for a new visa with LMIA which creates a whole new set of problems...but that's another story.

My question is when I spoke to an Immigration Lawyer today, he said that as part of the due dilligence of the takeover, the new parent company should have informed me that this would now be problematic to my current visa. Does that mean I've been working here illegally? And was there a legal obligation for them to either sort out a new visa for me or at the very least to tell me that my visa status had changed and could not be renewed?

I should probably talk to an Employment Lawyer about it tomorrow but wondered if anybody had any experience or knowledge of this?
 

Cepheus74

Star Member
Feb 23, 2012
96
1
Canada
Category........
Visa Office......
Sydney
NOC Code......
6221
Job Offer........
Pre-Assessed..
App. Filed.......
12-05-2014
AOR Received.
23-06-2014
LANDED..........
In Canada
cheesycheese said:
Hi,

I'm one of the ones who has been affected by the CEC 2014 PR cap and now the Express Entry PR ranking points problem due to not having an LMO/LMIA with my current work permit. I have less than 3 months left of my TWP and am desperately trying to get a new temp visa now that the timelines of getting PR has been altered so drastically.

The European company that sponsored me to transfer from the UK to Canada sold the Canadian subsidiary that I now work for last year and it never even crossed my mind until the last week or so that that meant if I ever needed to extend my TWP (like now!), I wouldn't be able to. So I now need to get the new parent company to apply for a new visa with LMIA which creates a whole new set of problems...but that's another story.

My question is when I spoke to an Immigration Lawyer today, he said that as part of the due dilligence of the takeover, the new parent company should have informed me that this would now be problematic to my current visa. Does that mean I've been working here illegally? And was there a legal obligation for them to either sort out a new visa for me or at the very least to tell me that my visa status had changed and could not be renewed?

I should probably talk to an Employment Lawyer about it tomorrow but wondered if anybody had any experience or knowledge of this?
You will need to get your current visa updated. If the job has remained the same, all needs to happen is to get the employer name changed on your TWP. I know this as the company I worked for was sold and I had to drive down to Fort Erie and get it changed. I was lucky as the company I for worked used their lawyers and arranged everything for me.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


Cepheus74 said:
You will need to get your current visa updated. If the job has remained the same, all needs to happen is to get the employer name changed on your TWP. I know this as the company I worked for was sold and I had to drive down to Fort Erie and get it changed. I was lucky as the company I for worked used their lawyers and arranged everything for me.
1. Please read the OP's post again. He was here on an Intracompany Transfer. This is where he was an employer of the company overseas, and they transferred him to a Canadian operation. Since the Canadian operation has been sold, the only way he can continue to work for them, is if the new company obtains a LMIA and then he would have to apply for a new work permit.