Hi, I got a work permit approved to work in Canada under Intercompany Transter, and hence my wife also got her open work permit approved as a dependent to me.

I currently live and work in US and I no longer plan to work in Canada, but since my wife has got this open work permit valid for 3 years, can she work in Canada without me being there?

If it requires I can enter canada once with her to validate our work permits. Please help, very urgent.

I don't have a clue where in the U.S. you are, but just in case it is close to the Canadian Border, then, there are a lot of different scenarios enter the picture.

I will try and make it a lot simpler for you. If you have a Work Permit to enter into Canada and work here, and for it to take effect, you have to enter into Canada as an Employee of the Firm that provided you with such a Work Permit. How you go about it first and after wards is left to you. By doing this you become a PR of Canada. Some might consider your actions as an abuse of the process as you no longer want to stay here and work.

But, there is always a but, by doing this, your wife also becomes a PR and having obtained a work permit for a few years and who can probably extend the same further indefinitely by obtaining a letter from Her employer at a later date, can surely stay and work and become a Canadian Citizen in due course of time.

This is surely a possibility and is worth discussing about further. We will have to delve a little bit deeper, the minute you move away from the Canadian work force. What will be her status as an Immigrant here and what does the CIC consider this act to be. If they consider this as an abandonment, then, her status here gets into jeopardy.

These are stray cases that appear here for us to discuss and needs a lot of studying and searching of the newer cases that might have come up about which details needs to get analysed and will call for some more time.

Since you are across the border and if I understood correctly, it is an interoffice transfer, there might be a few other avenues to follow and it could be worked out to suit your needs and your query. But then it gets complicated from there.

I will leave it to the others to chip in here and we will take it further.

Hope this helps you for starters.

FH.

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Originally posted by agarwalpeeyush2007.fb

Hi, I got a work permit approved to work in Canada under Intercompany Transter, and hence my wife also got her open work permit approved as a dependent to me.

I currently live and work in US and I no longer plan to work in Canada, but since my wife has got this open work permit valid for 3 years, can she work in Canada without me being there?

If it requires I can enter canada once with her to validate our work permits. Please help, very urgent.

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I do not believe that I become a PR of Canada just by entering. I am in Detroit, just a river across from Windsor, ON.

What will be her status as an Immigrant here and what does the CIC consider this act to be. If they consider this as an abandonment, then, her status here gets into jeopardy.

This is what I essentially want to know - if I leave would this be an abandonment and will her status here gets into jeopardy.

Quote:

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Originally posted by agarwalpeeyush2007.fb

What will be her status as an Immigrant here and what does the CIC consider this act to be. If they consider this as an abandonment, then, her status here gets into jeopardy.

This is what I essentially want to know - if I leave would this be an abandonment and will her status here gets into jeopardy.

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I am not concerned about her status in US.

If I leave the canadian work force, can she continue to work in Canada on her open work permit which she got when I got my work permit under ICT (Intercompany transfer). Or when I leave canada, does she become out of status in Canada as well?

With you entering Canada here on a Work Permit, will provide you with a TEMPORARY RESIDENT VISA. (TRV), it is the route to a PR, not a PR.

She enters together with you as another TRV holder. But has a Work Permit to stay and work. Her status depends upon your Status. So, if you leave Canada and move on to USA, they might consider your WP as no longer valid and in my books she has been abandoned here, which is to fend for herself.

Will she be permitted to stay and work here? She might be in a position to wangle a work permit for herself through an Employer here who is free to do so without a LMIA (O).

All of these are possibilities.

If you work across the Border and Live here in Canada, (But not work here) has never happened, that needs a discussion. Where it will head needs to be discussed.

While all of this is happening, if your wife succeeds in getting an LMIA exemption or a job that does not call for one, then, she might be able to stay here as a TRV and then a PR later, and it all depends upon the Next Employer.

Once again, it all depends upon you working in the USA across the border and LIVING here in Canada. (Windsor Area) Your commute to work is called for in this scenario.

PLEASE BEAR IN MIND... That the rules are constantly changing and there are new hurdles being placed for those who are here on a Work Visa and are TRV's. But there are a few successful cases also, that have established themselves as Permanent Residents here.


FH.

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Quote:

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Originally posted by agarwalpeeyush2007.fb

I do not believe that I become a PR of Canada just by entering. I am in Detroit, just a river across from Windsor, ON.

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