Question & Answer – Location of Rehab Application (IR-09)

6th Oct 2013 Comments Off on Question & Answer – Location of Rehab Application (IR-09)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding criminal rehabilitation applications.  Criminal rehabilitation applications are the process through which certain criminally inadmissible individuals can apply to become admissible to Canada, and resolve their inadmissibility.

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  Please e-mail me if you want a copy of the original question and answer contained in the ATI.

Question – May 20, 2013

Dear Madam, Sir,

My client is a foreign national who filed a PR application based on the spousal category from outside Canada (i.e. in CPC Mississauga). He also needs an Approval for Rehabilitation, however, and is currently temporarily in Canada on a TRP.

At the Immigration Summit last November in Toronto, I heard a GIC representative suggest that the PR sponsorship and the Rehab should be submitted together to CPC Mississauga. Therefore, that is what I did for my client. However, CPC Mississauga returned the Rehab application, stating that I need to file it in the correct visa office.

Can you please advise where the Rehab needs to be filed? Since I plan to renew my client’s TRP through Vegreville, should I file the Rehab there at the same time?

Thank you for your guidance.

Answer – May 24, 2013

Good day and thank you for your question.

Rehabilitation applications can be sent to regional Citizenship and Immigration Canada (CIC) offices if the client is in Canada or to an overseas visa office,

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Question & Answer – Renewing IEC Work Permit (IR-08)

2nd Oct 2013 Comments Off on Question & Answer – Renewing IEC Work Permit (IR-08)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada (“CIC”) regarding International Experience Canada (the “IEC”).  The IEC, more commonly known as the Working Holiday Program (which is actually a program within the IEC), allows young people from several dozen countries to work in Canada on open work permits.  As with any program, questions emerged regarding specific requirements, including whether IEC work permits can be extended.

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal CIC question and answer through an Access to Information Act request the (“ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  Please e-mail me if you want a copy of the original question and answer contained in the ATI.  

Question – May 13, 2013

Dear Sir or Madam:

I wish to seek your advice concerning the following situation.

I have a client, an _______, who came to Canada on a work permit issued to him on ___________ through the International Experience Canada (IEC) program. His work permit is valid to  through the

My client wishes to obtain a renewal of his work permit prior to its expiry. As a result, I would like your advice as to whether he can submit a direct request to CIC Vegreville for an extension of his work permit or does he need an approved labour market opinion from Service Canada in order to submit an extension request of his work permit to CIC Vegreville so he can continue working in Canada.

I await your reply.

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Question & Answer – Post Grad Work Permit Continuity (IR-07)

30th Sep 2013 Comments Off on Question & Answer – Post Grad Work Permit Continuity (IR-07)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Post-Graduation Work Permits.  The Post-Graduate Work Permit is a phenomenal program which allows graduates of Canadian post-secondary students to work in Canada on open work permits.  It is not clear, however, whether people who complete a program, and then go into another program that they don’t complete, are eligible. 

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 18, 2013

Dear Madam I Sir,

I have a question about post-graduate work permits and Operational Bulletin 194. http://www. cic. qc. ca/english/resources/manuals/bulletins/20 1 0/ob 194A. asp

OB 194 is clear that when an individual completes a credential, and then earns another credential immediately after completing the first, then the individual can combine the duration of the two programs when calculating the length of validity his/her post-graduate work permit

My question pertains to the opposite scenario. Where an individual completes a credential, and then immediately starts a different program but does not complete it, then is that individual able to get a PGWP for his first program even though it has been more than 90 days?

For example, if someone completes a B Eng and instead of getting a PGWP enrolls in a M Eng program, but part way through the M Eng. program decides that they do not want to complete it, then can that person get a PGWP valid for three years because they completed the bachelors and has always been in Canada on study permits?

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Question & Answer – Open Bridging Work Permits and Spouses (IR-06)

25th Sep 2013 Comments Off on Question & Answer – Open Bridging Work Permits and Spouses (IR-06)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding open bridging work permits.  One of the best things that Jason Kenney did as immigration minister was to allow individuals to apply for open work permits if their permanent residence applications had reached certain stages in processing.  (A detailed blog post of mine on Bridging Open Work Permits can be found here.)  As with any new program, questions emerged regarding specific requirements of the Bridging Open Work Permit, including whether spouses can apply.  This is actually the second Q&A on open bridging work permits which I have reproduced.  The first can be found here

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 14, 2013

Hello,

Could you tell me if Open Bridging Work Permits also apply to spouses of work permit holders?

Thank you.

Answer – May 22, 2013

NO, the Bridging Work Permit is only available to the Principal Applicant.

However, if certain conditions are met by the principal applicant, they will impact the eligibility for the spouse for an
open work permit.

In all cases the Principal Applicants work permit must be valid for longer than 6 months.

For spouses of Federal Skilled Workers, the principal applicant must be performing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels 0, A or B.

For spouses of Provincial Nominee applicants,

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Questions & Answers – Arranged Employment

16th Sep 2013 Comments Off on Questions & Answers – Arranged Employment

Last updated on February 13th, 2019

The following are two e-mail exchanges between immigration representative and Immigration, Refugees and Citizenship Canada (“IRCC”) regarding arranged employment.  The Federal Skilled Worker Program allows certain individuals employed in Canada without a Labour Market Opinion to qualify for Arranged Employment.  As well, Arranged Employment can result in betwee.

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 28, 2013

Hello,

Could you please confirm if the intra-company work permit holders in Canada can be considered to have arranged employment under the new rules (as of May 4th 2013) and could submit a FSW application based on the fact they hold ICT work permit and have an indeterminate job offer from the same employer.

Answer – May 28, 2013

Intra-company transferees in Canada who hold a valid work permit which is exempt from the Labour Market Opinion (LMO) requirement under R204(a), are working for an employer specified on the work permit and have a qualifying offer of arranged employment from the same employer are eligible to apply under the arranged employment stream under the Federal Skilled Worker Program under the new rules which came into effect on May 4, 2013 [R82(2)(b)].

All other intra-company transferees who hold a valid work permit which is LMO-exempt under R205 would also be eligible to apply provided they had a qualifying offer of arranged employment from their prospective employer, and that employer had obtained a positive LMO [R82(2)(d)].

The second questions are:

Candidate on an open work permit for a Canadian employer in a NOC 0,

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Questions & Answers – Canadian Experience Class

13th Sep 2013 Comments Off on Questions & Answers – Canadian Experience Class

Last updated on February 7th, 2019

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding the Canadian Experience Class.  The Canadian Experience Class allows individuals with one-year skilled work experience in Canada to apply to immigrate.  As with any program, questions emerged regarding specific requirements, including whether work in Canada for a foreign employer count towards the one-year requirement.

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 28, 2013

Dear Sir / Madam,

I was wondering if you might be able to provide some guidance regarding a CEC application.  I have a client (foreign worker) who has a valid work permit (initially under C10 and then with supporting LMO) where the employer is a foreign company but does not have any operations in Canada.  The foreign employer is hoping to open up an office in ____ but in the meantime, has the foreign worker attending various client business meetings pitching for potential engagements of the foreign company and providing some consulting services.  The foreign worker is working full time hours in Canada and holds a functional manager position (NOC 0) and would (in my opinion) otherwise qualify for CEC but it is not clear whether his Canadian work experience over the past year would qualify as he has been working for a foreign company. 

I cannot find anything in the guide, operational manual, website or checklist that would exclude him, however, the situation did strike me as unusual and I wanted to confirm this issue before preparing the CEC application. 

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Question & Answer – Open Bridging Work Permits (IR-01)

12th Sep 2013 Comments Off on Question & Answer – Open Bridging Work Permits (IR-01)

The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding Bridging Open Work Permits.  One of the best things that Jason Kenney did as immigration minister was to allow individuals to apply for open work permits if their permanent residence applications had reached certain stages in processing.  (A detailed blog post of mine on Bridging Open Work Permits can be found here.)  As with any new program, questions emerged regarding specific requirements of the Bridging Open Work Permit, including whether there are exceptions to the 4 month time-frame.

Please note that what I have reproduced below should not be viewed as legal advice.  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.

Question – May 27, 2013

Dear Sir / Madam,

I would like to enquire about the time of an application for an open Bridging Work Permit.  In Operational Bulletin 485, dated December 15, 2012, it is noted that the processing office will confirm upon receipt of an application that:

  • The PR applications under one of the classes (CEC, PNP, FSWP) has been found eligible;
  • the applicant is currently in Canada; and
  • it is confirmed that the applicant currently holds a valid WP that will expire within the next 4 months and there are no other issues of concern.

For an applicant who has been found eligible for Permanent Residence as FSWP, whose Work Permit does not expire until ___ but has recently been laid off, is there an exception to the 4 month timeframe which would allow them to file an Open Bridging Work Permit application now in 2013,

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