URGENT - Need to apply for canadian PR under arranged employemnt

[gargrahul69]

I am planning to apply for Canadia PR under skilled worker arranged employment category. Currently I am working in Toronto with a work permit (valid from July 2009 to Apr 2010). I have already got the arranged employment letter from my employer that they are willing to hire me indeterminately once I get the PR. Also I would be applying for work permit extension soon as it is expiring in Apr 2010. Please clear the following doubts:

1) When I will submit the initial PR application to CIC, my work permit says it is valid upto Apr 2010 (although I will apply for extension soon). Will this cause any problem in my initial application. Should I wait for my new extended work permit and only then apply.

2) There is a question in initial PR application which asks which visa office you want to apply to. I want to apply to Buffalo office but the condition is that you must have been lawfully admitted to that country (canada) for at least one year. Now again as my work permit says it is valid upto only Apr 2010 (and it started from july 2009, so less than an year), will this cause any problem.

Please note that I will apply for the work permit extension and there is no reason I shouldn`t get it before I will need to send the visa office specific documents. Also, my employer has given me the arranged employment letter.


Please suggest!

 

[ELAR]

I am planning to apply for Canadia PR under skilled worker arranged employment category. Currently I am working in Toronto with a work permit (valid from July 2009 to Apr 2010). I have already got the arranged employment letter from my employer that they are willing to hire me indeterminately once I get the PR. Also I would be applying for work permit extension soon as it is expiring in Apr 2010. Please clear the following doubts:

1) When I will submit the initial PR application to CIC, my work permit says it is valid upto Apr 2010 (although I will apply for extension soon). Will this cause any problem in my initial application. Should I wait for my new extended work permit and only then apply.
R. If you are going to apply inside Canada you need to be legally accepted for at least 1 year. (not your case). Try to extend your permit for more than one year next time.

2) There is a question in initial PR application which asks which visa office you want to apply to. I want to apply to Buffalo office but the condition is that you must have been lawfully admitted to that country (canada) for at least one year. Now again as my work permit says it is valid upto only Apr 2010 (and it started from july 2009, so less than an year), will this cause any problem.

Please note that I will apply for the work permit extension and there is no reason I shouldn`t get it before I will need to send the visa office specific documents. Also, my employer has given me the arranged employment letter.


Please suggest!

 

[qorax]

Dear Rahul,

I'm sure u have gone thru the site: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp
According to the FSW eligibility criteria, your application is eligible for processing if:

•you have an AEO, OR
•you are a foreign national who has been living legally in Canada for one year as a TFW or an international student, OR
•you are a skilled worker who has at least one year of experience in one or more of the 38 occupations listed.

Thus, besides ur WP, ur AEO itself suffices to apply. And ur WP shall definitely be an added advantage, just write a nice cover letter abt ur WP extension possibility.

So, go for it buddy...

 

[jes_ON]

Dear Rahul,

I'm sure u have gone thru the site: http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp
According to the FSW eligibility criteria, your application is eligible for processing if:

•you have an AEO, OR
•you are a foreign national who has been living legally in Canada for one year as a TFW or an international student, OR
•you are a skilled worker who has at least one year of experience in one or more of the 38 occupations listed.

Thus, besides ur WP, ur AEO itself suffices to apply. And ur WP shall definitely be an added advantage, just write a nice cover letter abt ur WP extension possibility.

So, go for it buddy...

No, there are two types of arranged employment - one is for those with an AEO from HRSDC, one is for those with a temporary work permit. Gargrahul69 asks a good question because if you are applying for Cat 2 on a work permit, in addition to the offer of permanent employment,

"Your work permit is valid at the time of the permanent resident visa application and at the time the visa is issued."

And from the OP6:

"in the case of applicants holding a work permit for a job for which they have a permanent
offer, the work permit must be valid on the date of application and at the time the visa is
issued. This replaces the requirement that the work permit be valid for 12 months from date of
application [R82(2)(a)(iii)];"

Apart from wondering how an applicant could possibly know when the visa would be issued (in this case, unlikely before April 2010), one would assume that a RENEWED work permit would be equally valid, but that's not what it says, so - how about it, PMM?


As for the one-year issue, it pertains to which visa office to apply to:
"the country in which you are residing, provided you have been lawfully admitted to that country for at least one year; or your country of nationality."

So, it appears that if you apply now you could NOT apply to Buffalo, but to the local visa office in your country of nationality. That's not necessarily bad, it might be faster than applying to Buffalo. But the bigger question is about keeping your visa - Ontario has really reduced the number of LMOs and you'd need a new LMO to renew the work permit. I would be optimistic and apply anyway, but let's hope someone can answer the first question!

 

[gargrahul69]

Thanks guys for the reply!

But one thing - my work permit is under IT category, so LMO is not required. That's why I am almost confident I should get it extended before I will need to send the visa office specific documents. Can I put a cover letter explaining that i have already applied for work permit extension. The thing is I don't want to apply in my native country (India) because I have heard the process is too slow there.

Alternatively, I will have to wait for three more months to get my WP extended first and then apply for the PR, but in that case I would loose 3 (precious) months

Rahul

 

[canpr]

Hi Rahul, what's the deal with no LMO required for IT professionals? Can you throw some light on that please?

Thank you.

 

[gargrahul69]

Sorry, I think I should have been more specific. So, there are some category under IT workers for which no confirmation letter from Human Resources and Social Development Canada (HRSDC) is required when hiring a foreign worker. Please see the following link:

http://www.cic.gc.ca/English/work/special-tech.asp

So, my question still stands. Can I apply to Buffalo with a cover letter about my work permit extension?

Please advice.

 

[PMM]

Hi

Sorry, I think I should have been more specific. So, there are some category under IT workers for which no confirmation letter from Human Resources and Social Development Canada (HRSDC) is required when hiring a foreign worker. Please see the following link:

http://www.cic.gc.ca/English/work/special-tech.asp

So, my question still stands. Can I apply to Buffalo with a cover letter about my work permit extension?

Please advice.

No, you weren't admitted to Canada for a year.

PMM

 

[canpr]

That's a nice insight. Thank you Rahul. This prompts me to ask couple questions if you guys don't mind me asking in this forum.

1. I have right now applied for PR under FSW - 1 (Skilled Worker) which is currently being processed by CIO. In this case, can I apply for work permit as well?

2. I am currently in a managerial position managing couple projects in one of the leading companies in the US and I applied for PR under NOC 0213. But, I have also got 6 years of experience with the few of the technologies specified in the table for which, there is no LMO needed (link provided by Rahul). So, I think I am qualified for Work Permit without LMO. Now, can I apply for this work permit under NOC 9990.5 when my PR is being processed under NOC 0213? Remember the qualification for the work permit without LMO is only two years of experience with any of those technologies in that table. That 2 year experience doesn't have to be current right?

3. The company I am consulting with may show interest in employing me through their Canadian office. My current H1 gets expired by November 2010. To avoid me going back to India, they might temporarily move me to Canada on a temporary work visa and apply for AEO and in the mean time if my Canadian PR application gets through, that would be great. Do you think this strategy is possible?

Your suggestions in this regard is highly appreciated.

Thank you.

 

[ELAR]

No, there are two types of arranged employment - one is for those with an AEO from HRSDC, one is for those with a temporary work permit. Gargrahul69 asks a good question because if you are applying for Cat 2 on a work permit, in addition to the offer of permanent employment,

"Your work permit is valid at the time of the permanent resident visa application and at the time the visa is issued."

And from the OP6:

"in the case of applicants holding a work permit for a job for which they have a permanent
offer, the work permit must be valid on the date of application and at the time the visa is
issued. This replaces the requirement that the work permit be valid for 12 months from date of
application [R82(2)(a)(iii)];"

Apart from wondering how an applicant could possibly know when the visa would be issued (in this case, unlikely before April 2010), one would assume that a RENEWED work permit would be equally valid, but that's not what it says, so - how about it, PMM?


As for the one-year issue, it pertains to which visa office to apply to:
"the country in which you are residing, provided you have been lawfully admitted to that country for at least one year; or your country of nationality."

So, it appears that if you apply now you could NOT apply to Buffalo, but to the local visa office in your country of nationality. That's not necessarily bad, it might be faster than applying to Buffalo. But the bigger question is about keeping your visa - Ontario has really reduced the number of LMOs and you'd need a new LMO to renew the work permit. I would be optimistic and apply anyway, but let's hope someone can answer the first question!

Apart from wondering how an applicant could possibly know when the visa would be issued (in this case, unlikely before April 2010), one would assume that a RENEWED work permit would be equally valid, but that's not what it says, so - how about it, PMM?


HHello seniors Iam very interested in getting the answer to this question (see above), if I haven't got my PR visa before my work permit validity, can I renew ait and keep my PR process OK, please let me know

 

[gargrahul69]

Guys, one more doubt i have....
if today i apply for the PR under arranged employment category assuming i have the arranged employment letter from my employer and validity of my work permit remains for next two year. What happens if, after I apply and before I get my PR:

1. I change my employer (in Canada only): I guess i need to inform the visa office and my application will be processed

2. I quit my employer and go back to my country (India). Please note that as far as i know, my work permit will still remain valid, even after leaving my job in Canada. And the condition for the arranged employment is that your work permit remain valid at the time you are issued a PR. So, this should work......but I may be wrong.....

Please suggest..

 

[198309271]

You have to keep working in canada until you get your PR.

 

[gargrahul69]

I was told by a lawyer that even if you quit your job, your work permit remains valid and you can stay in the country (Canada), although cannot work for any other employer. If my work permit remains valid (which is the only condition for getting a PR under arranged employment), why would not I get the PR? Does Canada visa office check your employment status at the time of issuing the PR? Is there any other document apart from what have been sent to visa office (buffalo), that need to be shown afterward? or in other words, how would visa office come to know that I have quit my job?

 

[jes_ON]

I was told by a lawyer that even if you quit your job, your work permit remains valid and you can stay in the country (Canada), although cannot work for any other employer. If my work permit remains valid (which is the only condition for getting a PR under arranged employment), why would not I get the PR? Does Canada visa office check your employment status at the time of issuing the PR? Is there any other document apart from what have been sent to visa office (buffalo), that need to be shown afterward? or in other words, how would visa office come to know that I have quit my job?

The valid work permit is not the only condition - the offer of permanent employment must also remain in effect at the time the visa is issued. They will check as part of the background check. If you quit AFTER they do that, say after you've received preliminary approval but before you get the visa, I don't know - but why risk it for the sake of a couple of months?