leaving or staying in canada once application is in

[GO83]

Hi,

This may be a dumb question. But I am applying via the CEC. I am on a 3 year post graduation work permit currently that expires at the end of July. I realize now that the numbers for applications via the CEC have been lowered due to the economy (correct me if I'm wrong) and that in addition a huge number of foreign workers are now also eligible making it even tougher to get a spot... considering all this I was told I should put in for an LMO via my boss and that could tide me over till the application for the CEC is processed.

But.... if I ca'n't get a positive LMO and I've submitted my CEC and in July I still have not received perm res do I need to remain in Canada unemployed (I am from the USA) or can I move to the US and wait for notification? I heard that you must remain in canada once your application for perm res has been received..... but ugh unemployed in Vancouver can only last so long.

Thanks for any advice and let me know if I can clarify.

 

[jes_ON]

GO83, I don't know where you got your information, but :

(1) As far as I can tell, official policy is to give CEC applicants priority among the several classes of economic immigrants. And, they are supposed to be processed relatively quickly. Since the class is still new, there are no statistics yet to see what they are actually doing. If you qualify now, get your application in now!!

(2) It is true that fewer LMOs are being issued (at least in some provinces). To be on the safe side, your employer should apply for an LMO at least 4 months before the expiration of your work permit (beginning of April). Things could change by then (for better or worse). Before applying for the LMO, your employer will have to advertise/demonstrate effort to recruit a canadian citizen/permanent resident - requirements RE recruitment efforts vary by occupation, but you will need to do this latest in March.

(3) In the event that your LMO and/or TWP are refused, and you have not received a response yet on your CEC application, you MUST leave Canada by the date that your current permit expires. (You could also apply for a temporary residence permit, but you couldn't work, and clearly you don't want that).

(4) There is absolutely no reason you could not return to the US at any time after applying for CEC. However, be sure you are talking about the CEC program - if you are applying under the Federal Skilled Workers program (e.g. Cat 2) there is a requirement that you still have a job & valid work permit at the time the visa is issued...

 

[GO83]

Thank you so much for your response. A weight has been lifted.

I had heard from a number of people over the past few years that you need to remain in Canada once an application has been submitted or you jeopardize the result. It made no sense to me and I appreciate your clarification.