Reasons, pros & cons to apply for PR via CEC, this year vs. 2014 and beyond?

[da1jonty]

Hi everyone,

This is my first post on this forum, I'm a newbie member. I came upon this forum when I was searching online for information regarding Canadian Permanent Residency application process, particularly in regards to the newly relaunched Canadian Experience Class program, as well as other people's experiences with the previous CEC regulations, i.e. pre-requisite of 24 months of Canadian full-time job experience in NOC Type 0, A, B occupations.

My situation

I'm an Australian citizen on a 2 year Working Holiday visa, currently in Vancouver BC - I understand this makes me a temporary foreign worker (TFW) with an open work permit (OWP) status. The OWP is expiring in April 12th 2013, and I cannot extend/renew the WH visa. I have looked at various pathways to obtain Canadian Permanent Residency, and given my circumstances and situation, I believe there is realistically only 2 options available to me: 1) BC Provincial Nominee Programme (PNP), 2) Canadian Experience Class

1) BC PNP: at this point in time, I haven't found a BC employer who would give me a written letter of permanent employment, so unless I get lucky in the next few weeks in getting a permanent job offer in BC, its currently not a viable option.

2) CEC: this is currently the only realistic option I have on the horizon, especially when I will have accumulated 369 days of Canadian full-time NOC Type B work experience by March 1st, and I don't have a written job offer from a Canadian employer.

I have downloaded forms and read on all the requirements (e.g. police certificate, English assessment, Document checklist), but I have not begun to write or submit any papers or requests as yet (e.g. police check, English test).


My question to others on this forum:

Should I apply now or hold off til sometime later in the future?

Should I apply for Canadian PR via CEC application, as soon as I obtain 12 months Canadian job experience (March 1st onwards), because under the newly launched CEC program, I can do it as soon as I get all the paperwork ready, and get it out of the way?

Or can I afford to wait, and apply for it sometime between late this year, 2014/2015? I'm still not 100% certain I want to apply for PR now, but it'll be in the back of my mind, for weeks and months.

If there is a historical trend for Immigration Canada to relax and tighten various PR application rules & regulations over time, in response to things like higher/lower intake of applications from one year to the next, etc., then if I wait too long, I may end up in a situation where I'll be locked out of CEC as I will only carry with me 1 year of Canadian work experience.

Has anyone been able to attest to this scenario? the trend whereby if its relaxed this year (24 months Canadian job experience reduced to 12 months), next year they (CIC) could very well decide to re-tighten the requirements to reduce intake and/or lower quotas for CEC applications in 2014/2015? Has this happened in the past?

If people's general consensus here is that its recommended to apply soon whilst the regulations are relaxed as they are now, then I'd probably do it.


Does my current WH visa expiry date of April 12th have any bearing on the CEC process?

To my understanding, especially since I don't have a job lined up after March 1st, and my visa is expiring April 12th, I can't apply for Bridging Open Work Permit, because even if I did apply for it, I need to wait for Acknowledgement of Receipt (AOR), which typically takes several weeks, maybe 2 months? And by then, my visa would have expired.

With that said, if I simply focus on CEC application, is it better all-round for me to send my CEC application, in-land, before April 12th? Or there isn't much difference if I sent off my CEC application by mail, after April 12th? e.g. I go travelling, go home to Australia, then apply for CEC (but within this calendar year, if I should be concerned about re-tightening of the CEC requirements)?


Thanks in advance!

 

[lithium002]

Do you intend to immigrate to Canada? If the answer is yes, then applying now would be better than waiting. Why exactly do you want to wait?

The recent changes in CEC are an indication that CIC wants to admit more permanent residents through that class now, however, that sentiment may change in the coming years if there is a surplus of people trying to get in (which hasn't been the case since it was introduced).

You should apply as soon as you become eligible if you can afford the $550 application fee. AORs have also been arriving a lot quicker, although that might be a bit of a bargain with your OWP expiration date. You should look at the applicants who applied in December and January. Most have received their AORs within 4-6 weeks.

 

[irishgirlTO]

This is practically my exact situation. My visa expires April 10th and I am applying to CEC now. By the time I get all my documents together and write my english test, I'll be looking at March 1st for my application to be sent in and if I don't get my AOR before April 10th, then I have to leave while the process my application. I tried looking into extending my work visa but unless I get an LMO, I can't and I don't think my employer will do that.

If I was you, I would apply straight away. Don't wait.

 

[da1jonty]

Do you intend to immigrate to Canada? If the answer is yes, then applying now would be better than waiting. Why exactly do you want to wait?

I'm not 100% absolutely dead certain on settling in Canada in a hurry - I'm single, my family and relatives are all in Australia, still want to see more of the world - but given factors including (but not limited to) economic outlook for the next few years, job/career prospects, desire to explore more of Canada/USA and financing my travels, and the higher risk of being 'locked out' of applying for Canadian PR if I wait too long, all these things are making me seriously consider taking the application.

The recent changes in CEC are an indication that CIC wants to admit more permanent residents through that class now, however, that sentiment may change in the coming years if there is a surplus of people trying to get in (which hasn't been the case since it was introduced).

So in the past few years, CEC application intake/quota numbers have not been restricted, i.e. since its inception, CEC's requirements included the mandatory 24 months of Canadian skilled job experience, until the very recent relaxation (24->12 months)? Whereas other PR programs (Federal Skilled Worker for example) have had quotas increased/decreased?

You should apply as soon as you become eligible if you can afford the $550 application fee. AORs have also been arriving a lot quicker, although that might be a bit of a bargain with your OWP expiration date. You should look at the applicants who applied in December and January. Most have received their AORs within 4-6 weeks.

Even if I'm that quick with sending off the application, am I correct that processing time will take about 13 months, as per the CIC webpage? Does sending my application before, or after my OWP expiration date - and whether I send it in-land or from outside Canada - make a difference?

This is practically my exact situation. My visa expires April 10th and I am applying to CEC now. By the time I get all my documents together and write my english test, I'll be looking at March 1st for my application to be sent in and if I don't get my AOR before April 10th, then I have to leave while the process my application. I tried looking into extending my work visa but unless I get an LMO, I can't and I don't think my employer will do that.

If I was you, I would apply straight away. Don't wait.

irishgirlTO, I haven't even begun submitting anything in regards to the police checks and English test. These take time to setup, not to mention the rest of the Document checklist stuff. I may end up not being able to apply for CEC after March 1st straight away... and that's largely due to me being hesitant as to whether I want to apply for CEC asap or try to hedge my bets, and see if I can land a permanent job offer between now and end of March.


w.r.t. your OWP expiring on April 10th, this maybe of relevance to you.

I intend to submit an application to Change of Conditions to my (OWP) work status, either online (up to the day before my visa expires April 12th) or by mail (slightly riskier) and have it received at the Case Processing Centre in Vegreville, Alberta. Presuming that the application has been received on or before April 12th (preferrably before), then once my OWP status expires, from then onwards (April 13th) I will be on implied status.

AFAIK, implied status means I can't seek employment, I'm simply allowed to stay in Canada. If I leave Canada to the USA anytime and return to Canada anytime during the implied status period (which ends when CIC sends back an acceptance or refusal of application), the implied status 'expires' and I'll be re-assessed at the Canadian point of entry as a new visitor. This is allowed and should be fine as long as proof of application and application fee payment is presented to the POE border official.

You don't have to physically leave Canada *if* you apply for the Change of Conditions to your visa status prior to its expiration.

Or you can leave to the US and come back to Canada after a few days, past the visa expiration date - you'll be re-assessed at the POE and have to give sufficient reasons to be let into Canada, e.g. being a tourist visitor.

This was gleaned by my having rung up the CIC Call Centre hotline earlier this morning and spoke to a Call Centre person, and went over a lot of detail and hypothetical scenarios about me leaving/re-entering Canada, before/during/after implied status period.


If anyone else on this forum can chime in with their reasons, motivations, on applying for CEC this year as opposed to postponing it til later, I'd love to hear from you.

Thanks!

 

[ozchicsashk]

I'm also an Aussie and have been on multiple WHP's, and now on my last one expiring Oct 2014. I turn 31 this year so no longer eligible to get another WHP and have just submitted my application to CEC.

My advice if you want to stay on in Canada is to apply as soon as you become eligible. Get all the paperwork started now. Police Check took about 2 weeks for me to get - you can do it all online now for Australian Federal Police Check - print some forms and scan it back to them. They will mail it to a Canadian address.

Register for an IELTS test - the test results are valid for 2 years so you may as well do it now, and the results take a couple of weeks to some through.

Once you submit a CEC application and your WHP expires, i would suggest 'flagpoling' and re-entering on a tourist visa (valid 6 months) until you get your AOR. I'm not entirely sure if you'll be eligible for a bridging visa once your WHP expires, as this is a new initiative from CIC.

But all in all apply as soon as you can as it will take probably 13 months to come through. You could travel back to Oz in this time and still have it all processing - or decide to send it from home. Most important is to note to submit it within the time frame required.

Hope that helps!

 

[jes_ON]

I'm not entirely sure if you'll be eligible for a bridging visa once your WHP expires, as this is a new initiative from CIC.

No, you are only eligible for the bridging open work permit if (1) you have already applied for CEC and have received your AOR, and (2) you have a valid work permit that will be expiring within 4 months

So, once your work permit has expired, you are no longer eligible for the BOWP.

 

[jes_ON]

Should I apply for Canadian PR via CEC application, as soon as I obtain 12 months Canadian job experience (March 1st onwards), because under the newly launched CEC program, I can do it as soon as I get all the
Has anyone been able to attest to this scenario? the trend whereby if its relaxed this year (24 months Canadian job experience reduced to 12 months), next year they (CIC) could very well decide to re-tighten the requirements to reduce intake and/or lower quotas for CEC applications in 2014/2015? Has this happened in the past?

As you know, CIC has just implemented a major revision to the CEC program. There may be some minor tweaks over the next year or two. It's certainly not possible to predict, but I would not expect any more major changes for a while. It is also difficult to predict what will happen with the new annual quota of 10,000 CEC applications at this time.

Does my current WH visa expiry date of April 12th have any bearing on the CEC process?

Not so much the expiration of the work permit, but your work experience cannot be older than 3 years at the time you apply - so there is a shelf-life to your work experience.

With that said, if I simply focus on CEC application, is it better all-round for me to send my CEC application, in-land, before April 12th? Or there isn't much difference if I sent off my CEC application by mail, after April 12th? e.g. I go travelling, go home to Australia, then apply for CEC (but within this calendar year, if I should be concerned about re-tightening of the CEC requirements)?

Not much difference, in my opinion, as long as there's no danger of your work experience aging past the 3 year mark...

 

[da1jonty]

I thought about it long and hard... and I made the decision to go for it!

My advice if you want to stay on in Canada is to apply as soon as you become eligible. Get all the paperwork started now. Police Check took about 2 weeks for me to get - you can do it all online now for Australian Federal Police Check - print some forms and scan it back to them. They will mail it to a Canadian address.

Register for an IELTS test - the test results are valid for 2 years so you may as well do it now, and the results take a couple of weeks to some through.

Yep, I registered a few days ago, unfortunately I didn't realise how fast these dates get booked. I booked the only remaining test date venue, March 9th. So the date I can get the test result is March 21st. I'm in the process of getting both AUS and UK police certificates done and ready to go before March 21st.

Once you submit a CEC application and your WHP expires, i would suggest 'flagpoling' and re-entering on a tourist visa (valid 6 months) until you get your AOR. I'm not entirely sure if you'll be eligible for a bridging visa once your WHP expires, as this is a new initiative from CIC.

ozchicsashk (and anyone else for that matter) - can you explain flagpoling? I've never done it before.

And what distinct advantages does that approach have over what my aforementioned plan was:- spend $75 on a mailed Change of Visa Condition application to Immigration Canada, get implied status of roughly 4 months (as long as I don't exit and re-enter Canada in those 4 months), get a reply with approval of 6 month visa, thereby effectively getting 10 months of visitor status?

Whereas if I did visit the US and come back after April 12th, I take it that the Point of Entry border official could easily choose to simply stamp me on the spot with a 6 month visitor visa?

Is one approach 'safer' / 'less risky' / 'less hassle' than the other?


Thanks!

 

[da1jonty]

No, you are only eligible for the bridging open work permit if (1) you have already applied for CEC and have received your AOR, and (2) you have a valid work permit that will be expiring within 4 months

So, once your work permit has expired, you are no longer eligible for the BOWP.

Thanks for the clear and concise reply - so given that my English test is on March 9th, and I would get the results on the 21st, even if I were to immediately send all papers henceforth to Immigration Canada, that's only about 3 weeks til my visa expires. That's too short a timeframe to realistically expect a BOWP to succeed, no?

 

[jes_ON]

even if I were to immediately send all papers henceforth to Immigration Canada, that's only about 3 weeks til my visa expires. That's too short a timeframe to realistically expect a BOWP to succeed, no?

Correct.

 

[ozchicsashk]

I thought about it long and hard... and I made the decision to go for it!

Yep, I registered a few days ago, unfortunately I didn't realise how fast these dates get booked. I booked the only remaining test date venue, March 9th. So the date I can get the test result is March 21st. I'm in the process of getting both AUS and UK police certificates done and ready to go before March 21st.

ozchicsashk (and anyone else for that matter) - can you explain flagpoling? I've never done it before.

And what distinct advantages does that approach have over what my aforementioned plan was:- spend $75 on a mailed Change of Visa Condition application to Immigration Canada, get implied status of roughly 4 months (as long as I don't exit and re-enter Canada in those 4 months), get a reply with approval of 6 month visa, thereby effectively getting 10 months of visitor status?

Whereas if I did visit the US and come back after April 12th, I take it that the Point of Entry border official could easily choose to simply stamp me on the spot with a 6 month visitor visa?

Is one approach 'safer' / 'less risky' / 'less hassle' than the other?


Thanks!

Congrats on making the decision to just go for it!

'Flagpoling' is just simply going to the nearest border - advising the US immigration officer you do not want to stay, you are just making a trip for visa purposes - hence turn around at the flagpole. I'm not entirely sure the process for the 'implied status' - i have no experience with it unfortunately, but have flagpoled a couple of times with no issues - for both a visitor visa (for my boyfriend who got 6 months no problem) and for a new work permit. You can always go to the US for a vacation and come back and still get the 6 months - it all depends on what you want to do.

I take it you are in the same boat as me - too old now to apply for another WHP?