Have the requirements for residency changed?

[missharrison]

Hi

This is my first time writing in a forum although I have read a lot of other thread that have been super useful, I have however, not found an answer to a question that I also have asked CIC, Ministers and other professionals involved in this.

My question is:

Have the requirements changed in order to get residency?

The reason I ask is that my understanding was that if you were employed by a company and your job was permanent and they wanted to keep you, then when you had reached 12 months experience, you could apply for permanent residency under Canadian Experience class. And as long as your English was acceptable, amongst a few other requirements, you filed out the forms and waited until you got it.

It now it seems that you need the company that you are working for to have an LMIA in order to keep you which, helps bump up your points under the Expressed Entry. My company didn't want to apply for an LMIA and so my score is pretty low on Express Entry and I have had to return home and hope for the best.

As mentioned above I wrote to CIC, Ministers in Canada and London asking why the requirements had changed as I felt this was extremely unfair as I had spent 2014 in Canada building up my work experience only for the rules in change in January 2015. For those of them that actually wrote back to me, they all had the same scripted line advising me that the requirements had not changed but the procedure in which to apply had.

I think they are lying. And when I pushed them further for answers, they responded with saying that they couldn't help me any further.

I don't think I am the only person who spent 2014 making a new life, believing they could stay under the old rules, only to be disappointed come this January. It wasn't like they gave us much information about Expressed Entry in the lead up to it.

I know people living and working in Whistler in retail jobs that have been granted residency and I don't believe those jobs got them an LMIA - how can you prove that a foreigner works on a till better than a Canadian?!

I am becoming increasingly frustrated at not getting an answer from officials so I am hope you guys can help? Even if I am totally misunderstand the old way of obtaining residency, in which case, I can deal with that but at the moment I feel like the Government have changed the rules. Especially if people in not so specialised jobs get to stay and I can't.

Thank you and I hope you can help me.

 

[futurecanadiannew123456]

Hi

This is my first time writing in a forum although I have read a lot of other thread that have been super useful, I have however, not found an answer to a question that I also have asked CIC, Ministers and other professionals involved in this.

My question is:

Have the requirements changed in order to get residency?

The reason I ask is that my understanding was that if you were employed by a company and your job was permanent and they wanted to keep you, then when you had reached 12 months experience, you could apply for permanent residency under Canadian Experience class. And as long as your English was acceptable, amongst a few other requirements, you filed out the forms and waited until you got it.

It now it seems that you need the company that you are working for to have an LMIA in order to keep you which, helps bump up your points under the Expressed Entry. My company didn't want to apply for an LMIA and so my score is pretty low on Express Entry and I have had to return home and hope for the best.

As mentioned above I wrote to CIC, Ministers in Canada and London asking why the requirements had changed as I felt this was extremely unfair as I had spent 2014 in Canada building up my work experience only for the rules in change in January 2015. For those of them that actually wrote back to me, they all had the same scripted line advising me that the requirements had not changed but the procedure in which to apply had.

I think they are lying. And when I pushed them further for answers, they responded with saying that they couldn't help me any further.

I don't think I am the only person who spent 2014 making a new life, believing they could stay under the old rules, only to be disappointed come this January. It wasn't like they gave us much information about Expressed Entry in the lead up to it.

I know people living and working in Whistler in retail jobs that have been granted residency and I don't believe those jobs got them an LMIA - how can you prove that a foreigner works on a till better than a Canadian?!

I am becoming increasingly frustrated at not getting an answer from officials so I am hope you guys can help? Even if I am totally misunderstand the old way of obtaining residency, in which case, I can deal with that but at the moment I feel like the Government have changed the rules. Especially if people in not so specialised jobs get to stay and I can't.

Thank you and I hope you can help me.

hey , thats could be quite frustrating.

well did you try to calculate your score for express entry and how much are you getting?

well to be honest if you have Canadian experience you must be getting around 400 or above points.

can you please share your IELTS and ur age and education level /spouse education level and his or hers IELTS ?

 

[purplesnow]

the residency requirements haven't changed. you still need to meet the old requirements for CEC, FSW, FSTW etc to apply.
It's the application method thats changed. Express Entry is basically a computerised filing system for CIC. We all enter our profiles there and it determines which stream we are eligible and handles the applications. its an added step is all. LMIA is not a requirement. It boosts your points enough that you're pretty much guaranteed to be next out the draw, but we're three months in to this and we're already down to 453points.
They were telling us about Express Entry since last May. They didn't release all the finer details but we all knew they were making changes and we'd have added steps to go through. It shouldn't have come as a surprise to you.

 

[missharrison]

Hey

Thanks for both of your replies.

My score is 336 due to not having a degree. My English score was 9 for all except writing which I got an 8.

And yes, it wasn't a surprise however, the LMIA requirement threw me as I couldn't understand how people working in Starbucks were able to obtain residency if that was a requirement.

So if my job are happy to continue employing me, they would need an LMIA as stated in the rules under Expressed Entry. However, I am sure that other colleagues were granted residency in my office (before Expressed Entry was introduced) and they didn't ask the company for an LMIA.

To be honest, I am not entirely sure of the old procedure. I didn't think that your job needed an LMIA in order to support you residency application.

I think there is something I am not quite getting here.

 

[jemdill]

Hi

This is my first time writing in a forum although I have read a lot of other thread that have been super useful, I have however, not found an answer to a question that I also have asked CIC, Ministers and other professionals involved in this.

My question is:

Have the requirements changed in order to get residency?

The reason I ask is that my understanding was that if you were employed by a company and your job was permanent and they wanted to keep you, then when you had reached 12 months experience, you could apply for permanent residency under Canadian Experience class. And as long as your English was acceptable, amongst a few other requirements, you filed out the forms and waited until you got it.

It now it seems that you need the company that you are working for to have an LMIA in order to keep you which, helps bump up your points under the Expressed Entry. My company didn't want to apply for an LMIA and so my score is pretty low on Express Entry and I have had to return home and hope for the best.

As mentioned above I wrote to CIC, Ministers in Canada and London asking why the requirements had changed as I felt this was extremely unfair as I had spent 2014 in Canada building up my work experience only for the rules in change in January 2015. For those of them that actually wrote back to me, they all had the same scripted line advising me that the requirements had not changed but the procedure in which to apply had.

I think they are lying. And when I pushed them further for answers, they responded with saying that they couldn't help me any further.

I don't think I am the only person who spent 2014 making a new life, believing they could stay under the old rules, only to be disappointed come this January. It wasn't like they gave us much information about Expressed Entry in the lead up to it.

I know people living and working in Whistler in retail jobs that have been granted residency and I don't believe those jobs got them an LMIA - how can you prove that a foreigner works on a till better than a Canadian?!

I am becoming increasingly frustrated at not getting an answer from officials so I am hope you guys can help? Even if I am totally misunderstand the old way of obtaining residency, in which case, I can deal with that but at the moment I feel like the Government have changed the rules. Especially if people in not so specialised jobs get to stay and I can't.

Thank you and I hope you can help me.

Hi Dear,

We are all in same situation.
I was also waiting for to complete 1 year as per old CEC rule
Applied in Oct 2014 and got it back says the cap is reached.
I asked them the same question, because when I applied they had not updated the CEC caps even after 2 months and it was still below 8000, and on 63/200 so I thought I am safe. But...

Anyway, I asked them and they sent me the EE link.
The requirement is same, but the old system was a passed/failed and we will get PR for sure if we have that 67 points under CEC
but new system we have to be in the same pool with FSW and need to wait for that lucky draw.

My employer also not able to give me LMIA.
Because they already went through the process of interviews and advertisements when they hired me 1 year ago and doing that again to find out if there any Canadians better than me while I still work here is like a bull**. Because they went through the same process and selected me and few Canadians from a number of applicants and whats the meaning of doing the same thing again??????
Or do they need to fire me and hire again?
Really frustrating..

 

[jemdill]

Hey

Thanks for both of your replies.

My score is 336 due to not having a degree. My English score was 9 for all except writing which I got an 8.

And yes, it wasn't a surprise however, the LMIA requirement threw me as I couldn't understand how people working in Starbucks were able to obtain residency if that was a requirement.

So if my job are happy to continue employing me, they would need an LMIA as stated in the rules under Expressed Entry. However, I am sure that other colleagues were granted residency in my office (before Expressed Entry was introduced) and they didn't ask the company for an LMIA.

To be honest, I am not entirely sure of the old procedure. I didn't think that your job needed an LMIA in order to support you residency application.

I think there is something I am not quite getting here.

Please click and sign the form..

https: // www.change.org/p/citizenship-and-immigration-canada-candidates-on-open-work-permits-and-working-in-canada-need-more-visibility-in-express-entry-system?utm_source=target&utm_medium=email&utm_campaign=added_as_petition_targetonline

 

[Pippin]

What is your NOC?

 

[dobes]

Hi

This is my first time writing in a forum although I have read a lot of other thread that have been super useful, I have however, not found an answer to a question that I also have asked CIC, Ministers and other professionals involved in this.

My question is:

Have the requirements changed in order to get residency?

The reason I ask is that my understanding was that if you were employed by a company and your job was permanent and they wanted to keep you, then when you had reached 12 months experience, you could apply for permanent residency under Canadian Experience class. And as long as your English was acceptable, amongst a few other requirements, you filed out the forms and waited until you got it.

It now it seems that you need the company that you are working for to have an LMIA in order to keep you which, helps bump up your points under the Expressed Entry. My company didn't want to apply for an LMIA and so my score is pretty low on Express Entry and I have had to return home and hope for the best.

As mentioned above I wrote to CIC, Ministers in Canada and London asking why the requirements had changed as I felt this was extremely unfair as I had spent 2014 in Canada building up my work experience only for the rules in change in January 2015. For those of them that actually wrote back to me, they all had the same scripted line advising me that the requirements had not changed but the procedure in which to apply had.

I think they are lying. And when I pushed them further for answers, they responded with saying that they couldn't help me any further.

I don't think I am the only person who spent 2014 making a new life, believing they could stay under the old rules, only to be disappointed come this January. It wasn't like they gave us much information about Expressed Entry in the lead up to it.

I know people living and working in Whistler in retail jobs that have been granted residency and I don't believe those jobs got them an LMIA - how can you prove that a foreigner works on a till better than a Canadian?!

I am becoming increasingly frustrated at not getting an answer from officials so I am hope you guys can help? Even if I am totally misunderstand the old way of obtaining residency, in which case, I can deal with that but at the moment I feel like the Government have changed the rules. Especially if people in not so specialised jobs get to stay and I can't.

Thank you and I hope you can help me.

What you're not getting is that you don't need an LMIA for either Canadian Experience Class or FSW! It helps as it will give you 600 extra points and pretty much ensure getting an ITA, but you don't need it. I don't have it, and I have an ITA. So just put in your application and relax!

 

[purplesnow]

Hey

Thanks for both of your replies.

My score is 336 due to not having a degree. My English score was 9 for all except writing which I got an 8.

And yes, it wasn't a surprise however, the LMIA requirement threw me as I couldn't understand how people working in Starbucks were able to obtain residency if that was a requirement.

So if my job are happy to continue employing me, they would need an LMIA as stated in the rules under Expressed Entry. However, I am sure that other colleagues were granted residency in my office (before Expressed Entry was introduced) and they didn't ask the company for an LMIA.

To be honest, I am not entirely sure of the old procedure. I didn't think that your job needed an LMIA in order to support you residency application.

I think there is something I am not quite getting here.

you didn't need an LMIA in the old system and you don't need one now. It gives extra points if you have one, but as the points are already under 600, that's not something we need to concern ourselves with.

 

[Pippin]

You must be working in NOC O/A/B to apply through Express Entry.

 

[jemdill]

What you're not getting is that you don't need an LMIA for either Canadian Experience Class or FSW! It helps as it will give you 600 extra points and pretty much ensure getting an ITA, but you don't need it. I don't have it, and I have an ITA. So just put in your application and relax!

What do you mean by dont need LMIA and will get 600 points?

 

[dobes]

What do you mean by dont need LMIA and will get 600 points?

I think your problem is in understanding my wording. You don't need an LMIA to apply. If you have one, you will get 600 more points, but you don't need it. Obviously, everyone with points in the 300s-500s doesn't have an LMIA, and yet everyone with more than 453 points has been invited to apply.

I said - and it is true - that the original poster seemed to believe that she needed an LMIA-supported job to apply for FSW or CEC, and that is not the case.

 

[SMCANADAVISA]

Hi

This is my first time writing in a forum although I have read a lot of other thread that have been super useful, I have however, not found an answer to a question that I also have asked CIC, Ministers and other professionals involved in this.

My question is:

Have the requirements changed in order to get residency?

The reason I ask is that my understanding was that if you were employed by a company and your job was permanent and they wanted to keep you, then when you had reached 12 months experience, you could apply for permanent residency under Canadian Experience class. And as long as your English was acceptable, amongst a few other requirements, you filed out the forms and waited until you got it.

It now it seems that you need the company that you are working for to have an LMIA in order to keep you which, helps bump up your points under the Expressed Entry. My company didn't want to apply for an LMIA and so my score is pretty low on Express Entry and I have had to return home and hope for the best.

As mentioned above I wrote to CIC, Ministers in Canada and London asking why the requirements had changed as I felt this was extremely unfair as I had spent 2014 in Canada building up my work experience only for the rules in change in January 2015. For those of them that actually wrote back to me, they all had the same scripted line advising me that the requirements had not changed but the procedure in which to apply had.

I think they are lying. And when I pushed them further for answers, they responded with saying that they couldn't help me any further.

I don't think I am the only person who spent 2014 making a new life, believing they could stay under the old rules, only to be disappointed come this January. It wasn't like they gave us much information about Expressed Entry in the lead up to it.

I know people living and working in Whistler in retail jobs that have been granted residency and I don't believe those jobs got them an LMIA - how can you prove that a foreigner works on a till better than a Canadian?!

I am becoming increasingly frustrated at not getting an answer from officials so I am hope you guys can help? Even if I am totally misunderstand the old way of obtaining residency, in which case, I can deal with that but at the moment I feel like the Government have changed the rules. Especially if people in not so specialised jobs get to stay and I can't.

Thank you and I hope you can help me.

@missharrison : reading your post I wanted to say a couple of things :
1. You could have applied under FSW when you were in Canada. Need not wait for that 12 months experience. Anyways, you missed the bus. So lets look at what you can do now.
2. As others mentioned that acquiring 600 points through LMIA based permanent job offer is a big plus, but all is not lost if you do not have that. If I were you I would have looked for job (strictly permanent full time) even without LMIA. You are in retail counter sales which should not be a problem to get. Then when you qualified for your ITA you would still be ahead of others being Canada and having gathered Canadian work experience. Even if you qualify in the next draw, CIC will not prioritize on you being out of country. So keep trying for a full-time permanent job even if without LMIA. I am not sure if your NOC category is 0, A or B. That's another qualifying criteria for ITA.
Best of Luck !

 

[missharrison]

Hey

Thank you all for your contributions. I totally didn't understand the whole LMIA thing which I do a little bit now.

I am in marketing and was doing manager type tasks, even though my title didn't reflect that, but I am looking to retrain anyway so I am hoping this looks good on my expressed entry profile that I have gone back to study and hopefully opens up more job types that I can do in Canada.

I got a lawyer involved about June time to discuss my options and Im disappointed that she didn't put forward the FSW option but thats been and gone now so no worries.

I feel a little more at ease knowing that people under 600 points are being invited to apply even without a job offer.

I have submitted my profile now so I guess all I can do is wait and try and get a job offer in the meantime.

Again, thank you to all of you that replied, you've helped tremendously.