- Sep 21, 2015
- Visa Office......
- NOC Code......
- App. Filed.......
- Doc's Request.
- AOR Received.
- Med's Done....
- Passport Req..
- VISA ISSUED...
You have raised a lot of questions. Here is a step by step answer:Hi @legalfalcon , I really need your guidance in my case. This topic has been widely discussed across forums but I'll still appreciate if you could spare some time to advise me. I'm currently working full time in Montreal since February last year on closed work permit. Even before I accepted the job offer in Montreal, I requested my employer for Toronto location but they cared least about my request. However, I took this job offer to eventually gain points towards Canadian experience class.
Soon I realized that I wouldn't qualify for express entry as I live in Quebec and to respect provincial & federal laws, I applied for CSQ last year in May but my application along with other 18000 applications were cancelled this year in January.
Now I'm really anxious in terms of my residence stability considering ongoing immigration instability in province and Quebec skilled worker program in disarray.
I do have an ITA from express entry and I intend to submit my documents in couple of weeks from now. As I understand, I'll have to write a letter of intention to reside outside of Quebec. I am applying for jobs outside Quebec and I'm receiving interests from employers to hire me but they take a step back as soon as they know about my status in Canada which is closed work permit. They even recommend me to obtain PR first and then they would be happy to hire me. I have all this written in emails from employers.
I will write a letter of intent but I'm not sure if that would cut it unless I provide a strong proof such as Ontario lease agreement/letter from bank that I am transferring my account to Ontario.
Also, my work permit will expire next year by Feb, 2020. If I don't have COPR by September/October this year, my employer will start the process of work permit renewal. Will this be a problem to my PR application because in my PR application, I'm trying to show my intentions to leave Quebec, whereas on the other hand, employer is renewing my work permit in Quebec. Although, my priority is obtaining PR and not my job and if need be, I will happily resign but that will invalidate my status. I'm not sure what status I will have once I terminate my employment.
Also, is it possible to apply for BOWP as I will be submitting my PR application under CEC? I'm aware that Quebec residents are not eligible. Will I have to move my residence outside Quebec to get BOWP?
BOWP requirements merely say "Quebec residents are not eligible for a bridging open work permit. Instead, if you hold a valid Certificat de sélection du Québec, you may be eligible for an employer-specific work permit under Labour Market Exemption code A75."
It doesn't talk about applicants who don't hold a valid CSQ and have applied under CEC class. This also doesn't clearly indicate the meaning of term "resident". Does it simply indicate towards address in a province or resident is widely understood as tax resident?
Thanks for reading. I'm aware it was long but I'm loosing my sleep over it and would really appreciate your guidance. Should I also consult an immigration attorney and get my express entry application represented by a law firm? Thanks
1. It is true that you have to demonstrate your intention to reside outside Quebec if your apply under FSW. See https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAgaW50ZW50IHF1ZWJlYyBtY2dpbGwgaW1taWdyYXRpb24AAAAAAQ&resultIndex=2
Your letter of explanation has to be precise and should have logical persuasive explanation.
2. BOWP - if you have a QC WP, you cannot apply for BOWP, however, you can extend your current WP. This is because of the special status QC has. If you accept QC benefits, then you have to play by the QC rules. The term "resident" has been defined numerous times in law, and has different meaning depending on the law in use. Eg. a resident under tax law is different from resident under Immigration law. If you are residing in QC, have a QC DL, and are registered for QC provincial medical, you are a QC resident.
IF you have any more questions, feel free to ask.