IT Contractor - 0213 Complex scenario

[TuCa]

Hi guys,
I'm an European IT Consultant (SAP Business Intelligence) and as self-employed I find contrasting opinions on this forum regarding applying to the FSW program. I worked as a contractor for over 10 years and have been travelling for work around europe (living more than 6 months in different countries) , with some gaps in between contracts (2-3 months in a year sometimes). The global picture is not homogeneous (considering also I work through recruitment agencies and contracts within IT are often with 3rd parties). Adding up, these things make me think it could be a complicated case especially to show genuine work experience, which believe me I have.
Based on the following info I'd appreciate if you could honestly suggest if I have chances of being considered for the FSW ... I went through the self assesment and I think I would pass the 67 mark, but this is my opinion and not the CIC's one.

On Education side I have over 13 yrs and Diploma.
Work experience NOC 0213, more than 1 year. My current engagement (started November 2008). Not officially PM but I coordinate a group of onshore/offshore consultants and cover duties listed in the category, salary/rate is according to PM. (documentable evidence: reference , payslips, tax returns)
Work experience as analyst NOC 2171 about 3 years (documentable evidence Reference letters, some payslips , contracts, limited company books)
Previous than 4 years ago most of my documentation is gone but I could get some references by previous Managers.
I have relatives in BC which should give me more adaptability points and my wife has Law degree with over 15 yrs education.
I think on my IELTS I can reach a good level ( would do my best )

I've been in touch with employers in Canada and although they all showed extreme interest in my profile I find it hard to obtain an empl. letter. To be completely honest I might be able to get one through my relatives but it might not lead to a real employement once I get my PR (which i don't know if it's a problem). Again this is just to be completely honest and I'm not going to persue it if it will cause me troubles.

One last thing and this is out of curiousity: I found special categories in IT (Sap is one of those) which would get sort of fast track for temp work in Canada (which I'm not interested in): "Working temporarily in Canada: Special categories—Information technology workers".
How come in the 38 NOC list this is not reflected and just IT managers are considered for FSW ? Isn't it a nonsense ? WIll it change soon ?

Thanks experts for your help , it's much appreciated. Please ask more questions if they can help to give a better picture of my situation.

 

[TuCa]

Any help, suggestion .. comment ?

Would like to apply before the NOC list will be updated according to latest news (either in a positive or negative way...).

 

[Leon]

Go ahead and apply. Nobody knows how and when the list of 38 will be updated so you might as well apply now while you qualify. The worst thing they can do is tell you no and then you will have other chances to apply later, for example by getting a job offer and applying that way.

 

[martian]

Salary Rate ?: IT Contractor - 0213 Complex scenario

is there a salary rate attached to job positions in NOC categories?

 

[Leon]

Since people are coming from different countries, I very much doubt that CIC takes your salary as an indication of you fit a NOC or not. It is mainly the job duties.

Once you are a PR, you can take any job at any salary you like as long as it's not below minimum wage in that province.

If you are looking for a job as a temporary worker and need to get an LMO approved, the employer will have to prove that he is paying market wage and then Service Canada will figure out what he should be paying you as a market wage.

 

[jes_ON]

TuCa, based on what you have written, I think you will have difficulty getting your experience accepted as 0213, since you are not an actual employee of the company in which you "manage" - In my opinion (not an IT professional, so take it very loosely), because you are self-employed, the NOC 2171 Information Systems Analysts and Consultants would cover your experience. Unfair, yes.

But Leon has a very good point - doesn't hurt to try. If you have any financial management and/or HR responsibilities, be sure to highlight those.

The main reason you (or your wife) might be interested in coming as temporary workers is that you would then be able to qualify for permanent residence through other routes...

 

[Leon]

jes_ON, that is absolutely right with the temp worker part. Sometimes it can be easier getting a temporary work permit than to get a job offer to apply for PR. An employer might think mainly of his own interests and that is getting the employee fast. He may not care to give a job offer which will get him the employee in several months or a year, that is if the employee even decides to come work for him and doesn't look for a better offer in the meantime. With a temporary work permit, there are chances later to apply under skilled worker class, to apply under Canadian experience class or to be sponsored under PNP.

 

[TuCa]

Leon, jes_ON
thanks so much for your suggestions. I understand being self employed might be hard to convince CIC about managerial tasks and I will evaluate once again all my current and past tasks.
Even if , since Nov. 2008 I'm an employee of a management companyfor payroll purposes (then I work to an end client but this is how all consultancy and IT works) , as per my contract I'm an IT Manager. Legally I'm an employee and my official employer can certify my skills, question is if then the end client is checked, where I'm obviosuly an external consultant.

My other doubts are related to gaps in between contracts (ex. 2007 I took off 3 months) that might affect the full-time requisite ?
Last question, given the AEO approval to an offer and subsequent documentation provided to Visa Office , is in the end the acceptance of this offer checked once PR is granted ? (I know my question is cheeky, I would obviously welcome help from family if possible through their company).

Thanks again, I think in the end I'll give it a go, don't want to have regrets in future.

 

[Leon]

If you are applying under the list of 38, you need a 1 year continuous experience as 0213 to be able to apply. If your 1 year is broken, you will likely be denied.

If you apply with an AEO, you only need 1 year continuous experience under any skilled NOC. They may check with the AEO that it is a real job with a real employer and that you are qualified for the job but there is no requirement to actually take the job once you get your PR.

 

[martian]

URGENT: Risk of PR denial? - 0213 Complex scenario

Hi
I am on H1 B Visa in US.
I lost my job in Feb 2009 and moved to F2 Visa temporarily and stayed in US.
I got back into H1B visa in Sep 2009.
Besides this gap I never had any gaps in my entire 12 years professional career.

Meanwhile I had submitted my full application to Buffalo in Aug 2009 under 0213 NOC category.
Currently I am working as a Senior Project Manager.

Recently I got my medical request along with a request for experience letter of current job responsibilities and pay rate.
Few days before getting this request, I had sent additional information about my change of status to H1 Visa and current job to Buffalo office.

Am I at a risk of getting denied of PR?
What should I do?

Seniors please advise.

SOS
Martian

 

[slavasz]

No, you are fine.
Don't worry, soon you will be in Canada.
Even sooner than you think.

 

[martian]

If you are applying under the list of 38, you need a 1 year continuous experience as 0213 to be able to apply. If your 1 year is broken, you will likely be denied.


If you apply with an AEO, you only need 1 year continuous experience under any skilled NOC. They may check with the AEO that it is a real job with a real employer and that you are qualified for the job but there is no requirement to actually take the job once you get your PR.

Leon >>> Could you please elaborate on this list of 38 and 1 year continuous exp? Please see my details in the other post here and let me know if I am at risk?

 

[martian]

No, you are fine.
Don't worry, soon you will be in Canada.
Even sooner than you think.

Ni Hao Slavasz
Thank you so much for the prompt reply.

I hope to get few more assurances...almost had a heart attack!!
;D

Martian

 

[slavasz]

Nihao-nihao

Trust me!
I wouldn't tell you if I wasn't sure

 

[TuCa]

If you are applying under the list of 38, you need a 1 year continuous experience as 0213 to be able to apply. If your 1 year is broken, you will likely be denied.

Which I do have. Continuous since Nov 2008. So that's good.
I may have some issues with points in case my previous 4 yrs are not recognised as full... but will see.

If you apply with an AEO, you only need 1 year continuous experience under any skilled NOC. They may check with the AEO that it is a real job with a real employer and that you are qualified for the job but there is no requirement to actually take the job once you get your PR.

Clear thanks.

Please if anyone applied for FSW as a self employed I would appreciate if you could share your experience.

Thanks all !!!