Express Entry - Dilemma!

[jen2810]

So I've been in Canada on an IEC Work Permit since October 2013 (I'm now into my second & final year), and I've been looking to apply for residency under the CEC program as soon as I'm eligible for as long as I've been here.

I'm eligible towards the end of February, as it's then a year since I've started my current job (which is permanent, full-time) which falls under NOC 1312 (Skill Level B), so under the old process, I would have been able to apply under CEC no problem. Now that express entry is in place, my work are now going to have to re-advertise my job in order to obtain a LMIA...

I haven't yet completed my English test, I'm doing that on Friday, but based on the points guideline on the CIC website, I should get around 400 points which I doubt would be enough to be invited to apply...

My work are very reluctant to advertise my job again, simply because it's not easy for them since all of their postings have to be approved by their head office in the US, and if someone who was more suitable for the job came along I could end up losing my job... They asked that I speak to an immigration lawyer (which I told them would not be any use, since I'd spoken to CIC who advised there was no way to get around the LMIA..), they put me in touch with one who told me my only other option would be to get married :-X eh, no.

I think my only other option would be to find another job, which isn't going to be easy since I have around 9 months left on my current visa and I'm going to have to ask them to go through the process which my current employer won't even do...

I'm just looking for a bit of advice and to see if anyone has any other suggestions.

Thanks!


Jen

 

[hopeful.ad]

why don't you go via provincial nominee program?

 

[jen2810]

why don't you go via provincial nominee program?

I'm sure under PNP they would still need to advertise my job and show that there were no suitable Canadians right?

 

[hopeful.ad]

its vary from province to province...like I am from SK and I have discussed with the people..in provincial programs its not that hard as hard in Express entry programs..you better study your provincial nomination requirement.

 

[doubleym]

I'm sure under PNP they would still need to advertise my job and show that there were no suitable Canadians right?

I don't think it's the same everywhere.

For example here in BC, with the new PNP EE stream there is no requirement for you to have an LMIA or for the employer to advertise. In the form they have to fill out they need to state if they have been hiring for the role etc but they can say no, write a reason why, provide a letter of recommendation, state what advantages hiring you has etc.

 

[Nightrocker]

Again, what is the processing times for PNP applications? 5-6 months, I guess.

 

[doubleym]

Again, what is the processing times for PNP applications? 5-6 months, I guess.

Do you mean PR application via PNP, or application for the PNP nomination itself?

PR applications are supposed to be within 6 months under EE, for FSW/CEC/PNP.

 

[mf4361]

its vary from province to province...like I am from SK and I have discussed with the people..in provincial programs its not that hard as hard in Express entry programs..you better study your provincial nomination requirement.

I though Sask. PNP (assuming you are existing work permit stream?) requires LMIA and Province Approval letter, is that right? Which makes this worse than CEC thru express entry.

But yes, requirement for province nomination is different between provinces.

 

[jen2810]

So I've been reading up on this (I'm in Ontario) and it seems like if I obtain a Provincial Nominee Certificate from Ontario this can substitute the job offer for the 600 points I'd need to apply through express entry? The only downside is the cost, but if it's the only other option I have then it'll just have to do... I just want to make sure I'm understanding this right before I go ahead and do anything.

If anyone has got a Nominee Certificate before... would my work have to advertise the job again, or can it be based off of the information from when I first applied for the job in 2013?

 

[hopeful.ad]

I though Sask. PNP (assuming you are existing work permit stream?) requires LMIA and Province Approval letter, is that right? Which makes this worse than CEC thru express entry.

But yes, requirement for province nomination is different between provinces.

Sask nomination requires province approval letter but not LMIA for PGWP holders

 

[mf4361]

Sask nomination requires province approval letter but not LMIA for PGWP holders

Nervermind. I was looking at Existing work permit stream. [1]

I think you are referring to Student stream (correct?)

[1]
http://www.economy.gov.sk.ca/immigration/existing-work-permit
- Have worked for more than six months, for the employer offering you the job, under a valid work permit issued by Citizenship and Immigration Canada (CIC) which has been supported by: a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC); or an exemption under the North American Free Trade Agreement (NAFTA), a Canadian signed Free Trade Agreement; or the International Experience Canada (IEC) program.

 

[hopeful.ad]

Nervermind. I was looking at Existing work permit stream. [1]

I think you are referring to Student stream (correct?)

[1]
http://www.economy.gov.sk.ca/immigration/existing-work-permit
- Have worked for more than six months, for the employer offering you the job, under a valid work permit issued by Citizenship and Immigration Canada (CIC) which has been supported by: a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC); or an exemption under the North American Free Trade Agreement (NAFTA), a Canadian signed Free Trade Agreement; or the International Experience Canada (IEC) program.

Yes mf4361..I was talking about student stream and for work permit stream, it should be supported by the positive LMIA.

Thanks

 

[jes_ON]

I'm eligible towards the end of February, as it's then a year since I've started my current job (which is permanent, full-time) which falls under NOC 1312 (Skill Level B), so under the old process, I would have been able to apply under CEC no problem. Now that express entry is in place, my work are now going to have to re-advertise my job in order to obtain a LMIA...

I haven't yet completed my English test, I'm doing that on Friday, but based on the points guideline on the CIC website, I should get around 400 points which I doubt would be enough to be invited to apply...

This is a myth. CIC will have different types of draws, some specific to each program class (e.g. CEC), so your "competition" would be with others in the same boat. In other words, don't let the lack of "arranged employment" points stop you from applying!

I think my only other option would be to find another job, which isn't going to be easy since I have around 9 months left on my current visa and I'm going to have to ask them to go through the process which my current employer won't even do...

Looking into your PNP program is a good alternative...

 

[jes_ON]

So I've been reading up on this (I'm in Ontario) and it seems like if I obtain a Provincial Nominee Certificate from Ontario this can substitute the job offer for the 600 points I'd need to apply through express entry? The only downside is the cost, but if it's the only other option I have then it'll just have to do... I just want to make sure I'm understanding this right before I go ahead and do anything.

If anyone has got a Nominee Certificate before... would my work have to advertise the job again, or can it be based off of the information from when I first applied for the job in 2013?

The relationship between PNP programs and EE is murky at the moment. I believe as of right now, Ontario PNP is not participating in EE, but the regular program continues. It is a PITA but you would (eventually) be eligible for a new work permit...

Information for Employers is on the Opportunities Ontario website. I don't believe there is an advertising requirement.
http://www.ontarioimmigration.ca/en/pnp/OI_PNPEMPLOYERS.html