Will I qualify for CEC

[Confused_Desi]

Hello All,

Some background: Completed my engineering from Toronto in 2003, worked for approx 10 months (graduate work visa) after that in Toronto as an Applications Engineer. Got my MBA from the US and have been now working for the last 4 years as an IT Auditor in a Big 4 accounting firm. Now I am planning on getting a work visa (intra-transfer) from my current company to work in Canada.

Question: After working for a year in Canada can I apply under the CEC as I have a post-secondary degree from Canada? My current work experience is not inline with my engineering degree that I got from Toronto but is in line with my MBA from the US. OR will I have to work for 2 years before I can apply as a temporary foreign worker.

Per the CIC website:
You must meet these minimum requirements to apply for permanent residence under the Canadian Experience Class. You must:
...be either:
a temporary foreign worker with at least two years of full-time (or equivalent) skilled work experience in Canada, or
a foreign graduate from a Canadian post-secondary institution with at least one year of full-time (or equivalent) skilled work experience in Canada
...

But at the end they say:
...If you apply as a graduate of a Canadian post-secondary educational institution with Canadian work experience, it will be assessed using the above requirements, as well as:

- your education.


Thank you in advance.

 

[Essat]

Hi,

You should qualify for CEC after working for 1 year in Canada. The key things are:
- You have the engineering degree from Toronto - I am assuming it's a 4 yr degree
- The 10 months experience as an Applications Engineer will not qualify since it will have occurred more than 2 years prior to applying.
- The work experience does not have to be related to your education, as long as you have obtained it after graduating from an approved Canadian post-secondary educational institution and as long as it is classified as O, A, or B under the NOC list.

The bit about being 'assessed using the above requirements, as well as your education' simply means that if you are a applying as a graduate, you will be assessed on three criteria: work experience, language abilities, and education; as opposed to the temp. foreign worker who is only assessed using two criteria: work experience and language abilities. It only implies that in addition to the required work experience and language proficiency, you have to have graduated from a recognized Canadian post-sec institution having completed a program of atleast 2 years.

You could also look at the FSW - Arranged Employment stream and see if it is something that you can consider once you in Canada on a work permit. Your company should be willing to go through the process.....
Essat

 

[Confused_Desi]

Thanks Essat for you response.

Yes the Engineering degree is 4 years.

For CEC does the work experience have to fall under the 29 list of categories (or whatever it will be in 2011) or can it be any O,A or B under NOC. I can fall under the 1122 from the list of 29 but it is a little streching it. There are others in the list that I can easily match to.

Another related question while exploring the FSW - Arranged Employment stream you mentioned. IF I am already on a work permit in Canada, does the company still need to go through HRDC approvals or does the work permit already act as Arranged Employment and I can apply without HRDC? I dont think the company should be hesistant in applying for HRDC but trying to cover all my bases.

Thanks again.

 

[jes_ON]

For CEC does the work experience have to fall under the 29 list of categories (or whatever it will be in 2011)
No

or can it be any O,A or B under NOC.
Yes

I can fall under the 1122 from the list of 29 but it is a little streching it. There are others in the list that I can easily match to.
Be careful - Your NOC is likely listed on your work permit.

Another related question while exploring the FSW - Arranged Employment stream you mentioned. IF I am already on a work permit in Canada, does the company still need to go through HRDC approvals or does the work permit already act as Arranged Employment and I can apply without HRDC?

This is complicated. If you already have an LMO approval and a work permit, what you need is a letter from your employer stating that you will be offered PERMANENT full-time employment if you become a permanent resident. (Permanent means no time limit; this excludes people working on term-limited contracts). If you have a valid work permit and an offer of permanent employment from your employer, this is considered one type of "arranged employment;" you do not need to (cannot) go through HRSDC for an AEO,

The complicated part is - CIC requires you to remain employed with a valid work permit throughout the entire time the application is processed, up until the time you receive your PR visa. At any time in this process, if your work permit expires, or the employment arrangement ends, then so does your eligibility.

So, if you will need to renew your work permit after applying to CHC, your employer will have to seek approval for a new LMO to renew your work permit.

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

 

[Confused_Desi]

Thanks Jes_ON for your reply.

Just trying to confirm/clarify your response. I dont think I will have an LMO to gain my work permit as I am planning to do an Intra-company transfer to get a work permit. Do the 2 options (Work permit + offer of permanent employment OR work permit and permanent employment) still hold true if there is no LMO (as work permit is from Intra company transfer)?

You also mentioned:

If you have a valid work permit and an offer of permanent employment from your employer, this is considered one type of "arranged employment;" you do not need to (cannot) go through HRSDC for an AEO,

If I do receive a work permit and an offer of permanent employment from the employer- can I apply directly for immigration without having to wait for a year to be CEC eligible. As in this case I would have an AEO and can apply directly under the FSW (ofcourse meeting all other requirements: Language, funds, points etc)? Am I missing something?

Thanks again for all the responses !!

 

[jes_ON]

Thanks Jes_ON for your reply.

Just trying to confirm/clarify your response. I dont think I will have an LMO to gain my work permit as I am planning to do an Intra-company transfer to get a work permit. Do the 2 options (Work permit + offer of permanent employment OR work permit and permanent employment) still hold true if there is no LMO (as work permit is from Intra company transfer)?

I believe that many intra-company transfers are LMO-exempt. You would still be eligible.


If I do receive a work permit and an offer of permanent employment from the employer- can I apply directly for immigration without having to wait for a year to be CEC eligible. As in this case I would have an AEO and can apply directly under the FSW (ofcourse meeting all other requirements: Language, funds, points etc)? Am I missing something?

No, you are not missing anything. There is no "canadian experience" requirement (1 year, 2 years) under the Arranged Employment program. Yes, you could apply right away, intra-company transfers still eligible for consideration under Arranged Employment category. See the OP 6, p. 40:

www.cic.gc.ca/english/resources/.../op/op06-eng.pdf

 

[Essat]

@ Confused_Desi, Here is the link that jes_ON referred you to. The link in his post appears not to open.

http://www.cic.gc.ca/english/resources/manuals/op/op06-eng.pdf

Essat

 

[Confused_Desi]

Thank you Jes_ON and Essat for your responses.