URGENT:: Closed work permit but living in different state

[Natasha2912]

Hi Guys
I have a closed work permit (for vancouver). The work permit says "not authorized to work in any location other than stated".
However, I have been living in Toronto and working from home. I have received the ITA but I am confused if not residing in Vancouver will impact the application file?
Is it safe to mention my Toronto address in the application profile? Has anyone been in this situation?
Please let me know!!

 

[Lord_Tony]

Hi Guys
I have a closed work permit (for vancouver). The work permit says "not authorized to work in any location other than stated".
However, I have been living in Toronto and working from home. I have received the ITA but I am confused if not residing in Vancouver will impact the application file?
Is it safe to mention my Toronto address in the application profile? Has anyone been in this situation?
Please let me know!!

Before your move did you check with your employer's immigration team? My company's attorneys never allow closed WP holders to do remote work from a different city, it is a bigger no-no if provinces are different. They make the individual apply for a change in WP adding the right location, sometimes when folks usually work remotely and travel to the office, etc.. occasionally are given 2 closed WPs to comply with local laws.

We have had a handful of cases in my team where the individuals relocated to Alberta and worked remotely often as their AINP was supposedly easier to get, the same individuals couldn't get OINP for some reason. The company helped them get the right WPs

What location do you have in your Paystubs and T4 - Vancouver or Toronto? Same with your driver's license, and CRA tax filing, I am surprised Ontario even gave you a health card they made me run around for my son's OHIP during his visitor permit renewal.

1) If your documents have Toronto as your address you strictly cannot apply to your ITA with Vancouver as your address. IRCC will identify something is off and might even reject your application.

2) If you plan to apply for Toronto, it alarms me if you have claimed 50 additional points for your employer offer based on closed WP/LMIA, etc...
- If you have claimed 50 points, I fear it is a bigger issue of non-compliance. Your employer's offer letter also will have a different city. I suggest you speak immediately with your employer's attorneys and get the needed new WP for Toronto.
- If you have not claimed 50 points there might be ways to resolve your situation, please quickly take advice from a legal person or an RCIC on what justification you can give to IRCC for having a different address in your WP, will applying for an open WP be an option to avoid questions etc...

 

[Lord_Tony]

This issue has been discussed a few times in this forum before https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-remotely-from-different-province-with-work-permit.824750/

Below is the response from a company's immigration lawyer.

"After checking your work permit, I am afraid to inform you (and confirm what I initially outlined to you on the message of (xx date) that, based on the LMIA previously submitted and on the information on the work permit issued, you can only work in Surrey, BC. Therefore, I do not advise you to live outside Surrey, BC.

If you move, all your personal information in Canada will be associated with a different address (home address, driver’s licence, utilities, bank account, etc.), which would be problematic for you in subsequent applications, such as an application for permanent residence. You may even face difficulties to obtain health insurance in a province other than BC because Company has no physical location outside BC.

Company might be ok with you working remotely, but we applied for an LMIA for you to work in BC, and report at Company’s address in Surrey. If your presence is not required in Surrey, BC, then we might have a problem with the work permit issued to you, as the information based on which it was issued could be perceived as containing misrepresentations. In other words, it could impact Company’s credibility before ESDC in the sense of “why Company would go through a somewhat difficult process to get you in Canada, indicating that you will report in Surrey, and allow you to work remotely? The company could have continued to employ you remotely.”

Please note that this is my legal advice and the legal advice of most immigration lawyers I know. You may find a very few other immigration lawyers (and even consultants) who might have a different opinion. I stand by my legal advice and do not assess other ways to go around the results of an LMIA and conditions on a work permit."

 

[canuck78]

Hi Guys
I have a closed work permit (for vancouver). The work permit says "not authorized to work in any location other than stated".
However, I have been living in Toronto and working from home. I have received the ITA but I am confused if not residing in Vancouver will impact the application file?
Is it safe to mention my Toronto address in the application profile? Has anyone been in this situation?
Please let me know!!

As others have pointed out awarding a closed work permit for someone who is working remotely defeats the purpose of awarding the WP. If you can work multiple times zones away you could also work from your home country.

 

[Naturgrl]

OP posted multiple threads and T4 states Ontario, which is not the province where authorized to work.

 

[Natasha2912]

This issue has been discussed a few times in this forum before https://www.canadavisa.com/canada-immigration-discussion-board/threads/working-remotely-from-different-province-with-work-permit.824750/

Below is the response from a company's immigration lawyer.

"After checking your work permit, I am afraid to inform you (and confirm what I initially outlined to you on the message of (xx date) that, based on the LMIA previously submitted and on the information on the work permit issued, you can only work in Surrey, BC. Therefore, I do not advise you to live outside Surrey, BC.

If you move, all your personal information in Canada will be associated with a different address (home address, driver’s licence, utilities, bank account, etc.), which would be problematic for you in subsequent applications, such as an application for permanent residence. You may even face difficulties to obtain health insurance in a province other than BC because Company has no physical location outside BC.

Company might be ok with you working remotely, but we applied for an LMIA for you to work in BC, and report at Company’s address in Surrey. If your presence is not required in Surrey, BC, then we might have a problem with the work permit issued to you, as the information based on which it was issued could be perceived as containing misrepresentations. In other words, it could impact Company’s credibility before ESDC in the sense of “why Company would go through a somewhat difficult process to get you in Canada, indicating that you will report in Surrey, and allow you to work remotely? The company could have continued to employ you remotely.”

Please note that this is my legal advice and the legal advice of most immigration lawyers I know. You may find a very few other immigration lawyers (and even consultants) who might have a different opinion. I stand by my legal advice and do not assess other ways to go around the results of an LMIA and conditions on a work permit."

 

[Natasha2912]

Thank you so much for taking time and responding. I will keep all this in mind now.