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country of residence/working in Canada but not in Canada...

yepyep

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Jun 11, 2011
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So basically I am back in the UK and was in Canada when I got my ITA, and my permit is up in July. For the sake of the application I am still working in Canada, but I have put my country of residence and mailing address as my UK address as i dont know if i will go back until i get my permanent residence. Where it says "is X currently working in Canada" I want to put yes, as then I can input my LMIA/work permit details.. Basically, will having these two contradicting things get me rejected? Is there a certain way i should do this? My records of employment etc are all worded to say I am available to work till my permit expires and all that kind of stuff. I'm just hoping the immigration agent sees what I am doing. All my documents make me eligible for my application but I'm not in Canada as I apply.... Any information is greatly appreciated cheers!
 

Anya654

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yepyep said:
So basically I am back in the UK and was in Canada when I got my ITA, and my permit is up in July. For the sake of the application I am still working in Canada, but I have put my country of residence and mailing address as my UK address as i dont know if i will go back until i get my permanent residence. Where it says "is X currently working in Canada" I want to put yes, as then I can input my LMIA/work permit details.. Basically, will having these two contradicting things get me rejected? Is there a certain way i should do this? My records of employment etc are all worded to say I am available to work till my permit expires and all that kind of stuff. I'm just hoping the immigration agent sees what I am doing. All my documents make me eligible for my application but I'm not in Canada as I apply.... Any information is greatly appreciated cheers!
Saying that you're currently working in Canada with a valid LMIA and then residing in UK with a UK address will definitely contradict the information on your application and may even get you refused. I think you should just stay in Canada till you get your PR, why complicate things?
 

yepyep

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I'm already back In the UK for family reasons. I wonder if I put no to working in Canada and include copies of my work permit, as I have read things on CIC website about being eligible to work In Canada and have a valid job offer.. Which I have. Im really unsure of whether to just go for it or not ... As it is technically just a vacation, I just don't know if I will return before my work permit expires. I don't think it should be as complicated as it sounds!
 

Hopefulguy

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Apr 21, 2015
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yepyep said:
I'm already back In the UK for family reasons. I wonder if I put no to working in Canada and include copies of my work permit, as I have read things on CIC website about being eligible to work In Canada and have a valid job offer.. Which I have. Im really unsure of whether to just go for it or not ... As it is technically just a vacation, I just don't know if I will return before my work permit expires. I don't think it should be as complicated as it sounds!
i think its easier putting country of residence as Canada cos thats where u still stay technically and put UK address for mailing address. simple
 

yepyep

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Hopefulguy said:
i think its easier putting country of residence as Canada cos thats where u still stay technically and put UK address for mailing address. simple
Thanks. I changed my address history to my UK address for the back end of April, should I change it back to my Canadian address and treat this is a vacation and Just go through the process as a Canadian resident, will a UK mailing address seem odd to them?
 

Anya654

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yepyep said:
Thanks. I changed my address history to my UK address for the back end of April, should I change it back to my Canadian address and treat this is a vacation and Just go through the process as a Canadian resident, will a UK mailing address seem odd to them?
CIC states that you can either apply from your country of citizenship or country of residence provided you were legally admitted to your resident country for a minimum of one year. Providing your UK address as your address of residence means that you will have to provide your evidence of status ie show that you were legally admitted to the UK for at least a year. On the other hand, even if you do provide this you've claimed to be working in Canada with a valid LMIA but then you're in the UK. You might say you're in d UK for a brief holiday but let's say they try to contact you a few months along the line when they're processing ur application or they find out you're still in the UK by some other means , it might spell trouble as they might wonder what you're still doing in the UK. Just do what's best for you.


you provide evidence of status show
 

yepyep

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So the question then is, If I put down my Canadian address as my address, and mailing address in the UK, and all my documents and records of employment are fine then I should be fine? I did my medical in the UK a few weeks back. I could add a letter of explanation explaining that I am in the UK but plan on returning if I acquire PR or possibly before my work permit expires. But my employer is aware of my situation and can state this too. (Do they call employers/landlords etc during process?) I don't want to be too honest and shoot myself in the foot, but I don't want to be considered for misrepresentation, I can't find anything definitive about where you have to be at time of application. I'm sure it will be fine as long as I arrange my application properly! Anyone that can advise I appreciate it very much.
 

Anya654

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yepyep said:
So the question then is, If I put down my Canadian address as my address, and mailing address in the UK, and all my documents and records of employment are fine then I should be fine? I did my medical in the UK a few weeks back. I could add a letter of explanation explaining that I am in the UK but plan on returning if I acquire PR or possibly before my work permit expires. But my employer is aware of my situation and can state this too. (Do they call employers/landlords etc during process?) I don't want to be too honest and shoot myself in the foot, but I don't want to be considered for misrepresentation, I can't find anything definitive about where you have to be at time of application. I'm sure it will be fine as long as I arrange my application properly! Anyone that can advise I appreciate it very much.
If you write that you're in the UK and plan on returning after you get your PR then you're shooting yourself in the foot. So you're saying you won't return unless you get a Pr or maybe before your work permit expires which defeats the purpose of having an LMIA. They would wonder why you're claiming points for an LMIA job when you don't even intend to do the job and are chilling in the UK. If I were you I'll just write an explanation letter that I'm in the UK on a vacation. Finally, yes if the suspect any issues with your employment then it's highly likely that they'll contact your employer .
 

Ibyt

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Hi,

We have similar cases in a reversed way. I have just left the UK last week and in Canada to join my spouse but my work permit doesnt expire till September.

We will be applying end of this week.

I did my medical medical in the UK and I had to do two UK police certificates because of the rule change end of May.

I have said my country of Residence is Canada and written a letter of explanation because I am in Canada ( I assume your country of residence is where you are at the date of application). i have evidence with my employement letter that ended 5th May and stamped pages of passport.

If you are in the UK indefinitely (or at least till you get PR) you can include your country of residence as UK because you can have LMIA outside Canada.

Ild be worried that your country of residence is different from correspondence address.

I might be wrong but I assume it is the right thing to do.
 

mf4361

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If you are still with your employer that your LMIA is tied to and you are back in UK temporarily (for a holiday or something), and you will go back to Canada later, then I suppose you can put "Working in Canada" and mailing address in UK.

But you are not employed in the company you have LMIA anymore, and you say "Working in Canada" and LMIA info, you could be in trouble (And that definitely raise red flag with VO).
 

Anya654

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mf4361 said:
If you are still with your employer that your LMIA is tied to and you are back in UK temporarily (for a holiday or something), and you will go back to Canada later, then I suppose you can put "Working in Canada" and mailing address in UK.

But you are not employed in the company you have LMIA anymore, and you say "Working in Canada" and LMIA info, you could be in trouble (And that definitely raise red flag with VO).
Exactly!!
 

yepyep

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Jun 11, 2011
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mf4361 said:
If you are still with your employer that your LMIA is tied to and you are back in UK temporarily (for a holiday or something), and you will go back to Canada later, then I suppose you can put "Working in Canada" and mailing address in UK.

But you are not employed in the company you have LMIA anymore, and you say "Working in Canada" and LMIA info, you could be in trouble (And that definitely raise red flag with VO).
Thanks, I'm not trying to misrepresent myself or anything I'm just trying to make sure I'm clear on my application what my situation is! I think the best thing is put working in Canada,(iv had this lmo job since 2013) and mailing address UK. (I plan on coming home after my permit expires in July, there's no rule about not leaving once an application is in right?!) . I'm going to include a letter of explanation about being in the UK on a trip while medicals were done etc and my permit being valid till July etc etc. At least then if I'm somehow ineligible they can see im not lying about anything and I assume I would just be rejected and not banned. If I'm no longer able to apply no this lmia I know my boss will get a new one and I can apply again once its through. Thanks for the advise everyone.
 

mf4361

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yepyep said:
Thanks, I'm not trying to misrepresent myself or anything I'm just trying to make sure I'm clear on my application what my situation is! I think the best thing is put working in Canada,(iv had this lmo job since 2013) and mailing address UK. (I plan on coming home after my permit expires in July, there's no rule about not leaving once an application is in right?!) . I'm going to include a letter of explanation about being in the UK on a trip while medicals were done etc and my permit being valid till July etc etc. At least then if I'm somehow ineligible they can see im not lying about anything and I assume I would just be rejected and not banned. If I'm no longer able to apply no this lmia I know my boss will get a new one and I can apply again once its through. Thanks for the advise everyone.
Calm down. I'm not accusing you. Just trying to lay out your possible situations.
 

yepyep

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mf4361 said:
Calm down. I'm not accusing you. Just trying to lay out your possible situations.
Oh I know I was just explaining! Cheers!
 

yepyep

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mf4361 said:
If you are still with your employer that your LMIA is tied to and you are back in UK temporarily (for a holiday or something), and you will go back to Canada later, then I suppose you can put "Working in Canada" and mailing address in UK.

But you are not employed in the company you have LMIA anymore, and you say "Working in Canada" and LMIA info, you could be in trouble (And that definitely raise red flag with VO).

I have decided that i will not return to canada before my permit expires and therefore have technically left employment. Im pretty sure that now makes my ITA invalid, as i have the job offer, a valid permit (until july 16) and 3 years experience in my NOC code with said employer, but am no longer working in Canada. I feel I have 2 options, the first being go ahead with my application changing working in canada to NO, changing my addresses to UK addresses, attaching a letter of explanation explaining this situation and a copy of my work permit, basically being totally honest and saying even though I had the 600 points im no longer in the country etc, and hope for the best (and risk losing a ton of money and possible bans?) . My entire application is the same as when I received the ITA just i am not in the country anymore, and after extensive research im pretty concerned this will end up getting me rejected.

OR i could decline and go for a new LMIA which will take longer. Im pretty sure my boss can get one fairly easily as we are always understaffed and mostly hire foreign workers. If i decline this invitation and get a new LMIA, i assume i will get my 600 points back and get an ITA again at the next draw (i have over 900 points with one). Declining an ITA doesnt harm future chances correct?

thanks for any info/advice people!