UK Citizen, already working in Canada.

[viperfx]

Hi all,

So I am in an interesting situation and I believe express entry is what I am looking for but I have a few questions. However, first I want to give some context.

• I am a recent graduate (1 year and half ago). I graduated from the UK with a BEng. My field of expertise is software development.
• I am hired by a UK company that owns a Canadian office too. Initially, I came on business visit.
• I now have an intercompany transfer and have authorisation to stay and work with them until end of 2016.
• I have a british passport
• I have been working in Canada for a total amount of a year and half now

Currently my work permit is tied to my employer and I want to have the freedom to change jobs in the future. I want to position myself in the best way to do so.

Is express entry the best way to do that?
How can I gain work eligibility without a job offer?
Is there a different method to gain work permit for UK citizens?
Do I need to take the english language test even though I have a UK passport and am fluent in english? Is there a condition that allows me to be exempt from that? Is my degree and school certificates enough?

Thanks

 

[scylla]

You need to take an English test if you want to apply to immigrate. There is no exemption granted to anyone. No - your schooling won't remove this requirement.

If you're interested in obtaining an open work permit, look into the IEC / working holiday visa program (assuming you are the right age). Note that there are far more applicants than spaces available, so this unfortunately isn't a sure thing even if you meet the criteria.

Yes - Express Entry would certainly be a way to go if you want to become a PR and be able to work for any employer without restrictions.

 

[viperfx]

Yea, actually I have applied to IEC and I am in the pool since March but I have not heard anything back. Which is unfortunate.

Thanks, I will look into the express entry further.

 

[rezafc]

Yea, actually I have applied to IEC and I am in the pool since March but I have not heard anything back. Which is unfortunate.

Thanks, I will look into the express entry further.

I'm pretty sure you are eligible for CEC stream. Since you have worked here for a year and a half and you have paid your taxes. Get your IELTs score as high as you can, and apply through EE.
Stay patient and wait a year for your CEC application to go through and you will have the freedom to work for whomever you want. Everything comes at a price.

Best of luck,

 

[nuke noodles]

Is express entry the best way to do that?
How can I gain work eligibility without a job offer?
Is there a different method to gain work permit for UK citizens?
Do I need to take the english language test even though I have a UK passport and am fluent in english? Is there a condition that allows me to be exempt from that? Is my degree and school certificates enough?

1. Yeah. express entry is the best way to do it, compared with sponsorship, humanitarian and refugee applications. If you're talking about economic stream only, in fact express entry is the only way to do it, besides AINP which does not allow express entry.

2. You can't gain work eligibility without LMIA based job offer. However you will gain CRS through qualified work experience. If you can get LMIA or PNP it will add 600 CRS and guarantees an ITA. If you're not in Alberta, why not apply for PNP certificate as soon as possible?

3. The fact that you're a UK citizen and have UK passport etc. don't seem to matter too much. You don't have any privilege at all. You still need to gain work permit through LMIA, where your employer have to prove that no Canadians can do your job. If your employer is not willing to, or unable to prove that, the only other way to extend WP is to apply to express entry and extend your WP with application file number and pass eligibility of express entry.

4. Again, you're a UK citizen and you have UK passport don't grant you any privilege to exempt you from English test requirement. Cic will assume you don't have adequate English skills until you prove it so. Your degree and school certificates are not enough either. Any non-Canadian credentials are worthless to gain CRS directly, unless assessed by the WES.

I am confident that you will get Canadian PR if you start to apply, however given that you're foreign to Canada and you were not in Canada while you were attending school, it looks like you have a good deal of prep work to do before actually getting an ITA from express entry to apply. Welcome to Canada.

 

[viperfx]

I have worked in Canada for that time, but I paid my taxes the UK because I am payed in pounds by the UK sister company. Do you think this will affect the CEC application?

I am not necessarily looking to immigrate here (atleast its something I don't want to decide now but later on), but I want the freedom to move around in my job. I am especially interested in smaller companies (startups) and they are usually discouraged by VISA situation. So I figured getting a VISA myself that is unrestricted is the best way.

Typically, how much does the whole process cost for an individual? It seems like the PNP alone is not cheap.

 

[Cabra]

I have worked in Canada for that time, but I paid my taxes the UK because I am payed in pounds by the UK sister company. Do you think this will affect the CEC application?

I am not necessarily looking to immigrate here (atleast its something I don't want to decide now but later on), but I want the freedom to move around in my job. I am especially interested in smaller companies (startups) and they are usually discouraged by VISA situation. So I figured getting a VISA myself that is unrestricted is the best way.

Typically, how much does the whole process cost for an individual? It seems like the PNP alone is not cheap.

I think they only way to get an Open Work Permit (so you are not tied to one employer) is through the benefit from spouses who are either studying full time or working. Still, you will have an expiration date on your permit which usually employers don't like either.

The only other way is to immigrate through the options already explained.

 

[jes_ON]

I have worked in Canada for that time, but I paid my taxes the UK because I am payed in pounds by the UK sister company. Do you think this will affect the CEC application?

Generally (there are exceptions), if you live and work in Canada, you are required to file an income tax return and pay taxes in Canada first, home country second (you would receive tax credit in the UK for taxes paid to Canada). Doesn't matter what currency you are paid in, or from which office. Your (Canadian) employer should have issued a T4 (statement of income) for each tax year.

Not familiar with the UK-Canada tax treaty, but unless you were advised by a Canadian tax advisor or other authority that paying to the UK is OK, then you will need to revise / re-file. If you don't make it right, then yes, it could affect your application.

 

[nuke noodles]

It is very hard to get open work permit, unless the applicant has strong intention and qualification to immigrate. Exceptions are post-graduate WP, spouse open WP, Co-op WP and refugees. Not sure LMIA based WP are closed or open.

 

[jes_ON]

It is very hard to get open work permit, unless the applicant has strong intention and qualification to immigrate. Exceptions are post-graduate WP, spouse open WP, Co-op WP and refugees. Not sure LMIA based WP are closed or open.

LMIA-based work permits are "closed," you can only work in the position and for the employer specified in the LMIA and work permit.

 

[nuke noodles]

LMIA-based work permits are "closed," you can only work in the position and for the employer specified in the LMIA and work permit.

Yeah. In this case LIMA based WP doesn't even apply to the OP's request. OP may as well get ITA to express entry and immigrate, if his/her employer can get LMIA.

 

[OhWow]

It's kind of unfair that UK citizens do not have the option to get a 5-year ancestry visa in Canada, whereas it's not problem for Canadians to get this for the UK and immigrate permanently.

 

[viperfx]

I am actually considering all this because I have a significant other here. Its not the only reason but its a big factor. Too bad there is not a girlfriend VISA

I am interviewing with companies who have told me that VISA is not a problem, however from what you say, it sounds like none of them can offer me a open work permit.

My friend has been trying to convince me that I should try to get a founder VISA with an idea I have been working on but I am not sure how realistic that is.

Thanks everyone for your input. I appreciate your candid responses.

 

[OhWow]

I am actually considering all this because I have a significant other here. Its not the only reason but its a big factor. Too bad there is not a girlfriend VISA

LOL,... actually there is a "girlfriend visa" ... it's called "common-law sponsorhsip". If you had been in a relationship with a Canadian citzen for at last 1 year and can provide enough evidence of that (photos, invoices, etc.) then you girlfriend can sponsor you and you become a PR. Your girlfriend however must take responsibility for you financially in case something happens, e.g. if you lose your job.

 

[scylla]

LOL,... actually there is a "girlfriend visa" ... it's called "common-law sponsorhsip". If you had been in a relationship with a Canadian citzen for at last 1 year and can provide enough evidence of that (photos, invoices, etc.) then you girlfriend can sponsor you and you become a PR. Your girlfriend however must take responsibility for you financially in case something happens, e.g. if you lose your job.

Being in a relationship for a year doesn't qualify you for common law. Common law requires you to have cohabitated (i.e. lived together) for a minimum of one full year continuously. You need to prove cohatibitation through proof such as joint lease agreements, joint utility bills, etc.