Intra Company Transfer

[CCT]

Hi Everyone,

I hope someone can help me understand my options.

I first came to Canada in Sept 2008 on a 1 year work permit, I extended for another year in Sept 2009. In August 2010 I applied for an Intra Company Transfer from a company I had worked for in the UK prior to coming to Canada and because I had worked for them a minimum of 1 year in the past 3 I was granted a positive decision to work for the Canadian subsidiary for 3 years. My Intra Company Transfer Work Permit expires in Sept 2013.

I am now ready to apply for PR which has taken me quite sometime to scored the required 16 pts from IELTS to get me the minimum 67pts required.

I believe it will take 2 months for CIC to acknowledge my PR by which time my work permit will have expired.

My company is going through a tough time and have decided to close the Canadian subsidiary, can I apply for a new work permit for the company that I originally worked for when I first came to Canada? or Can I stay in Canada until CIC acknowledge my PR application? After CIC acknowledge my application can I apply for an open work permit? or Do I have to leave Canada in Sept before my Work permit expires?

Thank you for taking the time to read.

CCT

 

[marsiangal]

You can apply for an OWP once you have received eligibility or first stage approval. You can even include this with your PR application and they will process it once you reach that stage in the meanwhile you are on implied status. However it may have to be as a visitor. You will have to check on that.

As per CIC website:
Who can apply for an open work permit?

You may be eligible to apply for an open work permit if you are in one of the following situations:

You are already working in Canada and your application for permanent residence has been approved under one of the following :
Spouse or Common-law Partner in Canada class
Live-in Caregiver Program
Federal Skilled Worker Program
Canadian Experience Class
Provincial Nominee Program
Federal Skilled Trades Program
humanitarian and compassionate grounds


http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17

 

[CCT]

So, send the OWP application with my PR and this means I am on implied status as a visitor until they inform me of first stage approval, wow that's great, thank you marsiangal

 

[PMM]

Hi

Basically yes. Although technically you are on implied status until you receive a decision on the work permit application. So get the work permit. (It is after the eligibility.)

Goodluck!

Re-read the section that you quoted. The OP's application would not have received aor before his work permit expires. So he would not be able to get a BOWP. By the way, his PR application would be going to Sydney, Sydney doesn't process student/visitors/work permits, Vegreville does.

 

[marsiangal]

I know he needs the AOR before being eligible for an OWP. I guess I failed to realize that his application goes to Sydney not Vergreville.
Thanks for clearing that up. Sorry CCT.

So I guess rather than correcting me what would be the best advice for this fellow.
Thanks!

 

[PMM]

Hi

I know he needs the AOR before being eligible for an OWP. I guess I failed to realize that his application goes to Sydney not Vergreville.
Thanks for clearing that up. Sorry CCT.

So I guess rather than correcting me what would be the best advice for this fellow.
Thanks!

1. New LMO, new work permit is probably the only route if he wishes to continue working.

 

[CCT]

Thank you both very much,

If my original employer of 2008 gets a new LMO, can I apply for a WP to work there and would I have implied status if I apply prior to my existing WP expiring? I read somewhere that there is a 4 year maximum work permit period for standard WP, would this effect me because I worked 3 years as an intra company transferee for another company after 2 years on a standard WP.

Thanks,
CTT

 

[jes_ON]

Thank you both very much,

If my original employer of 2008 gets a new LMO, can I apply for a WP to work there and would I have implied status if I apply prior to my existing WP expiring?

Yes and yes.

I read somewhere that there is a 4 year maximum work permit period for standard WP, would this effect me because I worked 3 years as an intra company transferee for another company after 2 years on a standard WP.

The clock started ticking April 2011, regardless of how many years you had already been here, the 4 years is not retroactive (before April 2011). It might affect the length of time on a new work permit, but after you submit your CEC application and get your AOR, you would be eligible for the BOWP regardless of how many years (it is exempt from the 4 year limit).

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp

 

[CCT]

Thank you so much Jes_ON I really appreciate the time you have taken to help.

Regards,
CCT