internal transfer of IT worker, with family, and eventual goal of permanent res

[docfaraday]

So, I have a job opportunity with a Canadian IT (telecommunications) company. They can hire me as a US employee until visa stuff is worked out, and then transfer me (my understanding is that you can bypass an LMO by doing this). I meet the requirements for the IT worker temporary work visa. I also understand that I will need to apply for temporary visas for my immediate family separately. This is all pretty straightforward. But, there are some questions about the details:

* I know that processing is expedited for IT temp visas, but does this carry over to immediate family? That is, do their applications get expedited too? If not, can they accompany me once my visa is granted without getting in hot water? Is there a grace period of some sort? Or is it best to wait until everything is processed?

* I am also interested in applying for permanent residency under the skilled worker class. I do not think my prospective employer would be willing to wait for this to resolve before transferring me, however, hence the temporary visa application. My understanding is that you get 10 points if you are already employed in Canada (similar to the Arranged Employment letter). But, do you get expedited processing like you do for Arranged Employment? What if you are employed by a company that intends to transfer you to Canada when you start the application process? Do they need to do the usual Arranged Employment thing, even if I already work for them (in the US), and by the time the application is processed I will already be in Canada working?

 

[PMM]

Hi

So, I have a job opportunity with a Canadian IT (telecommunications) company. They can hire me as a US employee until visa stuff is worked out, and then transfer me (my understanding is that you can bypass an LMO by doing this). I meet the requirements for the IT worker temporary work visa. I also understand that I will need to apply for temporary visas for my immediate family separately. This is all pretty straightforward. But, there are some questions about the details:

* I know that processing is expedited for IT temp visas, but does this carry over to immediate family? That is, do their applications get expedited too? If not, can they accompany me once my visa is granted without getting in hot water? Is there a grace period of some sort? Or is it best to wait until everything is processed?

* I am also interested in applying for permanent residency under the skilled worker class. I do not think my prospective employer would be willing to wait for this to resolve before transferring me, however, hence the temporary visa application. My understanding is that you get 10 points if you are already employed in Canada (similar to the Arranged Employment letter). But, do you get expedited processing like you do for Arranged Employment? What if you are employed by a company that intends to transfer you to Canada when you start the application process? Do they need to do the usual Arranged Employment thing, even if I already work for them (in the US), and by the time the application is processed I will already be in Canada working?

1. If you are thinking as a work permit for an intra company transferee, you would have to have worked for the US company for at least 1 year and work in a capacity that is managerial, executive or that involves specialized knowledge before you can get the work permit.
2. So if they want you to work in Canada they will have to get an approved LMO from HRSDC after advertising for 2 weeks in the job bank and then prove that there are no Canadians nor PRs available for the work. You should note that LMOs for IT positions are hard to come by these days.
3. The expedited IT process ended in Sept./10 for the 7 specific occupations.
4. If a work is issued, your spouse and dependent children are included as dependents.
5. There is no expedited processing for PR applicants.
6. IF you wish to apply for PR and are not working in Canada, the employer has to apply for an Arranged employment offer from HRSDC, the processing time is now about 6/7 months. Then you can apply for PR. The AEO doesn't give you any rights to work in Canada.

 

[docfaraday]

Ahhh. That complicates matters. You say that I cannot start my PR app without the letter of Arranged Employment; do you really mean to say that it makes it much harder? I can take the 10 point hit on the PR points scale easily. The cash requirement may be problematic, however, but it is not impossible (indeed, I have not started salary negotiation yet). Is the cash requirement only bypassed by a letter of Arranged Employment?

 

[scylla]

That's right. The cash requirement is only bypassed by AEO.

Also (and possibly more importantly), without a job offer, you can only apply as a Federal Skilled Worker if your occupation appears on the following list. Note that occupation 1122 will very very likely hit its cap this week and once the cap is hit, they will no longer be accepting applications under this occupation.

http://www.cic.gc.ca/english/immigrate/skilled/complete-applications.asp

 

[docfaraday]

Hmm. I don't really fit anywhere on that list. However, my wife would qualify as a 2121. (may want to revisit the temp worker visa topic from her perspective in a bit) That leaves the cash reserves requirement. At what point/s during the application process would this need to be demonstrated? Does home equity count?

Coming back around to the temporary worker visa, this time from my wife's perspective. She has a PhD in the biomedical sciences. What would this get us?

 

[scylla]

Proof of funds has to be provided with the initial application package. Sometimes POF is verified again later on in the processing of the application. More information on proof of funds is provided here:

http://www.cic.gc.ca/english/immigrate/skilled/funds.asp

Your wife would need to have work experience that matches the description under 2121 to qualify. See here:

http://www5.hrsdc.gc.ca/noc/english/noc/2006/Profile.aspx?val=2&val1=2121

 

[docfaraday]

Yeah, she spent 6 years doing gene therapy research, so she fits a 2121. But, I am beginning to think that this company will balk when they realize how difficult this will be... we'll see.