BC PNP application while Intra-company Transfer is in progress

[arkrivia]

Hello!

Can I complete my British Columbia Provincial Nominee Program application with a valid ICT job offer while my work permit application is still being prepared?

Context:
I will be transferring within my company from USA to Canada with an 'Intra-company Transfer - Specialized Knowledge' work permit. I already have a job offer from Canada, but the work permit application and approval process may take a few months due to COVID-19 and other factors.
Meanwhile, I have started my BC PNP application and have received an invitation to apply. My NOC is 2173 (Software engineers and designers) so I might be eligible for the BC Tech Pilot program.

I also noticed that the application needs a 'Copy of evidence of recruitment (if applicable)' – I am assuming this is not applicable to me since this is an ICT and there was no external recruitment effort. Is that correct?

Cheers!

 

[thevisawhisperer]

Your post is really confusing.
Let me see if I've got this straight.
You have applied for an ICT-based, LMIA-exempt work permit. It is still in process.

"My NOC is 2173 (Software engineers and designers) so I might be eligible for the BC Tech Pilot program."
You might be eligible for the BC Tech Pilot program . . You've already received an invitation to apply through the PNP so your employer is obviously supporting your application under the BC PNP with a separate job offer - the fact of an ICT job offer based work permit application in process has nothing at all to do with your PNP eligibility or application.

" also noticed that the application needs a 'Copy of evidence of recruitment (if applicable)' – I am assuming this is not applicable to me since this is an ICT and there was no external recruitment effort. Is that correct?"

For a PNP-based job offer, evidence of recruitment is required, if the employee is not already working for the employer. Again, your ICT-related application has no bearing on your PNP application. So yes, recruiting is required.

 

[arkrivia]

Thanks for your response and apologies for the confusion. Let me try to clarify:

My employer has offices in US and Canada, and they're moving me from the US location to work in BC, Canada, through an internal transfer and an internal job offer. Therefore my employer is sponsoring the ICT-based work permit. I am not fully aware of my employer's recruitment effort there – the details of it are being written up by a lawyer in the ICT Specialized Knowledge work permit application. The whole process including visa and relocation may take a few months.

Meanwhile, I have separately applied for BC PNP myself and my employer is not directly sponsoring this, although they may support me with relevant documents. I have received an invitation to apply and have ~30 days to complete.

I am wondering if I can go ahead with the BC PNP application with the internal job offer, while my ICT work permit is still in the works.

 

[thevisawhisperer]

Your ICT-based application does not require recruitment efforts. The PNP, however, does.
Your employer has agreed to provide the various forms and other documents, but I cannot tell you the consequence of not having recruited for the position might be. Your employer could argue that you already work for the company, once removed, and they didn't recruit because you were on your way anyway.

 

[arkrivia]

That makes sense. Thanks, @thevisawhisperer

I was researching my situation (although not extensively) and I found this post which talks about ICT and BC PNP in the same context, which made me think that perhaps an internal (ICT) job offer, which is LMIA-exempt, can be used to complete the BC PNP without evidence of recruitment.

There was another post where someone came to the same conclusion although it was not validated by the community.

I suppose what you're saying is that my BC PNP application will likely be valid if my employer can show that they tried to hire externally before giving me the ICT job offer. In my case this may be true but I need to check with my employer.

I have a slightly different question now – since the application asks for 'Copy of evidence of recruitment (if applicable)' – when is it not applicable?

 

[thevisawhisperer]

"I suppose what you're saying is that my BC PNP application will likely be valid if my employer can show that they tried to hire externally before giving me the ICT job offer."
What I was saying is that your employer could argue that no recruitment was necessary because it's basically hiring someone who is already working for the company (albeit in another branch in another country). If no recruitment is applicable then 'not applicable' is all that is required

 

[arkrivia]

Thanks! I decided to withdraw the application and reapply later when I have the work permit. I did not find examples of candidates applying for PNP with an internal job offer before obtaining an ICT work permit. I did however find examples of candidates with a work permit moving to Canada and then applying for PNP.

I also see the following section in the PNP guide:

Your employer must demonstrate that genuine and bona fide efforts were made to recruit from the local labour market, and that hiring you will not adversely affect employment or development opportunities for local candidates (Canadian citizens and/or permanent residents).

Subject to verification, the BC PNP may consider this requirement to be met if:

• You have a valid work permit and/or employment authorization and are currently working full-time (at least an average of 30 hours per week, year-round) for the supporting B.C. employer in the occupation identified in the job offer. Please note that if you are currently working full-time for the supporting employer on a co-op work permit or a study permit, this requirement will only be considered met if you have completed your program of study.

OR

• Your employer can provide evidence of a genuine and bona fide effort to recruit from the domestic labour market and is able to demonstrate the results of these recruitment efforts, such as advertisements based on the following minimum requirements…

 

[visaviz]

Hello arkrivia, did you get the work permit, any change of plans? Pls update when you have a minute. I am in the same boat and would like to connect and share details.

 

[bcpnpseeker]

Any update on this? I am in the exact same situation and I am currently in Vancouver BC, working for the employer already. I do have a valid work permit too, but still the BC PNP case worker has asked me for recruitment effort proof. My employer is also clueless what to respond with? Does it kill my chances of getting BC PNP nomination just because I came via ICT?

 

[bboyking]

@arkrivia @bcpnpseeker

Any update on your BC PNP situation? Was the closed work permit (i.e. ICT) enough to prove recruitment efforts?

 

[bcpnpseeker]

@arkrivia @bcpnpseeker

Any update on your BC PNP situation? Was the closed work permit (i.e. ICT) enough to prove recruitment efforts?

yes, they confirmed that they asked the recruitment efforts in error and they don’t need it actually. So all good.

 

[coopergenz]

yes, they confirmed that they asked the recruitment efforts in error and they don’t need it actually. So all good.

@bcpnpseeker congrats. For obtaining BC PNP through ICT, is it necessary to first move to BC and then apply, or can one apply from outside once the ICT work permit is ready? Also, what kind of documentation does employer need to submit to support employee's case.

 

[bboyking]

@coopergenz

@bcpnpseeker Or can one apply from outside once the ICT work permit is ready?

I am not sure what you mean by this. But ICT work permit is issued only after you appear in person in Canada. Your paperwork must have been approved for a work permit (and possibly got a visa stamp on your passport), but that is not the same as the actual work permit.

This is how an ICT work permit looks like (courtesy Google images):
https://sobirovs.com/wp-content/uploads/2021/01/Renewed-ICT-work-permit-for-2-years-Sobirovs-Law-Firm-225x300.png

 

[mmespedillon]

yes, they confirmed that they asked the recruitment efforts in error and they don’t need it actually. So all good.

Hi, I have the same dillemma. I am on Open work permit tied up with my husband's study permit. As far is know, no recruitment evidence is need if your are with working permit and currently employed with the company.

In the job offer form, did you answer yes or no to the question 'has active recruitment taken place in canada?". Currently, I ticked it No and left blank the succeeding parts. Will that be acceptable?

 

[mohdafsaar]

Hi - I am on ICT and working in Vancouver ? can I file BC PNP ?