Can I live in another province if I'm migrating on a work permit based on a LMIA?

[andreduarte]

Hey, my first post here.
I've been digging through a lot of different pages and can't seem to find an answer for that.
I'm going to Canada in feb/23, my company is based in Ontario and provided an LMIA which is gonna generate a work permit for me (probably closed) and an open work permit for my wife. Are we allowed to live in Aberta, for example? I'll be working for the same company, just gonna be based in Alberta.

Thanks in advance.

 

[scylla]

Hey, my first post here.
I've been digging through a lot of different pages and can't seem to find an answer for that.
I'm going to Canada in feb/23, my company is based in Ontario and provided an LMIA which is gonna generate a work permit for me (probably closed) and an open work permit for my wife. Are we allowed to live in Aberta, for example? I'll be working for the same company, just gonna be based in Alberta.

Thanks in advance.

First question is if your employer is OK with remote work and with you working in a different province. Determine this first. Sometimes this is possible and sometimes it isn't.

If your employer is OK with this, then I don't believe there should be an issue. If you are planning on applying for PR through a PNP program, it's possible this arrangement could create complexities for you. Just something to flag.

 

[andreduarte]

First question is if your employer is OK with remote work and with you working in a different province. Determine this first. Sometimes this is possible and sometimes it isn't.

If your employer is OK with this, then I don't believe there should be an issue. If you are planning on applying for PR through a PNP program, it's possible this arrangement could create complexities for you. Just something to flag.

First of all, thanks for you response.
He's ok with remote work, I'm working for them from Brazil since early 2022.

Someone told me that I might face issue when applying for health care...

 

[Naturgrl]

First of all, thanks for you response.
He's ok with remote work, I'm working for them from Brazil since early 2022.

Someone told me that I might face issue when applying for health care...

What are the conditions stated on your work permit? Does it have a condition that says you can’t work outside the province.?

 

[scylla]

First of all, thanks for you response.
He's ok with remote work, I'm working for them from Brazil since early 2022.

Someone told me that I might face issue when applying for health care...

Ah - I see your point there. Sometimes they want to see employment within the province. I don't have the knowledge to answer that question.

 

[andreduarte]

What are the conditions stated on your work permit? Does it have a condition that says you can’t work outside the province.?

That’s a good question, but it’s being issued. Only thing I know is that it’s based on the lmia: so position and location are locked, which means I can’t work outside Ontario. Not sure if this impacts where I can live…

 

[Naturgrl]

That’s a good question, but it’s being issued. Only thing I know is that it’s based on the lmia: so position and location are locked, which means I can’t work outside Ontario. Not sure if this impacts where I can live…

Wait until you have the work permit. There may be a condition on it that you must work in Ontario.

 

[andreduarte]

Wait until you have the work permit. There may be a condition on it that you must work in Ontario.

Hey, the issue here is that I'm going to work in a company that is based in Ontario, but maybe I want to live in another province, since I'm working from home. Besides that, my wife will have a Open Work Permit.

 

[Naturgrl]

Hey, the issue here is that I'm going to work in a company that is based in Ontario, but maybe I want to live in another province, since I'm working from home. Besides that, my wife will have a Open Work Permit.

Again, you will need to wait to see what your conditions are on your work permit. It may state - Not authorized to work in any location other than stated (Toronto or Ontario). Your wife having an open work permit is not relevant. She has a SOWP based on your closed work permit.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1414&top=15

 

[andreduarte]

Again, you will need to wait to see what your conditions are on your work permit. It may state - Not authorized to work in any location other than stated (Toronto or Ontario). Your wife having an open work permit is not relevant. She has a SOWP based on your closed work permit.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1414&top=15

This is very helpful. Thank you!
I'll wait for the visa to be issued and will post some updates here.

 

[andreduarte]

Hey, here’s my visa with the restrictions. Nothing about where I should live, but only work related, right?


Conditions:

1. MUST LEAVE CANADA BY 2024/11/30
2. UNLESS AUTHORIZED, PROHIBITED FROM ATTENDING ANY EDUCATIONAL INSTITUTION, OR TAKING ANY ACADEMIC, PROFESSIONAL OR VOCATIONAL TRAINING COURSE.
3. NOT AUTHORIZED TO WORK IN ANY OCCUPATION OTHER THAN STATED.
4. NOT AUTHORIZED TO WORK FOR ANY EMPLOYER OTHER THAN STATED.
5. NOT AUTHORIZED TO WORK IN ANY LOCATION OTHER THAN STATED.

 

[canuck78]

Hey, here’s my visa with the restrictions. Nothing about where I should live, but only work related, right?


Conditions:

1. MUST LEAVE CANADA BY 2024/11/30
2. UNLESS AUTHORIZED, PROHIBITED FROM ATTENDING ANY EDUCATIONAL INSTITUTION, OR TAKING ANY ACADEMIC, PROFESSIONAL OR VOCATIONAL TRAINING COURSE.
3. NOT AUTHORIZED TO WORK IN ANY OCCUPATION OTHER THAN STATED.
4. NOT AUTHORIZED TO WORK FOR ANY EMPLOYER OTHER THAN STATED.
5. NOT AUTHORIZED TO WORK IN ANY LOCATION OTHER THAN STATED.

Is your employer’s address not stated on your work permit? That is usually the location specified. It is very unusual to be able to live in a different province than your employer. If you could work remotely from Alberta you could have remained in Brazil and worked remotely.

 

[andreduarte]

Is your employer’s address not stated on your work permit? That is usually the location specified. It is very unusual to be able to live in a different province than your employer. If you could work remotely from Alberta you could have remained in Brazil and worked remotely.

I’m working from Brazil since april, so this is not a problem. Just choose to move to Canada to have new experiences. Be in Canada is not mandatory.

I have some co workers that live in BC, Quebec and work for the same company, in Toronto.

 

[canuck78]

I’m working from Brazil since april, so this is not a problem. Just choose to move to Canada to have new experiences. Be in Canada is not mandatory.

I have some co workers that live in BC, Quebec and work for the same company, in Toronto.

Are they on a WP? The argument is there would be no reason to justify a WP if you can work remotely from Alberta. Your employer would have indicated that they need you to work from Canada and usually from their current location to get the LMIA and WP. Is your employer’s address in Toronto on the WP?

 

[andreduarte]

Are they on a WP? The argument is there would be no reason to justify a WP if you can work remotely from Alberta. Your employer would have indicated that they need you to work from Canada and usually from their current location to get the LMIA and WP. Is your employer’s address in Toronto on the WP?

Yes, they are based inToronto and that’s what the visa states.