FSW Category 3 - Proof of Funds required?

[jes_ON]

Somewhere, when I first started this process, I remember reading that if you were already living in Canada, you didn't have to show proof of funds.

But now when I look at the current info for FSWs, I can only find reference to Cat 2 applicants (AEO) who don 't need to show proof of funds.

I am Cat 3 and have had my initial app to CIO approved as Cat 3. It is not clear to me that my current employment would qualify under the definition of "Arranged Employment" because it is contract work (2 years initial contract); technically I don't think it meets the "indefinite" requirement...

So, now I can't find any info to confirm that Cat 3 is also exempt from the Proof of Funds requirement. Can anyone verify about Cat 3 and the Proof of Funds requirement?

 

[professional 1]

Somewhere, when I first started this process, I remember reading that if you were already living in Canada, you didn't have to show proof of funds.

But now when I look at the current info for FSWs, I can only find reference to Cat 2 applicants (AEO) who don 't need to show proof of funds.

I am Cat 3 and have had my initial app to CIO approved as Cat 3. It is not clear to me that my current employment would qualify under the definition of "Arranged Employment" because it is contract work (2 years initial contract); technically I don't think it meets the "indefinite" requirement...

So, now I can't find any info to confirm that Cat 3 is also exempt from the Proof of Funds requirement. Can anyone verify about Cat 3 and the Proof of Funds requirement?

If you qualify under category 2 as you say then i assume that you have sent them a letter from your employer stating that he offers you a job for an indefinite base approved by the HRSDC.

This case doesn't mean that your employer will give you a contract stating that he will hire you forever to the end of the life, canadians are hired upon periodic contracts too, you will not find any contract around the world even in canada state that the employee will be hired forever, it always mentions the period of time for your contract which is always for at least one year (eligible to be renewed or extended) as a permanent job offer. therefore,you are fine and exempted from presenting a proof of funds.

 

[jes_ON]

Thanks Professional1. I HOPE you're right - and I do have a positive LMO and a letter from my employer indicating that my contract will be renewed when it expires next year.

BUT - In case it does NOT qualify as "arranged employment" - the question remains - Do Cat 3 applicants / current residents of Canada require proof of funds (in the absence of qualifying arranged employment?)

 

[professional 1]

Thanks Professional1. I HOPE you're right - and I do have a positive LMO and a letter from my employer indicating that my contract will be renewed when it expires next year.

BUT - In case it does NOT qualify as "arranged employment" - the question remains - Do Cat 3 applicants / current residents of Canada require proof of funds (in the absence of qualifying arranged employment?)

If an applicant got accepted under category (3) foriegn workers who have been living in canada for at least one year, not (2) (people from within canada or outside canada who have an arranged employment offer), the answer is yes category 3 still needs to show a proof of funds regardless whether they are foreign workers or international students in canada in the absence of (arranged employment offer)



By the way, for the first point, immigration canada will not go through the details to discuss the whole idea with applicants about the period of time of the contract........etc because they state clearly that if you satisfy the requirments of category 2 and they approve you, that is it, you are exempted from showing a proof of funds, there is no any doubts on that.



"You do not have to show that you have these funds if you have arranged employment in Canada."

The source: under the table immediatly

http://www.cic.gc.ca/english/immigrate/skilled/funds.asp

 

[jes_ON]

BAD WORD DELETED. Now I'm wondering if I should withdraw my application, wait 6 months and apply under the CEC program (No proof of funds there). I sure as heck don't have 10K in the bank, not after moving to Canada.

Since I was evaluated as qualified under Cat 3, I have no idea if I'm ALSO qualified under Cat 2, and the way I read the "details" of arranged employment ("permanent" and "indefinite" rule out contract-based employment by my reading), there's certainly room for doubt...

On the other hand, the initial app was approved by CIO and I wrote there that I only had 5K in funds...

 

[professional 1]

As per your information, you fall under both categories 2 and 3 because you satisfy the requirements for both of them again you are exempted from the proof of funds.

The most important thing is the points that you are supposed to be granted, i see that you are hesitated about your situation, man if you really fall under category 2 as you claim so no need to worry about the proof of funds, but if not, it is not only the proof of funds problem, you also will not be granted the points for the arranged offer, so make sure that you really fall under category 2.

 

[jes_ON]

This is the problem. I don't claim to fall under category 2. I claim to fall under category 3.

The source of my confusion is that prior to all the changes on April 1, I clearly recall that anyone already residing in Canada was exempt from the proof of funds requirement. The fact that this is no longer stated in all the new documents escaped my attention until now.

And I don't know if this is an oversight, or it is assumed that Cat 3 also fulfills Cat 2. Or, there is some new, unfathomable logic that FSW/Cat 2 and CEC would be exempt but FSW/Cat 3, not.

Labor law distinguishes between contract and permanent employment. I just don't know if CIC does.

 

[professional 1]

This is the problem. I don't claim to fall under category 2. I claim to fall under category 3.

The source of my confusion is that prior to all the changes on April 1, I clearly recall that anyone already residing in Canada was exempt from the proof of funds requirement. The fact that this is no longer stated in all the new documents escaped my attention until now.

And I don't know if this is an oversight, or it is assumed that Cat 3 also fulfills Cat 2. Or, there is some new, unfathomable logic that FSW/Cat 2 and CEC would be exempt but FSW/Cat 3, not.

Labor law distinguishes between contract and permanent employment. I just don't know if CIC does.

For your offer to be considered as a permanent offer the following should apply :

"The offer of permanent employment to the foreign national, on company letterhead, signed by the person responsible for hiring employees. The letter must state the title of the position that is offered, the salary to be paid to the prospective employee and the length of time the offer of employment is open".

The source (and have a look at the application too):

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/forms/emp5275e.pdf

why doesn't your employer write (open) under the length of time instead of 2 years ?

 

[juanda78]

My wife has been working for almost two years on a open work permit, she didn't have AE (I am a full time graduate student) and they did ask for proof of funds. Even when we did our landing the IO asked us to show our bank statement. We applied in March 08 and landed in July 09...

Regards.

 

[jes_ON]

Professional1 - thanks for your ongoing assistance. There are different classes of "arranged employment" from the CIC perspective, the one you show from HRSDC is for those who have not yet arrived in Canada, but obtain an offer of permanent employment BEFORE they come.

The three classes are discussed here:
http://www.cic.gc.ca/english/immigrate/skilled/factor-employment.asp

My class would be the first one,
"You currently work in Canada on a temporary work permit."

The condition in question is:
"Your employer has made an offer to employ you on an indeterminate basis if the permanent resident visa is issued."

Alas, EVERYONE in my unit (not just special for me) is a time-specified contract employee, because all of our work is grant-based.

My first contract was 2 years. What my employer's letter says (the one written for my work experience section), is that my contract will be renewed next year (no time period given). Perhaps that's indeterminate enough. I could ask him to write a second letter specific for this section, re-word that, but that might not fly since he can't legally state that the employment is open-ended.

 

[jes_ON]

My wife has been working for almost two years on a open work permit, she didn't have AE (I am a full time graduate student) and they did ask for proof of funds. Even when we did our landing the IO asked us to show our bank statement. We applied in March 08 and landed in July 09...

Regards.

Hi Juanda, thanks for your info. Can you clarify - By landing in July 09, do you mean - You applied for PR before you arrived in Canada, and are still waiting? OR - you were already living in Canada, applied for PR, and had to leave and re-enter in July 09 to "land" once you obtained PR status?

 

[professional 1]

I already know that arranged employment contains three categories, and i know that you belong to the first one :


The applicant is currently working in Canada on an HRSDC-confirmed temporary work permit And the work permit is valid at the time of the permanent resident visa application and at the time the visa is issued; and the employer has made an offer to employ the applicant on an indeterminate basis if the permanent resident visa is issued and You are working in Canada on a temporary work permit and,

a.your temporary work permit was issued after receipt of a positive labour market opinion of your job offer from Human Resources and Social Development Canada (HRSDC);

b.you are currently working in that job;

c.the work permit was valid at the time you made your permanent resident visa application and at the time the visa, if any, is issued; and

d.your employer made an offer to employ you on an indeterminate basis once the permanent resident visa is issued.

I know all of these information and i told you about that in my third post, but because i see that you are still hesitated about your situation because of the word indeterminate, i was trying to show you what do they mean by "indeterminate".so as long as the letter states that you will be hired permanently, you belong to category (2) and exempted from showing a proof of funds that is it.

 

[juanda78]

Hi jes_ON,

I came to Canada as an International Student in Sept 07... once here my wife applied as principal applicant in March 08... she had an Open Work Permit because of my status. She was working full time and we still needed to show proof of funds. Obviously she never had a LMO, because she didn't need to. Later the new rules were announced and she was on the list of 38 occupations, and we were also here in Canada for more than a year by then. We landed in Niagara Falls (we exit Canada by foot using the Rainbow Bridge) on July 09.

Regards.

 

[vivenhs]

This is the problem. I don't claim to fall under category 2. I claim to fall under category 3.

The source of my confusion is that prior to all the changes on April 1, I clearly recall that anyone already residing in Canada was exempt from the proof of funds requirement. The fact that this is no longer stated in all the new documents escaped my attention until now.

And I don't know if this is an oversight, or it is assumed that Cat 3 also fulfills Cat 2. Or, there is some new, unfathomable logic that FSW/Cat 2 and CEC would be exempt but FSW/Cat 3, not.

Labor law distinguishes between contract and permanent employment. I just don't know if CIC does.

For your offer to be considered as a permanent offer the following should apply :

"The offer of permanent employment to the foreign national, on company letterhead, signed by the person responsible for hiring employees. The letter must state the title of the position that is offered, the salary to be paid to the prospective employee and the length of time the offer of employment is open".

The source (and have a look at the application too):

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/forms/emp5275e.pdf

why doesn't your employer write (open) under the length of time instead of 2 years ?

Hi, my contract states:

"This contract is for 2 years (24 months) afterwhich, it can be renegotiated in 2011 based upon your Canadian Work Status arrangement".

Does this wording suffice for "indeterminate basis"?

Thanks,
vivenhs

 

[barabashka_]

Hm...This is a very interestic topic.
I am wondering if there is a room for interpretation how the offer letter should look like in order to be eligible for AEO...
For example, I just got a positive 3-year LMO for a new position in the place I already work for couple years. I got an offer letter in which stated that "the new appointment is renewable on an annual basis, the funding has been approved for three-years term and thus we anticipate funding being available for your position until August 2012".

I am going to send this offer letter, LMO and a new work permit to Buffalo... I have no idea if they are going to put me in AEO category after that and going to add AEO points to my case, really - have no idea... To be on a safe side, I calculate my points without AEO (and I had IELTS on Aug 8th to add few points).