Urgent Processing for Canadian citizenship to avoid losing job

[RoseDye]

To say, "It wasn't in my contract that I am expected to work in USA" contradicts the employment condition of being able to be "Flexible to work globally as job requires" that you agreed to.

You did say in your previous post.



Flexible to work globally implies to be able to work anywhere in the world including the future possibility of working in US.

Oh true, I mean I didn't think too much when accepting the offer. I am flexible if my passport lets me. I AM but the countries aren't.

 

[screech339]

Oh true, I mean I didn't think too much when accepting the offer. I am flexible if my passport lets me. I AM but the countries aren't.

While you are flexible and willing to work globally, it is not the other countries that are not flexible. It is your nationality that made your ability to work globally not as flexible as you want. You can't blame other countries for their immigration rules. Even though India and Canada are commonwealth countries, they both need visas to enter each other's countries.

Just because it was part of the contract doesn't mean it don't apply. This is no difference from someone complaining about paying extra fees they didn't know about when they didn't bother to read the fine prints. Take it as a lesson learned. Always know what you are signing up for, including reading and accepting the whole contract, whenever you sign on the dotted line.

 

[spyfy]

While you are flexible and willing to work globally, it is not the other countries that are not flexible. It is your nationality that made your ability to work globally not as flexible as you want. You can't blame other countries for their immigration rules. Even though India and Canada are commonwealth countries, they both need visas to enter each other's countries.

Just because it was part of the contract doesn't mean it don't apply. This is no difference from someone complaining about paying extra fees they didn't know about when they didn't bother to read the fine prints. Take it as a lesson learned. Always know what you are signing up for, including reading and accepting the whole contract, whenever you sign on the dotted line.

With your argument, the only person who should sign a contract with that clause about flexible work assignment is someone who, before signing, has a working visa for every country on earth. They didn't specifically name the US when he asked them, so he didn't expect it. What about a Canadian Citizen who signed that and then was assigned to India, for which they would need a work visa? In that case, the Canadian Citizen has it worse than the OP (who said earlier that he is an Indian citizen), so this can go in many different ways.

With all due respect, but you are sitting on a very high horse with regards to this.

 

[spyfy]

I know you have some good advice. So out of curiosity, I would like to ask -
For this specific case, can there be any negative repercussions if OP is seen as planning to leave Canada. I know intention to live is no longer part of the requirements. Its a highly subjective question, but still.

In the worst case, it would trigger a Residency Questionnaire, but I think even that is far fetched. I simply think if the OP requested urgent processing, the request would not be honoured and then the application went its regular way.

 

[screech339]

With your argument, the only person who should sign a contract with that clause about flexible work assignment is someone who, before signing, has a working visa for every country on earth. They didn't specifically name the US when he asked them, so he didn't expect it. What about a Canadian Citizen who signed that and then was assigned to India, for which they would need a work visa? In that case, the Canadian Citizen has it worse than the OP (who said earlier that he is an Indian citizen), so this can go in many different ways.

With all due respect, but you are sitting on a very high horse with regards to this.

What high horse are you referring to? If I were in OP and was given same said contract, I would first asked where may expect me to work worldwide. If offered India as one possible country or any countries I would require visa, I would inform that I would require a visa to work there. Be up front about it. Employer may still be okay with it and send me to Visa free countries and send someone else to countries I can't go to. If employer decide to pass over me, and hire someone so be it. If I signed up for it and ended up needing to go to India, I can't go to India over visa issues, I can't blame myself for it. The OP didn't do that or assumed the flexible work worldwide doesn't apply to him or at least probably didn't discuss the issue with the employer before signing. He / she said he / she never expected to go to US despite the contract saying so. No different from someone taking on a lifeguard position, there is a possiblility of need to perform CPR, when the applicant signs up assuming performing CPR is not going to happen on his job. Or someone saying it's not fair that he is getting deployed he never asked for or assume he won't get sent overseas when signing up for the forces for free education and other perks.

As I said before, always be aware of what your signing up for whenever you sign on the dotted line. Every lawyer will tell you the same.

 

[dpenabill]

My job requires me to move to US as soon as possible as they feel I can be more efficient in my work there. I feel I can potentially lose my job as my manager is not very comfortable having me work remotely in Canada.

Canadian citizenship would allow me access to TN to move there for work. Is this an acceptable reason to apply for urgent processing? What proof do I need to provide for the same?

I am flexible if my passport lets me. I AM but the countries aren't.

SUMMARY: Probably NOT a good idea to submit a request for urgent processing because you need a Canadian passport to obtain status to work in the U.S.


Explanation (tangents and distractions aside):

Generally there is minimal downside, minimal risk in making a request for urgent processing, and thus even when the chance of getting urgent processing is poor, if it is important for the applicant the conventional wisdom is, essentially, go ahead and give it a shot.

To be clear, however, the odds are high against urgent processing requests based on the need for a Canadian passport. Many fail to distinguish needing Canadian citizenship versus needing the benefits of a Canadian passport. They are NOT the same. Generally the fact that Canadian citizenship is needed to obtain a Canadian passport does not make needing the benefit of a Canadian passport (as opposed to, say, the PR's current passport) a reason for IRCC to expedite the citizenship application process . . . at least not ordinarily. But, again, the conventional wisdom is that it is OK to give it a shot.

All that said; the CAVEAT/CAUTION: Even though there is no required intent to reside in Canada upon being granted citizenship, applicants who appear to be interested in obtaining Canadian citizenship as a means to elevate their opportunities to work and live in other countries, the U.S. particularly, have an increased risk for elevated scrutiny, meaning a risk of encountering the opposite of expedited processing: non-routine RQ related processing which can delay the timeline substantially and potentially by a lot. Thus, again, probably NOT a good idea to submit a request for urgent processing because you need a Canadian passport to obtain status to work in the U.S.


Re Dealing With Employer: Cannot help here. For most of the last half century I have been mostly self-employed (except for a few years with one employer, decades ago now, and brief stints otherwise even longer ago). Dealing with employers is way outside my experience. Obviously, I prefer to NOT deal with employers.

 

[zardoz]

Hi all!

My job requires me to move to US as soon as possible as they feel I can be more efficient in my work there. I feel I can potentially lose my job as my manager is not very comfortable having me work remotely in Canada.

Canadian citizenship would allow me access to TN to move there for work. Is this an acceptable reason to apply for urgent processing? What proof do I need to provide for the same?

This question may be late in the game, but are you actually eligible for a TN Visa anyway once you become a citizen?
http://workpermit.com/immigration/usa/us-tn-1-visa-eligible-professions-list
And
https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

 

[RoseDye]

This question may be late in the game, but are you actually eligible for a TN Visa anyway once you become a citizen?
http://workpermit.com/immigration/usa/us-tn-1-visa-eligible-professions-list
And
https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

Yes, I am. I just checked.

 

[screech339]

This question may be late in the game, but are you actually eligible for a TN Visa anyway once you become a citizen?
http://workpermit.com/immigration/usa/us-tn-1-visa-eligible-professions-list
And
https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

You made a good point. If the OP's occupation is not on the qualified list, OP would not get TN visa. Then OP's argument for faster processing becomes moot.

 

[RoseDye]

You made a good point. If the OP's occupation is not on the qualified list, OP would not get TN visa. Then OP's argument for faster processing becomes moot.

Don't worry, I am on the approved list!!

 

[EstherBarros]

@RoseDye

You were not hired to work in the US, or asked if you were legally allowed to do so. What is the exact wording on the contract? If it simply says "flexible to work anywhere in the world", that only implies the employee is WILLING to go anywhere. From there, it is up to the company to deal with the legalities of such move, once the employee has already been hired. If the contract specifically asks if you are allowed to work legally in the US and you aren't, but signed it anyway, this is misrepresentation (doesn't sound like this is the case, as (probably) only US citizens, green card holders etc would readily be able to work in the US without applying for a visa first).

While your employer may have expectations that you might be able to work in the states once you get Canadian citizenship/passport (for which they would still need to support you in getting a visa, as I understand it), you were not hired for this, nor could you provide them with a date in which the citizenship would be acquired. It is illegal for them to require employees in Canada have citizenship, unless it is a government job (my understanding).

I understand the pressure they are putting on you and that is definitely terrible to deal with, especially with it being your first job out of school. I think the best way to go is to be honest with your employers: "I am unable to apply to work in the US right now, my citizenship application is being processed and I can apply for a visa to work there once it gets approved. Average processing time for this is 12 months, and I applied on XXXX. I can let you know once the process is completed, so we can start looking into a visa for me to work in the US.". This is the truth, and it is honest. Unfortunately, if you feel they might let you go because of this (even though it wouldn't be legal, and they might find other reasons/need no reason etc. (these terms should be outlined in your contract)), you are better off trying to look for a new job ASAP, so if they do let you go, you have something to fall back on.

I sincerely hope everything works out for you

 

[munter]

As someone who has signed a contract with the provision that I am "willing to work anywhere in the world" and did end up in 3 different jurisdictions, it was always the companies responsibility to provide a visa. Do not let companies bully you into doing risky things like working on tourist visa's etc because they will not have your back when things go bad. Do not be afraid to assert your legal rights even if it is your first job. Its ludicrous to think you should let a company bully you for fear of "getting a black mark", it seems to me this has nothing to do with your CAN citizenship application.