Proof of funds exemption?

[TheScrutiniser]

Hi,

I am an Express Entry applicant, FSW (Dec 2020) who is also a work permit holder through the IEC. I have an open work permit and a job in Canada.

I have received ADR request, including an updated/recent proof of funds among other documents. I have spent a good chunk of my funds relocating to Canada, on apartment deposits, flights, furniture and no longer have the full amount required. But, I have unrestricted right to work in Canada and full-time employment.

Am I exempt from proof of funds due to job and permit? @legalfalcon

 

[Naturgrl]

Hi,

I am an Express Entry applicant, FSW (Dec 2020) who is also a work permit holder through the IEC. I have an open work permit and a job in Canada.

I have received ADR request, including an updated/recent proof of funds among other documents. I have spent a good chunk of my funds relocating to Canada, on apartment deposits, flights, furniture and no longer have the full amount required. But, I have unrestricted right to work in Canada and full-time employment.

Am I exempt from proof of funds due to job and permit? @legalfalcon

If applying through FSW, you must show proof of funds. Doesn’t matter that you are working in canada now. If through CEC, no.

 

[scylla]

If applying through FSW, you must show proof of funds. Doesn’t matter that you are working in canada now. If through CEC, no.

That's not correct.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1145&top=29

If you are invited to apply under the Federal Skilled Worker Program or Federal Skilled Trades Program, you will need to show that you meet the settlement funds requirement unless you:

• are currently authorized to work in Canada, and
• have a valid job offer from an employer in Canada.

 

[scylla]

Hi,

I am an Express Entry applicant, FSW (Dec 2020) who is also a work permit holder through the IEC. I have an open work permit and a job in Canada.

I have received ADR request, including an updated/recent proof of funds among other documents. I have spent a good chunk of my funds relocating to Canada, on apartment deposits, flights, furniture and no longer have the full amount required. But, I have unrestricted right to work in Canada and full-time employment.

Am I exempt from proof of funds due to job and permit? @legalfalcon

Per this link, you need to have a valid job offer in order to be exempt from POF:

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1145&top=29

However I'm not sure if what you have qualifies or not since you are on an open work permit (with no employer named). See the link below and hopefully someone else will confirm.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

 

[Naturgrl]

That's not correct.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1145&top=29

If you are invited to apply under the Federal Skilled Worker Program or Federal Skilled Trades Program, you will need to show that you meet the settlement funds requirement unless you:

• are currently authorized to work in Canada, and
• have a valid job offer from an employer in Canada.

But your link to valid job offer states a LMIA or if LMIA exempt (one year with your employer). So would the OP not have to show POF because he is on an open work permit?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:

• made by one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• not seasonal
• for at least one year after we issue your permanent resident visa
• in a job that is NOC:
  • Skill Type 0 or
  • Skill Levels A or B

It also must be made :

• by an employer with a new positive LMIA that approves the offer and names you and your position OR
• if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
• if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
  • have one year of full-time work experience (or an equal amount of part-time work) for that employer
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

 

[scylla]

But your link to valid job offer states a LMIA or if LMIA exempt (one year with your employer). So would the OP not have to show POF because he is on an open work permit?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Federal Skilled Workers and Canadian Experience Class
A valid job offer has to be:

• made by one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• not seasonal
• for at least one year after we issue your permanent resident visa
• in a job that is NOC:
  • Skill Type 0 or
  • Skill Levels A or B

It also must be made :

• by an employer with a new positive LMIA that approves the offer and names you and your position OR
• if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
  • you’re working for an employer listed on your work permit
  • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
  • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
• if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:
  • are currently working for an employer specified on the work permit
  • have one year of full-time work experience (or an equal amount of part-time work) for that employer
  • have a valid job offer from that employer for at least one year after we issue your permanent resident visa

Yes, agreed with this and it's in my reply to the OP. However your statement of POF being a must FSW is still incorrect as a general statement.