Renewable contracts counted as "Permanent Offer" for FSW?

[shankqiu]

Hi,

I'm going to apply for the FSW program.

I'm currently working on a Renewable contract (renewing every 3 years). But there is no such words like "permanent", "three year" or "renewable" on my contract. Is it sufficient?

1. Does my case qualify for the "permanent employment offer" that FSW requires? ???

2. Also, I understand that work permit should be valid at the time of applying and approving permanent resident. My work permit is expiring less than a year... What should I do to deal with this? Extend work permit before applying for PR, or extend it later when PR application is in process? :-\

3. I'm on the IT program now, so no HRSDC LMO was obtained. I know the IT program expires in October. If I apply before that, I should be OK without an AEO, right? :-X

3. Apart from the FBI criminal certificate, is state police certificate also required/mandated?

Any input is appreciated!

cheers!

 

[jes_ON]

I'm currently working on a Renewable contract (renewing every 3 years). But there is no such words like "permanent", "three year" or "renewable" on my contract. Is it sufficient?


1. Does my case qualify for the "permanent employment offer" that FSW requires? ???


To apply under arranged employment, your employer will have to provide you with a letter offering you PERMANENT (not contract) employment upon obtaining permanent resident status. If your employer offers you a renewed contract instead of permanent employment, it will not qualify. Permanent means no end date on the contract. Your previous contract does not matter, what matters is whether your employer can offer you a permanent job.

But for many occupations (like mine) where renewable contracts are the norm, this rule really bites; my employer could not legally offer permanent employment, so you will have to have a discussion with your employer about this.

But if you have been working here at least 2 years, why not apply under the Canadian Experience Class?


2. Also, I understand that work permit should be valid at the time of applying and approving permanent resident. My work permit is expiring less than a year... What should I do to deal with this? Extend work permit before applying for PR, or extend it later when PR application is in process? :-\

Extend as necessary; if you get a new work permit after you have submitted your application, just send a copy to CIC to update your file.

But again, why not the CEC program? If something happens and you don't get your work permit renewed, you will lose your eligiblity. CEC does not have this restriction.


3. I'm on the IT program now, so no HRSDC LMO was obtained. I know the IT program expires in October. If I apply before that, I should be OK without an AEO, right? :-X

Theoretically, yes, and you should do it probably sooner rather than later...

3. Apart from the FBI criminal certificate, is state police certificate also required/mandated?

Not unless/until it is requested by the visa office.

 

[shankqiu]

Thanks jes_ON!

The problem is I just arrived in Canada for only several months... hence not qualify the CEC. Only FSW Cat 2 :-[ :'(

So even my contract does not mention the term time, it's still no good for FSW? It has to have "permanent" literally written in the offer letter?

thanks.

 

[shankqiu]

Hi jes_ON,

I see you wrote those based on your own experience:

http://www.canadavisa.com/canada-immigration-discussion-board/fsw-category-3-proof-of-funds-required-t23810.0.html

So in the end, the VO said no to your contract and you would have to re-apply under CEC?

thanks

 

[shankqiu]

UPDATE, I just called CIC and got confirmed about my questions. See below. Hope this helps anyone who is in similar situation as me. ;D

Hi,

I'm going to apply for the FSW program.

I'm currently working on a Renewable contract (renewing every 3 years). But there is no such words like "permanent", "three year" or "renewable" on my contract. Is it sufficient?

1. Does my case qualify for the "permanent employment offer" that FSW requires? ???
Yes, as long as the employer would keep me for longer term upon the time I receive the PR.

2. Also, I understand that work permit should be valid at the time of applying and approving permanent resident. My work permit is expiring less than a year... What should I do to deal with this? Extend work permit before applying for PR, or extend it later when PR application is in process? :-\
Extend it 30 days before the WP expires.

3. I'm on the IT program now, so no HRSDC LMO was obtained. I know the IT program expires in October. If I apply before that, I should be OK without an AEO, right? :-X
Yes.

3. Apart from the FBI criminal certificate, is state police certificate also required/mandated?
No, not required.

Any input is appreciated!

cheers!

 

[jes_ON]

Hi jes_ON,

I see you wrote those based on your own experience:

http://www.canadavisa.com/canada-immigration-discussion-board/fsw-category-3-proof-of-funds-required-t23810.0.html

So in the end, the VO said no to your contract and you would have to re-apply under CEC?

thanks

I was evaluated as FSW3 instead of FSW2. I withdrew the application, and have since reapplied under CEC.

 

[jes_ON]

Thanks jes_ON!

The problem is I just arrived in Canada for only several months... hence not qualify the CEC. Only FSW Cat 2 :-[ :'(

So even my contract does not mention the term time, it's still no good for FSW? It has to have "permanent" literally written in the offer letter?

If you look at the document checklist, #10, "You must submit a letter from your employer indicating that you will be employed indeterminantly upon receiving permanent resident status..." Your contract is not a required document, nor is it a substitute for this letter.

http://www.cic.gc.ca/english/information/applications/skilled.asp

 

[jes_ON]

Hey guys - new instructions for processing work permit renewals until Oct 1 for IT occupations -

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob225.asp

 

[druid2010]

Hey guys - new instructions for processing work permit renewals until Oct 1 for IT occupations -

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob225.asp

so if i applied in june 2010, do i need an lmo??