Permanent Resident Visa Query

[virajrao]

Hi,

What happens i make an PR application and we are in half way in process and my existing company asks me to go to India. Is it mandatory for me to stay in Canada till the visa process is completed or can i complete the remaining visa process from overseas. Its very complicated situation and would like to understand its implications for the same. Currently am on an Work permit.

Regards,
Viraj Rao

 

[explorer101]

Hi,

What happens i make an PR application and we are in half way in process and my existing company asks me to go to India. Is it mandatory for me to stay in Canada till the visa process is completed or can i complete the remaining visa process from overseas. Its very complicated situation and would like to understand its implications for the same. Currently am on an Work permit.

Regards,
Viraj Rao

Your going back to India would not effect the outcome/ processing of your application in Canada. However make sure that someone at the old address is there to collect the communication from CIC or you can get the address changed also. There can be some problem in submitting the Passports at the last stage.

 

[jes_ON]

IT DEPENDS ...

depends if you apply as SW1 (list of 29) or SW2 (Arranged Employment). If you are SW2 (arranged employment) it could be a problem because the offer of permanent employment IN CANADA must remain valid until you obtain the PR visa; further, if you qualify for arranged employment based on a job offer while working under a temporary work permit, the TWP must also be valid at the time the the PR visa is issued...

For SW2 see the following:
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

 

[virajrao]

Hi,

Am working from an Indian IT company which has office in Toronto. I have received offer letter out here stating my salary. If i need to go back to India, i would be going to same parent company. I hope in this case, there should not be any issue, if i need to head back home.

Regards,
Viraj Rao

 

[jes_ON]

So, if I understand you correctly, you are SW2. Unless you can argue that your trip to India is a temporary assignment (e.g. job-related travel while still working for the Toronto office), then I think your application would be in jeopardy.

You would have to maintain your work permit, maintain your residence in Canada, and maintain your employment with the Toronto office.

So in answer to your original question, yes, it is mandatory to stay in Canada until the visa is processed. That does not mean you cannot travel to visit or for business, but you cannot relocate back to India or you will lose your eligibility.

 

[virajrao]

Thanks for the feedback.

Regards,
Viraj Rao