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legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
hi @legalfalcon

please advise on my situation

Background : My employer is in Toronto and has sent me temporarily to client's location in Montreal. I applied for PR in CEC and provided the LOE explaining the same. I got COPR on 30 march

Question :
1. How soon I have to leave quebec, the contract with this client is supposed to end this year in December
2. To whom I have to convey that I am here temporarily and will eventually move to Toronto where my employer is
3. Can I apply for SIN from Montreal, Quebec in this case
4. Can I apply for RAMQ Health Card in this case
Answered this on another thread.
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello @legalfalcon, any input or directions will be very highly appreciated. Here is my scenario:
I am an Indian citizen (current country of residence: US) dental professional trained in US & certified/eligible for license in Canada. My EE FSW (NOC 3113) application has been submitted since 8 Sept 2020 and currently in processing delays. I have a full time employment offer from an employer in Canada. My employer and I wanted to explore the work permit option (as recommended by you on one of the forum posts) and not wait for EE at this time due to unforeseen delays. I had a couple of questions for the work permit process:
1. How do I determine if a LMIA will be needed or will it be exempt?
2. What kind of work permit would be applicable in this case?
3. What is the processing timeline for such kinds of work permit application?
I will really appreciate your response and kind help. Thank you very much for helping all of us with all your insights & experience. It has been a big help even before I made my profile & started the EE journey.
Thanking you in advance for your time!
It is your employer who has to get the paper work done and provide it to you so that you can apply for a work permit and will be based on what position the employer is filing.

Basic info is available at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html
 

Staysafe

Member
Feb 25, 2021
12
0
@ Legalfalcon
Please help me with opinion/advice:

For the new Temporary Public Policy, I qualify for the International Graduate route with 40,000 cap if I can submit quickly within the cap limit.

I also think I qualify for the Essential Workers in Health Related Occupations (as my NOC is 4212 - Social and Community Service Worker and is mentioned in this route) with a cap of 20,000

However, I do not know if my NOC 4212 work being mentioned is enough or they would insist it is for those handling medical/hospital related cases (Please note the confusion as my 4212 work is involved in helping / counselling people with employment and social benefits during this Covid but not people that are hospitalized).

So should I target the cap 40,000 route (which I think might fill faster because many working graduates will qualify) or the cap 20,000 route?

I do know the full details how this policies will be processed are not out, but I would be grateful for any views / advice.
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@ Legalfalcon
Please help me with opinion/advice:

For the new Temporary Public Policy, I qualify for the International Graduate route with 40,000 cap if I can submit quickly within the cap limit.

I also think I qualify for the Essential Workers in Health Related Occupations (as my NOC is 4212 - Social and Community Service Worker and is mentioned in this route) with a cap of 20,000

However, I do not know if my NOC 4212 work being mentioned is enough or they would insist it is for those handling medical/hospital related cases (Please note the confusion as my 4212 work is involved in helping / counselling people with employment and social benefits during this Covid but not people that are hospitalized).

So should I target the cap 40,000 route (which I think might fill faster because many working graduates will qualify) or the cap 20,000 route?

I do know the full details how this policies will be processed are not out, but I would be grateful for any views / advice.
I am not privy to your documents or you job duties.

You can read the details https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/trpr-canadian-work-experience.html

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/trpr-international-graduates.html
 

John080490

Full Member
Jan 23, 2019
22
6
Good day legalfalcon! Hope all is well. Just want to ask for your insights. Under the international graduates stream, one requirement stated in the policy is one has to be employed. And the the employment should meet the definition of work under the subsection 73(2) of the Regulations which only stated that “work means an activity for which wages are paid or commission is earned.” It does not specify if it is full time or part time. So I believe that part time is still acceptable. What do you think?
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Good day legalfalcon! Hope all is well. Just want to ask for your insights. Under the international graduates stream, one requirement stated in the policy is one has to be employed. And the the employment should meet the definition of work under the subsection 73(2) of the Regulations which only stated that “work means an activity for which wages are paid or commission is earned.” It does not specify if it is full time or part time. So I believe that part time is still acceptable. What do you think?
As far as reading it, part time will be included. At least that is what the plain and simple interpretation is.
 

John080490

Full Member
Jan 23, 2019
22
6
As far as reading it, part time will be included. At least that is what the plain and simple interpretation is.
Thank you legalfalcon for the response. A lot of people have different opinions concerning this. However, I would like to believe that both are acceptable since IRCC only requires the applicant to be employed.
 

Gunik1123

Star Member
Jul 20, 2019
69
6
Hello @legalfalcon Sir ,

I had been receiving salary by cheque from my employer since my joining date every month and depositing that cheque in my bank account. My Company doesn't issue any payslip to any employee. I received reference letter from my employer mentioning my yearly salary and other employment details as per IRCC format.
My query is that whether receiving salary by cheque will cause any issue regarding proving my employment?
 

CAD_CAD

Star Member
Feb 3, 2016
56
2
Hello LegalFalcon,

An outland PNP applicant (PNP from BC) just got married to a PR holder from a different province (Manitoba). We just added the spouse (who holds PR) to the outland PNP application (Express Entry) as it is required to inform about the spouse. Should we expect the immigration officer ask proof that the couple will live in BC? Or it doesn't matter at this stage (Express Entry application at the final stage - final decision pending only) and the immigration officer wouldn't ask where will the couple live (BC vs Manitoba)? No spousal application has been submitted, the spouse (PR holder) has been added to the outland PNP application only.

Thank you,

CAD
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thank you legalfalcon for the response. A lot of people have different opinions concerning this. However, I would like to believe that both are acceptable since IRCC only requires the applicant to be employed.
The legal interpretation is all about simple and plain meaning. I explained this in detail in another FB group .

As per the regulations, work is defined as
"Work means an activity for which wages are paid or commission is earned."
Even though 73 (1) talks about, full-time work, but the specific reference to 73(2) would include both, part time and full time.
As we come closer to may, more clarity on the procedures will be there, but as of now, contrary to any clause, it includes both, part time and full time.
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello @legalfalcon Sir ,

I had been receiving salary by cheque from my employer since my joining date every month and depositing that cheque in my bank account. My Company doesn't issue any payslip to any employee. I received reference letter from my employer mentioning my yearly salary and other employment details as per IRCC format.
My query is that whether receiving salary by cheque will cause any issue regarding proving my employment?
It has no impact. You can also include your tax returns and bank deposits.

Only if your are employed in Canada, you will need to provide T4s and Tax assessments.
 

legalfalcon

VIP Member
Sep 21, 2015
15,064
7,867
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello LegalFalcon,

An outland PNP applicant (PNP from BC) just got married to a PR holder from a different province (Manitoba). We just added the spouse (who holds PR) to the outland PNP application (Express Entry) as it is required to inform about the spouse. Should we expect the immigration officer ask proof that the couple will live in BC? Or it doesn't matter at this stage (Express Entry application at the final stage - final decision pending only) and the immigration officer wouldn't ask where will the couple live (BC vs Manitoba)? No spousal application has been submitted, the spouse (PR holder) has been added to the outland PNP application only.

Thank you,

CAD
No proof will be asked. The requirement to stay is the nominated provide is only for the PA, and not the spouse or other dependents.

See https://bit.ly/3eiwzFF
 

John080490

Full Member
Jan 23, 2019
22
6
The legal interpretation is all about simple and plain meaning. I explained this in detail in another FB group .

As per the regulations, work is defined as
"Work means an activity for which wages are paid or commission is earned."
Even though 73 (1) talks about, full-time work, but the specific reference to 73(2) would include both, part time and full time.
As we come closer to may, more clarity on the procedures will be there, but as of now, contrary to any clause, it includes both, part time and full time.
Thank you! Would you be able to share with me the link of FB page?
 

td88

Hero Member
Aug 8, 2019
397
299
Dear @legalfalcon ,
I've got DM on Saturday Apri 10,2021 on ECAS. Nothing's changed in Gckey since then. I called IRCC on Monday April 12 to ask about that, they only told me that I would be receiving something soon within several weeks. I don't know how long it will take... Do you know the normal waiting time from DM to COPR?

Thank you for your time.