My friend did his PR landing around 2017/01/15, and went back to US immediately. Due to some issues he couldn't move to Canada until yet. Now, his employer is offering to transfer him to their Canadian branch.
He doesn't met the RO requirements anymore (since he spent more than 3 years outside Canada). What are his options to move to Canada now? Can someone provide their opinion on following options:
1) Come on existing PR, there is a risk of CBSA officer noticing that he didn't meet residency requirements, and can report him. If so, he can loose his PR. Even if officer doesn't report him, it would not be advisable for him to leave Canada for few years (until he renews his PR). That travel restrictions might not be acceptable to him (as his employer might want him to travel to US).
2) Make H&C application. If approved, he can retain his PR and also make short trips outside Canada. However, he might not have a strong case. Not sure if any argument can be made for delay in moving due to COVID.
3) Renounce the PR. Ask employer to apply for intra-company transfer to Canada and apply for Canadian Work Permit. Parallely apply for new PR through express entry again.
1. I'm not very knowledgeable about how the system works when you haven't fulfilled your RO and you enter Canada and aren't reported, so i'll leave that to someone else. I'm assuming you'll only trigger another RO count when you try to apply for a PR card. The border agent will know if you haven't fulfilled your RO, but whether or not you'll be reported is up to their discretion.
2. He won't have a strong case, covid is not a good enough reason. It's clear he didn't prioritise settling in Canada during this period, unless he can demonstrate very good reasons for not doing so, it's not going to work.
3. If he needs to move around, that might be the best solution. If he is committed to remaining in Canada and fulfilling his next count in the 5 years before he applies for another PR card, it would be better not to renounce. That is provided he isn't reported for non-compliance for RO when he enters Canada.
My friend did his PR landing around 2017/01/15, and went back to US immediately. Due to some issues he couldn't move to Canada until yet. Now, his employer is offering to transfer him to their Canadian branch.
He doesn't met the RO requirements anymore (since he spent more than 3 years outside Canada). What are his options to move to Canada now? Can someone provide their opinion on following options:
1) Come on existing PR, there is a risk of CBSA officer noticing that he didn't meet residency requirements, and can report him. If so, he can loose his PR. Even if officer doesn't report him, it would not be advisable for him to leave Canada for few years (until he renews his PR). That travel restrictions might not be acceptable to him (as his employer might want him to travel to US).
2) Make H&C application. If approved, he can retain his PR and also make short trips outside Canada. However, he might not have a strong case. Not sure if any argument can be made for delay in moving due to COVID.
3) Renounce the PR. Ask employer to apply for intra-company transfer to Canada and apply for Canadian Work Permit. Parallely apply for new PR through express entry again.
Incorrect. That's not how this rule works. To be able to count time spent outside of Canada towards PR through working for a Canadian company, you first have to be hired for a permanent role in Canada by that Canadian company. At a later date, you then have to be transferred to a temporary role outside of Canada with that same company.
OP never spent time in Canada. So not possible to count the time outside of Canada towards PR. He doesn't meet the basic criteria to be able to do this.
Quick update: He got his PR renunciated (as he didn't wanted to take the risk of being reported at border, and then restriction of no international travel for few years) (it took ~2.5 weeks for renunciation application to be processed). He is in conversations with his employer for the work visa filing. It would be inter-company transfer from US branch to Canadian branch of same company.
Few question:
1) has IRCC re-started processing work permit applications after it stopped due to COVID?
2) would the work visa require LMIA or would it be LMIA exempt (for inter-company transfer)?
3) which visa category/stream he would be applying under? would it be Global skills strategy? or regular work permit application? He is employed in managerial position in a tech company in US.
4) what's the average processing time for the that category? Also, is there a way to expedite the application (e.g.: 2-week processing)?
