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FSW Category 3 - Proof of Funds required?

jes_ON

VIP Member
Jun 22, 2009
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Category........
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Job Offer........
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06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
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30-Jun-2011
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12-Jul-2011 (received 25-Jul-2011)
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03-Sep-2011
Hi all,

Well, as usual, Buffalo refused to answer the question.

Professional1 - again, my letter CANNOT state that it is a permanent position because it is a contract position and they are legally different things. My employer has not stated two years or any length of time for the next contract.

Yes, vivenhs - that IS the question...

and the problem is under the new procedures, few will have experience to report.

Juanda's application went in before the April changes, but still... even tho already in Canada, they still had to show proof of funds. (Congrats to you & your wife!)

Barabashka, looks like you're in the same position - Cat 2 or Cat 3? (Points are the same. Only difference is the exemption from proof of funds, it would seem). If you're sending these to Buffalo, you already have a decision from CIO? What category?
 

barabashka_

Star Member
Aug 12, 2009
64
1
jes_ON said:
Barabashka, looks like you're in the same position - Cat 2 or Cat 3? (Points are the same. Only difference is the exemption from proof of funds, it would seem). If you're sending these to Buffalo, you already have a decision from CIO? What category?
Jes_ON,
I have applied under Cat 3 (temporary worker which is residing at least one year in Canada) at the end of January 2009, when Cat 3 applicants did not have to send applications to Sydney yet, so I sent it directly to Bufallo. Since I got this LMO and offer letter now I am going to update my file by sending these additional documents.
The difference, in my opinion, is not only in proof of funds. If you have AEO - they give you 10 additional points for that.
 

rmdharan

Star Member
Oct 20, 2008
85
1
My situation is different my contractor has given a appointment letter like this
" Please accept our Heartiest congratulations on having been selected by XYZ india for an assignment with XYZ Canada Inc. XYX canada is obtaining your service on a temporary basis for the duration of assignment from XYZ India(refered as Parent company). The Expected duration of your assignment is for a max period of 24 months or till your work visa Expires, which ever is earlier"
Now i am confused whether this appointment letter will be valid for cat-2
I am in Toronto on Work permit from May2008, so surely i can apply in Cat-3. please help me to decide.
What is the main difference in Cat-2 and Cat-3 other than Proof of funds? Will Cat-2 applications processed faster than Cat-3
 

jes_ON

VIP Member
Jun 22, 2009
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rmdharan, it seems temporary employment does not qualify for arranged employment.

See page 14 of the Guide EG7: http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf

The letter you currently have will not qualify you for Cat 2. To qualify for Cat 2, you would have to get another letter from your employer that indicates that you will have a "permanent" job if you are approved for permanent residence.

There is no reason to think that Cat 2 or Cat 3 are processed faster. Other than proof of funds, you get more points if you also have arranged employment - looks like a total of 15 points (10 pts under Factor 5, 5 points under Factor 6).
 

jes_ON

VIP Member
Jun 22, 2009
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13-Aug-2010
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30-Jun-2011
VISA ISSUED...
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03-Sep-2011
Hi Vivenhs, did you ever get an answer to this?



[/quote]


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
[/quote]
 

vivenhs

Full Member
Nov 27, 2008
42
10
Hi jes_on,

I didn't get a direct response, i'm following various threads and i think i'll just ask my employer to amend the duration of my emplyment offer from 2 years to open or get another letter - for a permanent job offer in support of my immigration goals.

Thanks,
vivenhs
 

barabashka_

Star Member
Aug 12, 2009
64
1
barabashka_ said:
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).
Well, I asked my lawyer about that and he said "no, it must be an offer letter that proposes a job on permanent basis, not a contract basis - to qualify for AEO".
On the positive note, he said it doesn't matter in my case as I have enough points without AEO, and apparently AEO does not currently make the process faster either...
 

jes_ON

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Jun 22, 2009
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[/quote]

Well, I asked my lawyer about that and he said "no, it must be an offer letter that proposes a job on permanent basis, not a contract basis - to qualify for AEO".
On the positive note, he said it doesn't matter in my case as I have enough points without AEO, and apparently AEO does not currently make the process faster either...
[/quote]

Hey Barabaskha, thanks for the info. And, good for you! As for me, the points are not the issue - have plenty of points - just don't have the bank account :)

Still pondering the logic of requiring "landing funds" for those who have already landed, but not for those who haven't. In any case, it looks like I'm screwed and will have to withdraw my application.
 

barabashka_

Star Member
Aug 12, 2009
64
1
I dont think you have to withdraw your application because of that...
There should be some solution.
Anyway - you cannot be sure they will not count it as AEO - there is always a chance they will!
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Thanks! Well, I'm still looking for that solution (my boss is on vacation - still need to ask about a revised letter), but without it, it's a $550 chance :)

Since I can apply in 6 months under CEC class, I'm not sure it's worth losing the application fee. The risk in the latter is, it's unlikely that it could be approved before my work permit expires (April 30), and my employer would have to get another LMO before I could renew my permit, and that's far from certain in these times... (tho I might need to do that anyway even with the FSW application).