Changing WP conditions

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

Changing WP conditions

Postby mave777 on Thu Jun 17, 2010 3:15 pm

Hi, I have been working in Canada as a temporary foreign worker in IT and my work permit is bound by the employer. I want to take up contract positions which makes me an independent consultant/self employed, what is the process to do that? Is it possible to have such a work permit which allows me to do so?

Thanks!
mave777
 
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Re: Changing WP conditions

Postby jati on Tue Jun 29, 2010 12:02 am

Your deduction looks very nice and I wish it's true.

I've been into the same situation as you are. Making things worse CIC issued an abrupt change in FSW prerequisite on 6/26. I'm a IT work permit (without LMO) holder and will have both 1 year NOC expecience and residency in Canada at the end of this September. Per old policy I will be eligible as temporary worker even without AEO. However, I am now worrying about my eligibility under new requirement with its ambiguous definition on arranged employment:
..........................................................................................................
1) If you are currently working in Canada:

* your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and
* your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued.

In addition:

* your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or
* you must be in a category that is exempt from an Arranged Employment Opinion

in order for your offer of employment to be valid.

2) In all other cases:

You must not be working in Canada and you either

* do not have a valid work permit or
* you have a work permit, but your circumstances are different from those described in the first example.

In this case, the offer of employment is valid if your prospective employer

* has made an offer to hire you on an indeterminate basis if you are accepted as a federal skilled worker, and
* has obtained a positive Arranged Employment Opinion from HRSDC

and you

* meet all required Canadian licensing or regulatory standards associated with the job.
..............................................................................................................

In summary:
1. For those currently working in Canada: work permit must have LMO confirmation
2. For those must not working in Canada: requires AEO from HRSDC

As you mentioned the very first question in AEO form eliminates the qualification for those who have been hired before becoming a PR. On the other hand, LMO only targets those who are applying for work permit. This suggests that not only does my case fall into neither categories, but there is no route through which I could become eligible.

Thanks for sharing your thoughts, although I cannot add to your confidence. If you have any updates regarding you case I would be eager to know.
jati
 
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Re: Changing WP conditions

Postby David on Tue Jul 06, 2010 9:34 pm

You will not be granted a work permit in the IT Worker program for self-employment. You may work in this capacity in Canada but would need to secure a work permit for each Canadian client you intend to work for.
David
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