How to interpret "had been living legally as temp foreign worker" ?

[uncrase]

Hi there,

I'm trying to help a friend who is desperately trying to continue her stay here in Canada.
She worked for 1 year under a temporary foreign worker program here until last September when her visa expired, she tried to reapply for a new temporary permit but kept being rejected by LMO since they believe her employer is not looking hard enough for a Canadian to do the job.
(Meanwhile she can't work and her wanna-be employer has no employee!)

Anyway, she is now under a visitor visa in order to wait out the last LMO decision, but wants to apply for PR Skilled Worker.

Now my question is, is she eligible under the criteria:
"..be a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student"

Even though it is in the past, she lived here legally as a temporary foreign worker for 1 year.

 

[wilson]

As per CIC website:

. According to the eligibility criteria, your application is eligible for processing if:

•you have an offer of arranged employment, OR
•you are a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student, OR
•you are a skilled worker who has at least one year of experience* in one or more of the occupations listed here.
.
My interpretation is that if any one is legally working during the submission of application and completed one year at the time of application. Not for those who did work before and exited the country from that visa status.

May have different opinions from others.

 

[upp942]

Hi there,

I'm trying to help a friend who is desperately trying to continue her stay here in Canada.
She worked for 1 year under a temporary foreign worker program here until last September when her visa expired, she tried to reapply for a new temporary permit but kept being rejected by LMO since they believe her employer is not looking hard enough for a Canadian to do the job.
(Meanwhile she can't work and her wanna-be employer has no employee!)

Anyway, she is now under a visitor visa in order to wait out the last LMO decision, but wants to apply for PR Skilled Worker.

Now my question is, is she eligible under the criteria:
"..be a foreign national who has been living legally in Canada for one year as a temporary foreign worker or an international student"

Even though it is in the past, she lived here legally as a temporary foreign worker for 1 year.

hi uncrase

With regards to your friend's status, she can apply for PR as a skilled worker even though she may become "out of status" before or during the process of her application.

I've read it somewhere in this forum that it is possible as long as an applicant has been legally in a country for one year.

 

[liherb]

I've read it somewhere in this forum that it is possible as long as an applicant has been legally in a country for one year.

No way, quite the opposite. Once you leave Canada, or even remain "unemployed", you will lose the eligibility to apply under FSW3. Please refer to OP6.