asker said:
I am an Australian citizen on working holiday visa (WHP VISA) extendable to 2015. I am currently working full time and have a permanent job offer. I applied for Federal skilled migration with arranged employment but my application was rejected TODAY quoting the following.
""
Although you have indicated that you have Arranged Employment, the type of work permit you hold does not meet the requirements of Regulation 82(2)a or the exemption requirements of Regulation 82(2)b of the Immigration and Refugee Protection Act (IRPA).
""
Info on the work permit I am on is available from whpcanada.org.au
I would like to contact CIC as I believe this may a wrong decision. Or are they right?
Please let me know of their email address, I need to contact them.
It is potent to note that the Working Holiday Program isn't aimed at letting an applicant immigrate to Canada. However, having gained Canadian Experience, while on a WHP visa, the applicant could apply for PR, if he's 'qualified' under a relevant stream.
Which could be any, viz. the FSW way or the CEC [given that s/he do not intend to move under the Federal Investor Program - which in any case is capped to 700, as of July 1, 2011 -- thus difficult].
FSW-2 (Federal Skilled Worker with AEO):
As an 'inland applicant' having an AEO helps, 'coz most VOs look at the availability of a permanent position very positively... the case is supposed to move fast. And this is one of the ways a WHP case could move.
However, there r regulations to be met:
1. The job has to be in Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or Skill Level B (technical occupations and skilled trades).
2. Your current employer must have made an offer (AEO) to give you a permanent job if you are accepted as a FSW, and your TWP [temporary work permit] must be valid both when you apply for the FSW program and when the PR visa is issued.
3. Your TWP [work permit] must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive LMO [labour market opinion] (OR you must be in a category that is exempt from an AEO) in order for your offer of employment to be valid.
4. And you meet all required Canadian licensing or regulatory standards associated with the job.
CEC (Canadian Experience Class):
A WHP case could also apply for permanent residence under the Canadian Experience Class. If s/he is either:
a) A temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience [O, A or B] in Canada, OR
b) A foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada.
AND have gained his/her experience in Canada with the proper work or study authorization
Note: Under CEC one can apply while working in Canada - or - within one year of leaving his/her Canadian job.
REFUSAL:
You do not meet the minimum work experience requirement if:
a) You gained your work experience without the proper status (for example, as an undocumented worker)
b) Your work experience in Canada is not classified as 0, A or B under the NOC list
c) Your TWP isn't confirmed thru a +ve LMO of HRSDC
d) For CEC: You do not have at least two years of work experience as a temporary foreign worker.
If you do not meet the minimum work experience requirements, your application for permanent residence will be refused.
I'm of the opinion that the OP's TWP isn't based on a +ve LMO. Thus the disapproval of the VO.
Or he doesn't have an HRSDC approved AEO to claim his eligibility under FSW-2.
If it is; and he meets the work experience requirement -- he should file-in a "Reconsideration Plea".
Hope that helped
!
Qorax
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Replied based on his descriptive PM.
