Hi folks,
I have been lurking the forums for a long time and have gained some valuable insight in the past, but am in a unique situation at the moment and am finding it overwhelming putting the information together from various different sources so would definitely appreciate an help and opinions.
The following is a timeline of my situation(important dates in bold):
Jun 2009 - Completed three year diploma program and Received a 3 year PGWP
Jun 2009 - Dec 2010 - Was Self-employed, until I realized that I would not be able to qualify for CEC/FSW using that experience
Feb 2011 - Started working for a Financial Services company
Jul 2011 - Applied for PR under FSW-2 with letter from employer for indeterminate
Sep 2011 - Had documents sent back to me as the package was missing my birth certificate
Apr 2012 - Re-applied for FSW-2 with a very thorough package. Had 85 points in total incl. the points for arranged employment
Apr 2012 - Recieved AOR - received a positive final determination of eligibility for processing on the basis of Arranged Employment in Canada (app forwarded to Buffalo, NY - Have no idea which office is processing it now!)
Jun 2012 - Applied for work permit extension application prior to my work permit expiring
Aug 2012 - Changed employers and joined a major bank as first employers were not applying for LMOs due to recent rejections(thats what they said)
Aug 2012 - Applied for second work permit extension - for new employer
Sep 2012 - First Work rejected
Sep 2012 - New employer informed me that they had stopped doing LMOs for the position I held too
Sep 2012 - Resigned from second Position and stopped working
Nov 2012 - Applied for a study permit (Nov 16) as I did not want to wait for the second rejection and I had already applied for a Post-Grad course
Nov 2012 - Second work permit got rejected and the letter of rejection states that my restoration of status period expires on Feb 21 2013
Jan 2013 - Based on the processing times my study permit online application should have been processed this week as I haven't received my study permit yet I am deferring my admission to the spring semester
So the situation as I see it:
1. Regardless if I receive the study permit or not, as I am no longer on a work permit as I understand that jeopardizes my FSW-2 application
2. I have spoken to my previous employers (first company) and while they are considering if they can do a LMO, I am leaning more towards having them do an AEO as it is more time practical incase my PR gets processed sooner comes sooner
3. I recently came to know about the Bridging Open Work Permit and it looks promising (an potentially a god send), I understand that it requires that I: Have valid status on a work permit that is due to expire within 4 months;
My confusion:
1. Assuming that nothing goes my way, would the visa officer still consider the FSW-2 application, without the points for arranged employment? (75 points excl. arranged employment? Is this even something I can remotely depend on?
2. If I get an AEO from my previous employer would it help keep my current FSW-2 application valid.
3. Does this make any sense? - I am considering applying for the Bridging Open Work Permit anyways, as I am still in restoration of status, and technically while it does not qualify for "a work permit that is due to expire within 4 months" going by the IP 6 Manual under ( 5.8 ) Restoration the manual states that:
So in summary.
What do you guys think might be my best recourse?
Any opinions and help would is much appreciated.
Regards.
I have been lurking the forums for a long time and have gained some valuable insight in the past, but am in a unique situation at the moment and am finding it overwhelming putting the information together from various different sources so would definitely appreciate an help and opinions.
The following is a timeline of my situation(important dates in bold):
Jun 2009 - Completed three year diploma program and Received a 3 year PGWP
Jun 2009 - Dec 2010 - Was Self-employed, until I realized that I would not be able to qualify for CEC/FSW using that experience
Feb 2011 - Started working for a Financial Services company
Jul 2011 - Applied for PR under FSW-2 with letter from employer for indeterminate
Sep 2011 - Had documents sent back to me as the package was missing my birth certificate
Apr 2012 - Re-applied for FSW-2 with a very thorough package. Had 85 points in total incl. the points for arranged employment
Apr 2012 - Recieved AOR - received a positive final determination of eligibility for processing on the basis of Arranged Employment in Canada (app forwarded to Buffalo, NY - Have no idea which office is processing it now!)
Jun 2012 - Applied for work permit extension application prior to my work permit expiring
Aug 2012 - Changed employers and joined a major bank as first employers were not applying for LMOs due to recent rejections(thats what they said)
Aug 2012 - Applied for second work permit extension - for new employer
Sep 2012 - First Work rejected
Sep 2012 - New employer informed me that they had stopped doing LMOs for the position I held too
Sep 2012 - Resigned from second Position and stopped working
Nov 2012 - Applied for a study permit (Nov 16) as I did not want to wait for the second rejection and I had already applied for a Post-Grad course
Nov 2012 - Second work permit got rejected and the letter of rejection states that my restoration of status period expires on Feb 21 2013
Jan 2013 - Based on the processing times my study permit online application should have been processed this week as I haven't received my study permit yet I am deferring my admission to the spring semester
So the situation as I see it:
1. Regardless if I receive the study permit or not, as I am no longer on a work permit as I understand that jeopardizes my FSW-2 application
2. I have spoken to my previous employers (first company) and while they are considering if they can do a LMO, I am leaning more towards having them do an AEO as it is more time practical incase my PR gets processed sooner comes sooner
3. I recently came to know about the Bridging Open Work Permit and it looks promising (an potentially a god send), I understand that it requires that I: Have valid status on a work permit that is due to expire within 4 months;
My confusion:
1. Assuming that nothing goes my way, would the visa officer still consider the FSW-2 application, without the points for arranged employment? (75 points excl. arranged employment? Is this even something I can remotely depend on?
2. If I get an AEO from my previous employer would it help keep my current FSW-2 application valid.
3. Does this make any sense? - I am considering applying for the Bridging Open Work Permit anyways, as I am still in restoration of status, and technically while it does not qualify for "a work permit that is due to expire within 4 months" going by the IP 6 Manual under ( 5.8 ) Restoration the manual states that:
- If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with R182. This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions.
- The phrase “initial requirements for their stay” should not be read too literally when it is being applied in the context of a restoration application, and the requirements of R179 should not be applied rigidly in that regard. The preferred interpretation in this context would be that the person seeking restoration must meet the requirements of the class under which they are currently applying to be restored as a temporary resident
So in summary.
What do you guys think might be my best recourse?
Any opinions and help would is much appreciated.
Regards.
