Workpermit based immigration

[migrate2ca]

Hi,

I'm currently holding a work visa in the united states (non-us citizen / green card holder) and planning to apply for a transfer to my Ontario based office (Canadian Subsidiary registered Canada Company). I have following questions around how the Canada immigration rules applies in my case.

A bit about my self - I am a Senior Technical Architect ( maps to NOC A I assume) having total ~20 yrs of experience out of which ~13 yrs in US. No Canadian experience or education. Have two teenage kids. One graduating from high school in May 2020 and other moving on to junior year. Spouse is on H4 EAD.

My estimated CRC score is ~357 ( age is being the biggest disadvantage). So Express entry does not look positive based on the current drawings. Even with the offer in our Canada office it may add up 50 pts leaving my profile at 407.I'm keeping up the hopes and scheduled to take IELETS in Jan 2020 and also applied for WES evaluation.

Here are my questions

- Is LMIA required for intra company transfer ? My company is fortune 500 in US having a branch in ON ( 2 locations)

- If LMIA is not required, how long it is going to secure a Work Permit ? I would like to align my move with 2020-2021 academic year

- If I have been granted with Work permit and leave US, do I loose my H1B which is active till 2021 ?

- Can my elder star his undergrad there in Canada while he is a dependent on my work permit or does he must have his student permit ?

- Is he eligible for domestic tuition fee while I'm on work permit ?

- After completing one year on work permit is there an option to apply for PR under CEC ( Experience Class ) ? Is this CEC based on Express profile ? Does one year work permit based experience

- How feasible in getting a Ontario Provincial Nomination provided my company 100% supports me getting PR ?

Thanks in advance for your time with replying to my queries here.

 

[scylla]

Hi,

I'm currently holding a work visa the states (non-us citizen / green card holder) and planning to transfer to my employer's Ontario based office (Canadian Subsidiary registered Canada Company), but i and have the following questions around how the Canada immigrant rules.

A bit about my self - I am a Senior Technical Architect having total ~20 yrs of experience out of which ~13 yrs in US. Have two teenage kids. One graduating from high school in May 2020 and other moving on to junior year. Spouse is on H4 EAD.

My estimated CRC score is ~357 ( age is being the biggest disadvantage). So Express entry does not look positive based on the current drawings. Even with the offer in our Canada office it may add up 50 pts leaving my profile at 407.I'm keeping up the hopes and scheduled to take IELETS in Jan 2020 and also applied for WES evaluation.

Here are my questions

- Is LMIA required for intra company transfer ? My company is fortune 500 in US having a branch in ON ( 2 locations)

- If LMIA is not required, how long it is going to secure a Work Permit ? I would like to align my move with 2020-2021 academic year

- If I have been granted with Work permit and leave US, do I loose my H1B which is active till 2021 ?

- Can my elder star his undergrad there in Canada while he is a dependent on my work permit or does he must have his student permit ?

- Is he eligible for domestic tuition fee while I'm on work permit ?

- After completing one year on work permit is there an option to apply for PR under CEC ( Experience Class ) ? Is this CEC based on Express profile ? Does one year work permit based experience

- How feasible in getting a Ontario Provincial Nomination provided my company 100% supports me getting PR ?

Thanks in advance for your time with replying to my queries here.

- An LMIA is not required for an ICT. However to get the 50 points for having a job offer on an ICT, you must move to Canada and work in Canada for a full year first. If you want the 50 job offer points immediately, you need an approved LMIA from your employer.
- ICT will take anywhere from a few week to several months.
- H1B questions are best asked on a US immigration forum.
- Your elder will need a study permit and will be required to pay international student fees.
- No, he is not eligible for domestic tuition. He will pay international student tuition fees.
- Yes, you can apply for CEC after working in Canada for one year. However this is a points-based program as well and it has the same cut offs as Express Entry (i.e. 470+ points right now). You don't have enough to be selected.
- No idea about the Ontario program.

 

[migrate2ca]

- An LMIA is not required for an ICT. However to get the 50 points for having a job offer on an ICT, you must move to Canada and work in Canada for a full year first. If you want the 50 job offer points immediately, you need an approved LMIA from your employer.
- ICT will take anywhere from a few week to several months.
- H1B questions are best asked on a US immigration forum.
- Your elder will need a study permit and will be required to pay international student fees.
- No, he is not eligible for domestic tuition. He will pay international student tuition fees.
- Yes, you can apply for CEC after working in Canada for one year. However this is a points-based program as well and it has the same cut offs as Express Entry (i.e. 470+ points right now). You don't have enough to be selected.
- No idea about the Ontario program.

Thank you for your response.

- Are there any other possible options or pathways for applying and becoming eligible for PR after working for couple of years in Canada ?

The long term plan is to get my kids a Canadian citizenship so that they can study / work by moving between the States and Canada.

Is it possible for them to be eligible and apply for a PR with their undergrad study permit, so that by the time they complete under graduation they will be eligible for domestic tuition fee in their post grad years?

 

[canuck_in_uk]

Thank you for your response.

- Are there any other possible options or pathways for applying and becoming eligible for PR after working for couple of years in Canada ?

The long term plan is to get my kids a Canadian citizenship so that they can study / work by moving between the States and Canada.

Is it possible for them to be eligible and apply for a PR with their undergrad study permit, so that by the time they complete under graduation they will be eligible for domestic tuition fee in their post grad years?

You are going to need to research the various immigration programs to see what you qualify for.

No. They will not qualify on their own without at least one year of skilled work experience. Even then, no guarantee they will have enough points.

 

[scylla]

Thank you for your response.

- Are there any other possible options or pathways for applying and becoming eligible for PR after working for couple of years in Canada ?

The long term plan is to get my kids a Canadian citizenship so that they can study / work by moving between the States and Canada.

Is it possible for them to be eligible and apply for a PR with their undergrad study permit, so that by the time they complete under graduation they will be eligible for domestic tuition fee in their post grad years?

- You will need to look into the PNP programs since you don't have sufficient points for Express Entry / Canadian Experience Class. Each province has its own programs and requirements. There's no short cut to dedicating significant time to research if you are serious about immigrating - apart from hiring a lawyer to do this work for you.
- Zero chance your kids will qualify for PR on their own during their undergrade studies or immediately after graduating. The only way they might qualify is through you.

 

[canuck78]

Although it is easier for Canadians to access visas in the US it is far from guaranteed and we don’t know the specifics of the newNAFTA. Schooling is the same as citizens of other schools.

Given your age moving is certainly a risk. PNP programs can end up taking a few years if selected. Has you son applied for Canadian universities yet? The deadlines are coming up pretty soon.