Yong professional visa - who's the employer?
- Thread starter stella.mi
- Start date
Others can comment but if you are paid through the agency whilst you are working for the bank then technically I would have said the agency is your employer contracting out your services for a fee, but that is only an opinion.
I am not aware of the conditions for the YP permit but are you sure that you can apply when your direct employer is not the bank so the bank is not providing you with the job offer directly.
The YP is an employer specific WP so an agency might be questionable as being an employer given a YP permit is a closed employer specific permit so you may need a direct offer from the bank to apply for a YP but that is just my interpretation.
I am not aware of the conditions for the YP permit but are you sure that you can apply when your direct employer is not the bank so the bank is not providing you with the job offer directly.
The YP is an employer specific WP so an agency might be questionable as being an employer given a YP permit is a closed employer specific permit so you may need a direct offer from the bank to apply for a YP but that is just my interpretation.
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Based on what you have said I read it that you are employed by the agency but working for a bank.
So on your closed YP work permit I maybe wrong but would expect the agency to appear as employer so not sure how that meets the eligibility criteria for YP given the basic assumptions for eligibility assume an employment contract with a fixed employer, hence the term closed work permit, so an employer/ employee relationship.
Not sure this is a legal problem but just the fact whether this arrangement works to qualify for a YP or whether it has to be a direct employer, the bank, the employee contract/ offer of employment with no third party, the agency, that is how a closed permit generally works.
More info in link below
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/experience-processing-procedures.html
This is only a personal view/ interpretation and not in anyway professional advice , you would need either IRCC or an immigration lawyer for that
So on your closed YP work permit I maybe wrong but would expect the agency to appear as employer so not sure how that meets the eligibility criteria for YP given the basic assumptions for eligibility assume an employment contract with a fixed employer, hence the term closed work permit, so an employer/ employee relationship.
Not sure this is a legal problem but just the fact whether this arrangement works to qualify for a YP or whether it has to be a direct employer, the bank, the employee contract/ offer of employment with no third party, the agency, that is how a closed permit generally works.
More info in link below
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/experience-processing-procedures.html
This is only a personal view/ interpretation and not in anyway professional advice , you would need either IRCC or an immigration lawyer for that
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