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Conferences Canadian Immigration - Immigration canadienne Topic #2027
Reading Topic #2027
nardi
Charter Member
06-Dec-01, 05:23 PM (EST)
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"immigration"
 
   Dear Mr.Cohen
Thanks in advance for your advise.
My question is as follows:
I have worked in Canada for a Canadian Company for about 3 years, now I am on a leave of absence for more then 1 year.
At the moment I don't reside in Canada but in Albania,while I am still an employee of the Canadian Company can I work hear in Albania untill I get my PR papers and return to Canada?
Will this have any effect on my independent immigrant case?
Regards
Nardi


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dcohenteam
Charter Member
1410 posts
25-Jan-02, 04:01 PM (EST)
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1. "RE: immigration"
In response to message #0
 
  
In many cases Canada's laws do not prohibit or restrict a Canadian Citizen, or Canadian Permanent Resident from being an employee of more than one company at a time. There are laws in Canada, however, that may prohibit someone from being an employee of more than one company, if the separate positions held are in a "conflict of interest", or result in a breech of obligations with another employer.

Such conflicts of interest, for example, can include a situation in which one person is employed by 2 or more competing companies that provide a similar service or product.

Also note that some employment contracts or agreements also contain clauses specifically requiring that the employee only work for that specific company, for a given time period. (In such a case, working for another company, if still employed by the original company, may void the employment contract.)

In addition, Canadian Temporary Work Authorizations issued to visitors (non-Citizens, or non-residents) usually contain a statement, indicating that the holder of that authorization can only work for a specified employer while physically within Canada.

Thus, in order to answer this question, one would have to consider all of these factors, such as employment contracts, possibilities of conflict-of-interest, as well as the laws specific to Albania.

Finally it should be noted that under the current Skilled-Worker-Category system of immigration to Canada, if someone has applied for Canadian Permanent Residency, but is no longer working in his or her intended occupation, then the Canadian Goverment can request proof of how that applicant is maintaining his/her skills. This is especially true if a relatively long period of time has passed since the applicant worked in his or her intended occupation.

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CAMPBELL, COHEN - attorneys at law
tel:514.937.9445 / fax:514.937.2618
info@canadavisa.com
http://www.canadavisa.com


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