HOW TO GET PR via CANADIAN EXPERIENCE CLASS, WITH 1 YR EDUCATION IN CANADA??HELP

[hellboy123]

Hi Guys,

I have a question for you all.

If a student has done a ONE year PG diploma program and then has got one year work experience in skill level O,A or B via the Post Graduate Work Permit, does that person qualify for PR under the Canadian Experience Class?

I was reading under the Canadain experience class, for a student to get PR, he/she should have done a TWO year education program (and not one) and should have one year of skilled work experience.

So does that mean the person does not qualify for PR as he/she does not have TWO years of education in a Canadian institution. If YES please can any one suggest the best possible way out.

Is there any other route to get a PR status in Canada.

Your inputs would be valuable.

 

[Leon]

As the requirements for CEC are 2 years studies and 1 year work or 2 years work, you obviously do not qualify with 1 year studies and 1 year work. One option would be to forge a connection with an employer during your 1 year of work so he really wants to keep you after the year is up and will apply for your LMO. That would allow you to get a regular work permit and after you have completed 2 years of work, you qualify for CEC.

If you have already left Canada, you would have the option of asking the employer to apply for your AEO so that you can use it to apply for PR under the federal skilled worker program or get him to help you apply for your PR under a PNP in the province where he is.

 

[hellboy123]

Hi Leon,
Thanks for the info. However I didn’t quite understand when you say “forge a connection”.
Ok, taking the same case where the person only has “1 year of education”, if one gets 1 year work experience through the Post Graduate Work Permit (PGWP) and if the same employer is happy with his/her work during the PGWP and is willing to help him/her get a “normal work permit” and also receives a positive LMO, then will that person be eligible to apply for PR under the CEC after a year.
Simply putting it, is the following correct??
1 yr work experience (under PGWP) + 1 yr work experience (under normal work permit) = PR (under CEC)
By the way if you get your “normal work permit” and also get a positive LMO, how long is the work permit valid for?

 

[Leon]

If you were working in a skilled position the whole time, then yes, your PG work permit of 1 year + regular work permit of 1 year = 2 years on work permit = CEC

A regular work permit is usually valid for 1 or 2 years.

 

[hellboy123]

Cheers Mate. Thanks for all the info.

 

[hellboy123]

Leon,

So technically speaking, people who have done a 2 year education program will benefit more. This will also give them a 2 year PGWP and in those 2 years they need to just get 1 year of skilled work experience and they are all set to apply for PR under the CEC.

Leon kindly help me out with the following situation. Lets say a person has done a 1 year study program and then works as a skilled worker under the PGWP and then goes back to studies for another year, will that person be eligible to apply for PR?

Meaning

1 yr study(under study permit) + 1 yr work skilled work (under PGWP) + 1 yr study (again under the study permit) = PR under CEC

 

[Leon]

Somebody who has done 2 year studies can get a 3 year PG work permit.

The requirements for education to be approved under CEC can be found here: http://www.cic.gc.ca/english/immigrate/cec/graduates.asp#education

From that, it does not seem to me that you can take any type of 1 year course, then work for 1 year and then taken another 1 year course and still qualify. If you want to immigrate, you have to plan again. Look at the requirements before you pick your courses and pick your courses accordingly.

Keep in mind that BC and ON PNP's also have programs for masters graduates. If you do a masters degree in those provinces, may be tied to certain subjects though, you may apply for PR under their PNP's.

 

[hellboy123]

Thanks once again Leon for your prompt reply.

Ok I have another situation which needs clarification.

Lets say you study in a 1 year program. Soon after the program you get your PGWP for a year and you start looking for work. However after getting your PGWP, if your brand new employer is ready to help you get PR under the Federal skilled Worker category (via arranged employment and has a positive LMO) will that individual be eligible to apply for PR under the Federal Skilled Worker category- arranged employment (assuming he gets the required 67 points) ??

If yes, then does that mean you can actually apply for PR just after your 1 year study??

 

[Leon]

Yes, the one year study would in that case be irrelevant. The work permit plus a letter from the employer stating that you are being offered a position there after you get your PR act as an AEO and with an AEO, enough points and at least 1 year skilled work experience, you may apply under the skilled worker program. You still have to have a valid work permit though at the time you get your PR. If your work permit expires before you get your PR and you and your employer are unable to renew it, I suppose it is possible that your employer could apply for an actual AEO for you and you could ask to replace work permit + job offer letter with your actual AEO but you would have to deal with that if it happened.

Another option for the employer would be to sponsor you for PR under PNP. If you are nominated under a PNP, they can lift your need to get an LMO to get your work permit issued so it would be less of a hassle to stay on after the PG work permit expires.

 

[hellboy123]

Leon mate, thank you for your detailed response. So I think the best option for a person who has done only a 1 year study program is to go through the Federal Skilled Worker- Arranged Employment Category directly instead of the CEC as it would save alot of time (provided everything goes well)

However I have not done much research about AEO and LMO, due to which I am getting abit confused. Just correct me if I am wrong:

LMO (Labour Market Opinion): is basically used to hire temporary foreign workers and get them work visas as long as the LMO is positive. So that means a positive LMO + employment offer by "CURRENT" employer can lead to PR under the Federal Skilled Worker- Arranged Employment Category

AEO (Arranged Employment Opinion): is only used to support the applicants PR application under the federal skilled worker-Arranged Employment category. After getting a positive AEO , only then the applicant can apply for PR under the federal skilled worker- Arranged Employment category. The applicant in the mean time CAN NOT work for that prospective employer till the time the PR gets approved.

Now if the explanation above for LMO and AEO are correct, I would really like you to help me out with the following questions-

Q-1 Assuming a person gets his/her PGWP for a 12 months (and has a skilled job in O A or B) and decides by the 3rd month of the PGWP he/she wants to apply for PR under the federal skilled worker- Arranged Employment category and also his/her employer is ready to help , will the employer have to obtain a positive AEO or a positive LMO? ** I think it employer needs to obtain LMO, not too sure, hence the question**

Q-2 Does the skill job have to be in only those "29 eligible occupations"? or could it be skill type O where NOC code starts with a zero, Skill level A where the second digit of the NOC code is a 1 and skill B where the second digit of the NOC code is either a 2 or a 3?

Q-3 How long does it take to get the PR under the federal skilled worker- Arranged Employment category?

Q-4 What happens if your 12 months PGWP is over and you are still waiting for the verdict of the PR under the federal skilled ?

 

[jes_ON]

Now if the explanation above for LMO and AEO are correct, I would really like you to help me out with the following questions-

The above interpretations are correct -

Q-1 Assuming a person gets his/her PGWP for a 12 months (and has a skilled job in O A or B) and decides by the 3rd month of the PGWP he/she wants to apply for PR under the federal skilled worker- Arranged Employment category and also his/her employer is ready to help , will the employer have to obtain a positive AEO or a positive LMO? ** I think it employer needs to obtain LMO, not too sure, hence the question**

If you are working with a valid work permit and your employer provides you with a written job offer for permanent employment upon receiving permanent residence, that constitutes "arranged employment." However, if your PGWP is only for 1 year, that is not enough time to process the PR application, so your employer will have to apply for an LMO to extend your work permit beyond 1 year.

Q-2 Does the skill job have to be in only those "29 eligible occupations"? or could it be skill type O where NOC code starts with a zero, Skill level A where the second digit of the NOC code is a 1 and skill B where the second digit of the NOC code is either a 2 or a 3?

It can be any "skilled" job level O, A, or B.


Q-3 How long does it take to get the PR under the federal skilled worker- Arranged Employment category?

Processing times keep changing, it is difficult to say - expect between 1-2 years...

Q-4 What happens if your 12 months PGWP is over and you are still waiting for the verdict of the PR under the federal skilled ?

If your PGWP expires and you do not get a new work permit, you will lose your eligibility under the arranged employment category (if it is not an AEO).

 

[hellboy123]

Thanks Leon and jes_ON for your valuable inputs.

To be honest with you, at this very moment I am feeling abit discouraged. I never knew there were so many thing that needed to be done to get a simple PR done.

One question guys, is it simple or difficult to get your work visa extended, while your PR is being processed.

According to you guys whats the best possible solution to get a PR for a person who has 1 year of education in Canada and then gets 1 year of PGWP. In this case, will the CEC option be better to apply for PR or will the Federal skilled worker- arranged employement option be better??

 

[Leon]

I think the PNP option might be better. If you are on your PG work permit and after 3 months, you get the employer to apply for your nomination, you should have the nomination before your PG permit expires and with a nomination you can ask the PNP to lift your need for an LMO in order to get a regular work permit to continue working while you wait for your PR.

 

[jes_ON]

Agree that PNP might be the best option -
http://www.ontarioimmigration.ca/en/pnp/index.htm

No, it is not "simple" to get a new work permit, but not impossible either. It all depends on how motivated your employer is to keep you...

 

[sasa80]

Dear hellboy ,, fantastic Leon and amazing jes_on

first that hellboy for posting that cause actually this exactly my situation and all the Qs you asked really on my mind too .. here is the story I am vet.doctor and have diploma in marketing for 2 years from USA as I work pharmaceutical Rep. I came to Canada to study because this is the only way to immigrate cause my job not in 38 job (old law) even i'm over 67 points ... I said its ok to study one year and then apply as FSW3 but for bad luck they change the law in 26/6 ..so now I will graduate in Dec. 2010 with certificate in sales for one year and hopefully PGW for one year and was so concern about all of your Qs especially the difference bet LMO and AEO so to not repeat what you already discussed I have some Qs

Leon and jes_on what the best and short way for me now to get PR ??
one year study + one year PGW then ,,,
1) talk to my employer to give me LMO and apply for PNP directly under strategic stream ???( I will move to Toronto from Vancouver after graduation in Dec. so its Ontario PNP) ????
2) or make my employer give me AEO and apply under FSW?? do you think one year will be enough to get PR ??
3)or make my employer give me LMO and apply under FSW to be able to stay for PR decision even my PGW is expired ??


or simply it better to take another year of education and then take diploma then PGW for 3 years and after one year work apply for CEC?? and in this case if I transfer my certificate from Vancouver toward diploma in Ontario and finish the diploma after one year so 2 years diploma but in 2 schools do you think they will accept that ????