Temporary wokrer in canada waiting for permanent residence

[dpak]

HI

I am a temporary worker in Canada waiting for my permanent residence. A little background I have a approved hrdc approved work permit till 18th june 2010. I applied for my permanent residence back in May 2009 and got an approval from sydney case processing center in NS canada in july and after that applied to new delhi india, they started processing my case in december 2009. My lawyer says i should be hearing something from them around end of january and feb 2010 for medicals. My application is a skilled worker application with a job offer signed from my employer and hrdc. My representative says it should be done within 8 months which is really not my concern, i have been working with my company for over 3 years now and I am heading the developement of a very big software and just afraid if the permanent residencship does not get through by that time and my hrdc application for work permit extension doesnt get through by that time i will have to go back and the project will stall and this will not be good for my career and the company and neither is something that i dont want.

Any insight, suggestions and help is greatly appreciated

thank you
deepak sharma

 

[mdarji]

Hi Deepak - By reading your thread looks like you would be the best person to answer me on my current situation.. Can you pls reply..

My PR application is already in process. CHC ND has already received my 120 days deadline docs - its currently "In Process".

At the same time, my current employer is filing my Work Permit to work for one of client in Canada. Is it possible to apply for WP while my PR app is in process ?

Will that affect any of either ? If my employer apply for WP will that be rejected saying my PR is already in Process ? or my PR app will get rejected because my WP is getting filed ? I am really nervous and don't know what to do... Pls help..

Your quick response in this concert will be greatly appreciated!

 

[dpak]

I am not an expert or anything so you may be good in getting a professional involved in all of this but according to me I would say yes you can apply for a wp even when your pr application is under process. The reason why is I currently reside in Canada and working here full time, so if the application doesn't get through by June 2010 I would have to apply for a new work permit to continue to stay, if I was to go back then my "Arranged Employment PR application" goes out of the window and I would have to apply again. So to keep the status of the application updated I will have to a current work permit and so I should be able to apply for a work permit. If you are outside of Canada then I have no idea how that works. Contact CIC or ask New Delhi embassy or just talk to an actual professional.

I hope this helps you.

Thank You
Deepak Sharma

 

[Leon]

If you got unlucky and were denied an LMO to extend your work permit, your employer can apply for AEO instead, easier to get and often granted even when LMO has been denied. You would then be able to send the AEO to CIC for your "arranged employment" and your application would still go through.

 

[dpak]

I already have an AEO from November 2009 that my employer got from HRDC and the same document is with New Delhi office as well. Does that mean my application for pr will be process before my work permit expires or I dont need to apply for an LMO? These are the questions that my representative cant even answer or does not want to answer.

I dont know its such a mess and sleepless night.

 

[Leon]

I already have an AEO from November 2009 that my employer got from HRDC and the same document is with New Delhi office as well. Does that mean my application for pr will be process before my work permit expires or I dont need to apply for an LMO? These are the questions that my representative cant even answer or does not want to answer.

I dont know its such a mess and sleepless night.

Two separate issues.

1) PR application: You are applying under FSW category 2, that is skilled worker with AEO. Since you are already working in Canada with an LMO and a job offer from your employer stating they continue to employ you after you get your PR, that can count as an AEO. However, since you already have an AEO, your PR application does not hang on your work permit and even if you were denied an LMO and had to go home, your PR application would still get processed.

2) Work permit: For a work permit, you need to have an LMO unless you are working under some LMO exempt category or you have an open work permit because your spouse has a work permit or is a student. An AEO does not allow you to work in Canada. It only allows you to apply for PR. To renew your work permit, you will need a new LMO.

 

[dpak]

How is LMO right now for Senior Software Developer. I was told it is not good and LMO is being denied because of the recession.

 

[Leon]

How is LMO right now for Senior Software Developer. I was told it is not good and LMO is being denied because of the recession.

I don't know but if you are denied an LMO, you can apply to change your status to visitor instead. It will buy you a little time to wait for your application although of course you wouldn't be able to work but you might be able to save yourself a trip back home.