Laid off, work permit expiring soon, shall I send in for Skilled Workers now?

[RBC]

I submitted for extension of work permit in June 2009 and am still waiting for the result (got a letter imforming that it has been sent to the local CIC to process). But unfortunately I was laid off early this month and my work permit expiring by end of the month. I am looking for a job now. From what I have collected, I qualified for the Skilled Worker category 3 (residing legally in Canada for at least 12 months).

Questions:
1). Shall I apply for the permanent residency under Skilled Worker now while my current WP is still valid for 2 weeks? Or Shall I wait for the extension to come in eventhough i may be in implied status (chances are that it may get approved as I applied for the extension while I was still working) ?
2). If I send in the application for Skilled Worker now before I get the extension, will that affect the result of the extension of WP?

Appreciate any response. Thanks.

 

[jes_ON]

Hi RBC -

Have you been working in Canada for 2 years yet, by any chance? If so, you might qualify under the Canadian Experience Class (CEC). That might be a better way to go.

If you apply under the FSW Class 3, note that your work permit has to be valid at the time that the PR visa is issued. You are also supposed to be employed. So I would think that you do not qualify at this time. How will you submit proof of employment status?

In addition:

(1) the initial application to CIO-Sydney usually takes about 2 months, I don't know how they will respond if your permit expires between the time you submit the application and the time it is reviewed.

(2) If they give initial approval, but your work permit does not get renewed, you will not be able to complete the full application. (At that point, you could ask for a refund).

I don't know. I think if you are optimistic about finding a new job soon, I would wait ...

 

[RBC]

If you apply under the FSW Class 3, note that your work permit has to be valid at the time that the PR visa is issued. You are also supposed to be employed. So I would think that you do not qualify at this time. How will you submit proof of employment status?


Thanks jes_ON.

Correct me if I am wrong...only those claiming points from Arranged Employment would need to have valid WP at the time the PR visa is issued??
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

 

[jes_ON]

Hmm, I agree it's not stated like that in the Instruction Guide. You may be right...

On the Checklist, Cat 3 indicates the requirement to submit a Letter or employment or other proof of employment status:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5612E.PDF

But you may just need a letter as proof of your employment for a year.
http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq17.asp

So - you have a very good question! Anyone else?

It can't hurt to apply. If you do, let us know the outcome!

 

[RBC]

Hi jes_ON,
you have your point also....

In addition:

(1) the initial application to CIO-Sydney usually takes about 2 months, I don't know how they will respond if your permit expires between the time you submit the application and the time it is reviewed.

For Category 3, one of the requirements is that I have to still be in Canada. I may have left Canada by the time my case is processed, if I haven't got a new job by then.....
But then again, it doesn't say if it refers to when I submit the application or during the application gets processed. Do you know?

Another question, do you think it will affect the result of my extension if I submit the Skilled Worker PR application now?

 

[Leon]

I don't think it says anywhere that you have to stay in Canada after applying for FSW 3. If you find it somewhere, please post the link. They may have meant it that way but I don't think it actually says so anywhere.

I don't think applying for FSW will affect your work permit. There are loads of people applying for PR while on work permits. They only have to be convinced that you will leave at the expiry of your work permit if your PR doesn't come through.

 

[jes_ON]

Agree with Leon. If it is true that you only need to meet the conditions at the time of the application, you should be OK, the application date to CIO is the one that counts. If you're going to try it, get it in, fast!!!

from the OP 6 : "The application should be date stamped upon receipt. Please note however, the application
received date in CAIPS will remain as entered at the CIO. This date will also serve as the lock-in
date."

 

[RBC]

I don't think it says anywhere that you have to stay in Canada after applying for FSW 3. If you find it somewhere, please post the link. They may have meant it that way but I don't think it actually says so anywhere.

Got the info from FAQ section.
http://www.cic.gc.ca/english/information/faq/immigrate/skilled/skilled-faq17.asp
One of the requirements says "you are still in Canada" but doesn't indicate when.

What does "OP 6" means? What did you get this info jes_ON?

If the WP extension gets rejected, I will have to leave when the cureent one expires, eventhough my FSW in process at the CIC Sydney NS.

 

[Leon]

Since it's about eligibility to apply, I would assume they mean that you need to still be in Canada at the time you apply as opposed to CEC where you can go back to old country, think it over and then apply.

OP6 is the operational manual for the processing of skilled workers, see http://www.cic.gc.ca/english/resources/manuals/op/index.asp

 

[RBC]

Thanks Leon and I think you are right...