FSW application at the same time with temporary work permit application

[WowOmgSuchVisa]

Hi guys. I had applied for a FSW outland application with AOR Jan 7 2017 and still waiting with eligibility "review in progress".

I met the points without a job offer so I applied without one.

I have since been offered a job from a large Canadian employer and they set me up with an immigration lawyer so that they could get me an LMIA and apply for a temporary work permit.

I've been told that temporary work permits are processed within 2 to 4 months and looks like my FSW application will take further.

Moreover, I was told that having the FSW application in process at the same time with the temporary work permit application may jeopardize my chances of getting the temporary work permit because it appears that even though an FSW application doesn't by itself constitute intent to stay, the visa officer must be convinced that I won't overstay my temporary permit should it expire. Which will subject me to additional scrutiny during the temporary work permit processing.

So they're advising me to withdraw my FSW application. I was told that I'll be sponsored for permanent residence should I stay with this firm for 6 months. Which I most likely will.

My thought was that if I could instead use this job offer to fast track my FSW application, it'll the best outcome for me and it'll be less work for every party involved.

What do you guys think? Thanks for the answers in advance.

Cheers

 

[gatorengineer]

Hi guys. I had applied for a FSW outland application with AOR Jan 7 2017 and still waiting with eligibility "review in progress".

I met the points without a job offer so I applied without one.

I have since been offered a job from a large Canadian employer and they set me up with an immigration lawyer so that they could get me an LMIA and apply for a temporary work permit.

I've been told that temporary work permits are processed within 2 to 4 months and looks like my FSW application will take further.

Moreover, I was told that having the FSW application in process at the same time with the temporary work permit application may jeopardize my chances of getting the temporary work permit because it appears that even though an FSW application doesn't by itself constitute intent to stay, the visa officer must be convinced that I won't overstay my temporary permit should it expire. Which will subject me to additional scrutiny during the temporary work permit processing.

So they're advising me to withdraw my FSW application. I was told that I'll be sponsored for permanent residence should I stay with this firm for 6 months. Which I most likely will.

My thought was that if I could instead use this job offer to fast track my FSW application, it'll the best outcome for me and it'll be less work for every party involved.

What do you guys think? Thanks for the answers in advance.

Cheers

If you are eligible without an offer, You definitely will be eligible with the offer later on.
I don't see a downside to withdrawing the FSW and applying later.

 

[WowOmgSuchVisa]

Thanks for the timely answer. How do I withdraw the application and wouldn't I be required to enter the queue and wait for the draw again?

 

[ashu1710]

First off, DO NOT withdraw your FSW EE application.

You say your employer is telling you they'll support your permanent residence application... do you have that in writing? (honestly, I wouldn't trust them even then, if I were you).

LMIAs can take anywhere between 1-6 months to process and applications have a pretty high refusal rate. You still have to submit an FSW PR app even after you get your LMIA, assuming you get one.

The fact that your employer is asking you to withdraw your PR app in favour of a temporary work permit is very strange. The only reason I can see for them to do so would be to get more control over you while you're in Canada. If you work on an LMIA based work permit, you're stuck with that employer unless you get PR or another employer gets an LMIA for you. I'm sure your employer can wait for the 4-6 months it'll take for you r EE app to get processed.

 

[WowOmgSuchVisa]

Thanks for the reply. It's one of the largest international firms in the world so it'll be very unlikely that they'll backtrack from what they have said. I was told that it's the standard process for everyone they bring into Canada that they sponsor their PR applications if the manager is happy with the employment after 6 months (which by all means he should be).

As I mentioned earlier, I was told that it's entirely in the visa officer's discretion that having an FSW application at the same time as the temporary work permit application constitutes intent to overstay the work permit. I was also told that I should consult an independent immigration attorney on this. I'll try to do so but I can't decide whether I should withdraw it or not.

 

[gatorengineer]

First off, DO NOT withdraw your FSW EE application.

You say your employer is telling you they'll support your permanent residence application... do you have that in writing? (honestly, I wouldn't trust them even then, if I were you).

LMIAs can take anywhere between 1-6 months to process and applications have a pretty high refusal rate. You still have to submit an FSW PR app even after you get your LMIA, assuming you get one.

The fact that your employer is asking you to withdraw your PR app in favour of a temporary work permit is very strange. The only reason I can see for them to do so would be to get more control over you while you're in Canada. If you work on an LMIA based work permit, you're stuck with that employer unless you get PR or another employer gets an LMIA for you. I'm sure your employer can wait for the 4-6 months it'll take for you r EE app to get processed.

You have a point about control.
But if he is eligible now for FSW, he should be eligible for it again (cut off scores are not increasing, they are actually dropping) unless something significant happens in his profile.