work permit before spousal sponsorship approval

[210045803]

Hello there,

I applied in February (Outland Buffalo visa office) for spousal permanent residency sponsorship.

My question is I currently work for GE and there is a position in Ontario that I can probably get.  Do I not need a labour market opinion because it is an intra company transfer?

I'm trying to understand who exactly is exempt from LMO.  Because I read online that intra company transfers are exempt but everytime in the past I have applied to a job for GE in Ontario they said they will not sponsor me because they cannot hire foreign workers unless a canadian cannot fulfill the role.  However, I think they have been wrong and I am excused from an LMO.

The kicker is there is a plant GE bought in Orillia and my boss's boss who is stationed here owns that plant.  My boss gave me a good recommendation and I have a feeling that I can get the job.  I told my boss that I can apply for my own work permit and take care of it but I may also get my PR soon too.  Now I am worried that I cannot get a work permit because I may need an LMO...there is no way that no one in Canada can not fill that role.

Please suggest if I am just wasting time trying to get this job and if I will be denied for applying for a work permit.  I figured if I get this offer letter and just apply I can get a work permit within a month and move while my PR is being processed.

[PMM]

Hi

Hello there,

I applied in February (Outland Buffalo visa office) for spousal permanent residency sponsorship.

My question is I currently work for GE and there is a position in Ontario that I can probably get.  Do I not need a labour market opinion because it is an intra company transfer?

I'm trying to understand who exactly is exempt from LMO.  Because I read online that intra company transfers are exempt but everytime in the past I have applied to a job for GE in Ontario they said they will not sponsor me because they cannot hire foreign workers unless a canadian cannot fulfill the role.  However, I think they have been wrong and I am excused from an LMO.

The kicker is there is a plant GE bought in Orillia and my boss's boss who is stationed here owns that plant.  My boss gave me a good recommendation and I have a feeling that I can get the job.  I told my boss that I can apply for my own work permit and take care of it but I may also get my PR soon too.  Now I am worried that I cannot get a work permit because I may need an LMO...there is no way that no one in Canada can not fill that role.

Please suggest if I am just wasting time trying to get this job and if I will be denied for applying for a work permit.  I figured if I get this offer letter and just apply I can get a work permit within a month and move while my PR is being processed.

The following is the description of an "intra company transferee"


General requirements
Intra-company transferees may apply for work permits under the general provision if they:
• are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national
company;
• will be undertaking employment at a legitimate and continuing establishment of that company
(where 18-24 months can be used as a reasonable minimum guideline);
• are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
• have been employed (via payroll or by contract) by the company outside Canada in a similar
full-time position (not accumulated part-time) for one year in the three-year period immediately
preceding the date of application. Extensions may be granted up to the 5 and 7 year
maximums referred to in the tables at the end of this section (5.31) and in the table in section
11.2.

[210045803]

Hi

The following is the description of an "intra company transferee"


General requirements
Intra-company transferees may apply for work permits under the general provision if they:
• are seeking entry to work in a parent, subsidiary, branch, or affiliate of a multi-national
company;
• will be undertaking employment at a legitimate and continuing establishment of that company
(where 18-24 months can be used as a reasonable minimum guideline);
• are taking a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
• have been employed (via payroll or by contract) by the company outside Canada in a similar
full-time position (not accumulated part-time) for one year in the three-year period immediately
preceding the date of application. Extensions may be granted up to the 5 and 7 year
maximums referred to in the tables at the end of this section (5.31) and in the table in section
11.2.

Thanks for the quick reply...although I am in a Managerial position it isn't Executive level or Senior...just lead professional and the new job is also a lead professional role.

[aerogurl87]

Thanks for the quick reply...although I am in a Managerial position it isn't Executive level or Senior...just lead professional and the new job is also a lead professional role.

You should be able to qualify. I got an intra-company transfer with the sister company of the retail store I used to work for in the US. I was only working part time as a sales associate, but because I had 3 years experience in my job I was able to qualify as having specialized knowledge. When you send in your application just send a letter with it explaining that you're applying as someone who has specialized knowledge and state a reason for why you believe you have that knowledge.

[210045803]

You should be able to qualify. I got an intra-company transfer with the sister company of the retail store I used to work for in the US. I was only working part time as a sales associate, but because I had 3 years experience in my job I was able to qualify as having specialized knowledge. When you send in your application just send a letter with it explaining that you're applying as someone who has specialized knowledge and state a reason for why you believe you have that knowledge.

Really?  Thanks for the info...btw how long did it take when you applied?  It says from Buffalo office 1 month so I'm guessing less than a month?  Also can I just go to the Buffalo border crossing and get it done on the spot?

Thanks so much.

[aerogurl87]

Really?  Thanks for the info...btw how long did it take when you applied?  It says from Buffalo office 1 month so I'm guessing less than a month?  Also can I just go to the Buffalo border crossing and get it done on the spot?

Thanks so much.

I applied through the Buffalo office in early December and got the actual work permit in late January. Note, I believe it took longer to receive due to the holidays, so if you apply now it might go faster. I wouldn't apply at the border though because if you get turned down by the IO it will be a loss of time and money with travel expenses, unless you live very close to the border.