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working in usa with L1B visa can i apply canada PR

canadaimmi85

Newbie
Dec 14, 2009
1
0
Hey all,

Wishing everyone a happy christmas ! and all success this year .

To Start with ,

I am a software professional with 3.6 yrs of experience and working in USA with L1B visa.

Am working for the past 3 months. I am a indian citizen / Post graduate with 21 yrs of educaion

background.

Working in USA with L1B For the past 3 months can i apply for Canada PR
I would stay in the USA for the next 1year and so..

fyi ... L1b visa valid for 3 years

can i apply for PR to Canada ?

Me in L1B visa

My spouse in L2 visa.

My Question as numbered :

1.Working in USA with L1B For the past 3 months can i apply for Canada PR (skilled worker category or whichever is easier and applicable) ?

2.If so, How much fees we need to spend in CAD $

3.What is the processing time to get the PR in my case?

4.Is that easy to get a job in canada with 3.6 yrs of experience in java ?

I have been undeceided and opting for help for the past three months,

Experienced people out there please suggest us ?

:-\
 

newceo

Star Member
Aug 7, 2008
54
1
Of course you can apply. Before that u need to check whether ur occupation falls in 38 occupations listed. Otherwise its waste of time.
 

ankit_20

VIP Member
Dec 7, 2009
3,340
121
India
Job Offer........
Pre-Assessed..
Only People who have one year continious experience in 38 occupation listed in the link below can apply.
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

For People from computer/software background their is only one job code that is 0213. Please check the roles and responsibilities here
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileNocCode.aspx?val=0&val1=0213&val17=0213&val18=0&val19=0

If your employer issues a reference letter saying that you do these job responsibilities irrespective of your title/designation for at least 1 year you will be eligible.


For who can apply, please see the link below
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list
Your L1 status niether helps you nor prevents you from applying.
 

rinks25us

Star Member
Nov 3, 2009
100
5
I will try to be as much optimistic as I can ... with L1 B visa, what is being said is that you are one of the specialist of your company's patented, special technological solutions...it does not fall under 0213 code. Unless you can prove that even though you are on L1 B but your role is different, its more managerial than technical and you have been doing this role for more than 1 year atleast... if this can be done, you are definately eligible... else..
 

nc11

Member
Feb 24, 2009
16
0
Hi,
Yes u can apply for PR even though u r on L1. But of course u need to fall under FSW category of being manager for atleast 1 yr.
My hubby is on L1, we have already sent our full documents in sept 09 and received AOR.
 

peterjoejones

Newbie
Jul 23, 2019
4
0
I have a similar question, I applied for Express Entry in Jan 2019 whilst in Canada under a work visa from the UK. I finally just got approved and received my COPR July 2019 - now ready to 'land' in Canada and receive my PR card, etc.. However, between January and now, I was working with a subsidiary company (which is why I went to Canada in the first place) and they applied for and I got approved for an L1 intra-company transfer to the US head quarters. So, technically, I am now in the US working with the US hq, with an L1 for 3 years. They don't expect me turn up to the 'office' everyday as I work remote and they have clients everywhere (US, Canada, etc) so I am thinking of going to 'land' in Canada and get my PR card for starters. However, I am concerned that:

1. I need to maintain residency in Canada (2yrs/730 days) and be physically there - Does me travelling back to the US count for the 730 day qualifying period?

2. If I land with a significant change (i.e. new job in the US) then it invalidates my EE application and grounds for my COPR/Canada PR - does anyone know if this is true?

And lastly, any advice on how to manage this? I am thinking of setting up a business in Canada once I land as 1. it is my passion to do so, and 2. I think I may be able to use that business to qualify me for time spent outside of Canada

Anyone please? Or any forum pages where this has/will be answered? Thanks
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
You’re going to have to speak to the company lawyers about requirements of L1 and whether you can live in Canada while fulfilling the requirements of the visa. The other issue is you have to set up a payment method if you don’t have a US residence.
 

peterjoejones

Newbie
Jul 23, 2019
4
0
Payment method? what does that mean? I thought the L1 is a non immigrant visa so why cant i be a canadian PR whilst on an L1?!
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
Just one comment that setting up a Canadian business with the intention of maintaining your residency obligation whilst working in the US or any other country has been tried before and will not work.

To qualify the business needs to be a well established Canadian company over a number of years with employees, tax returns and an employee would be assigned on a temporary basis abroad. Business trips for example would not qualify towards residency other than the day you leave and day come back counting.

Has all been tried before and IRCC are well aware of this scenario, nothing to stop you trying or setting up a business though if you want to try your luck. Depends where you want to secure your long term future.

Others can comment with a different view but to answer the other questions given I am not familiar with the requirements from the US to keep the L1

1)to meet the residency obligation you need to be in Canada for 730 days in the 5 years from initial landing and after which it becomes a rolling 5 years. Only the day you leave for the US and the day you come back count towards residency, nothing whilst in the US.

2)personally not aware that once you have landed you are under any obligation to either remain in the role or job that you qualified with . This given for example most new immigrants are not even lucky enough to arrive with a job in hand and have to settle for survival jobs which have nothing to do with their skill set.

How your L1 will be viewed by CBSA on landing no idea and could only speculate so won’t although doubtful CBSA will have any visibility of your EE application in great detail.
 
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