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Work permit for post-doctoral position

canand

Full Member
Jun 30, 2014
44
0
Category........
Visa Office......
CPC -Ottawa
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 9 2016
Doc's Request.
Nov 2, Jan 20, Jan 26
AOR Received.
Oct 9 2016
Hi,

I am an Indian citizen staying in the U.S for the past 7 years. I recently received a post-doctoral job offer from a Canadian University in Quebec. I went through the eligibility questionnaire, and I am currently preparing documents for work permit and I have the following questions. I would greatly appreciate if anyone can help.

I was trying to obtain a document checklist and came across the following issues:

Question 1 : I was asked what type of work permit I want to apply for, the options are

  • Through seasonal agricultural worker program
  • With a labor market opinion
  • Intra company transfer
  • Permit under international agreement
  • Permit under ESDC pilot program
  • A permit for provincial nominee certificate holder
  • A permit for entrepreneur or self-employed person
  • A permit for academic exchange, research or training
  • A permit for medical or dental residents or fellows
  • A work permit for charitable or religious work
  • A work permit for spouse, common law partner or child or a skilled worker or international student
  • A post graduate work permit
  • A work permit with a labor market opinion exemption

I picked a permit for academic exchange, research or training. I am not sure if this is the right one or if I should be going with some other type. I know post-docs positions are exempt from LMO. Does that mean I can choose between LMO exemption and research?

Question 2: do I need a employer declaration form? I was asked if I have one. I don't have one but I am not sure if I need one.


This is all I have for now. Looking forward to responses.Thank you !

-Anand
 

canand

Full Member
Jun 30, 2014
44
0
Category........
Visa Office......
CPC -Ottawa
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 9 2016
Doc's Request.
Nov 2, Jan 20, Jan 26
AOR Received.
Oct 9 2016
Any one have any ideas/ suggestions about the questions? I am supposed to start Sep 1. Given the processing times, I think I already may be late. I would really appreciate some positive responses.

Thank you!
 

amira_mais

Hero Member
Aug 18, 2011
635
20
Job Offer........
Pre-Assessed..
In answer to your first question, you should probably choose "a work permit with a labour market opinion exemption" since this option fits your situation.

I'm afraid I am not sure about your second question.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
canand said:
Hi,

I am an Indian citizen staying in the U.S for the past 7 years. I recently received a post-doctoral job offer from a Canadian University in Quebec. I went through the eligibility questionnaire, and I am currently preparing documents for work permit and I have the following questions. I would greatly appreciate if anyone can help.

I was trying to obtain a document checklist and came across the following issues:

Question 1 : I was asked what type of work permit I want to apply for, the options are

  • Through seasonal agricultural worker program
  • With a labor market opinion
  • Intra company transfer
  • Permit under international agreement
  • Permit under ESDC pilot program
  • A permit for provincial nominee certificate holder
  • A permit for entrepreneur or self-employed person
]
  • [/color] A permit for academic exchange, research or training
  • A permit for medical or dental residents or fellows
  • A work permit for charitable or religious work
  • A work permit for spouse, common law partner or child or a skilled worker or international student
  • A post graduate work permit
  • A work permit with a labor market opinion exemption

I picked a permit for academic exchange, research or training. I am not sure if this is the right one or if I should be going with some other type. I know post-docs positions are exempt from LMO. Does that mean I can choose between LMO exemption and research?

I think you picked the right one, but also that either one would be OK...

Question 2: do I need a employer declaration form? I was asked if I have one.

I think it's OK if you don't have one, CIC will ask your employer to fill it out if they need it (it is usually done for LMO-exempt occupations).
 

canand

Full Member
Jun 30, 2014
44
0
Category........
Visa Office......
CPC -Ottawa
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 9 2016
Doc's Request.
Nov 2, Jan 20, Jan 26
AOR Received.
Oct 9 2016
Thank you very much for your replies!I really appreciate your taking the time. If by any chance any of you have a document supporting either of the options, could you kindly share it. I have been very unsuccessful in finding any supporting documents or even getting on a call with the CIC. Also, how much in your view does it matter if I choose one category over the other? Documents wise I know they are similar except for, the research category requires a research proposal and an invitation letter. And the LMO exempt category requires an employment contract (outlining mandatory benefits etc., I don't have this either). I am not very much aware of the rules etc., but would it matter to the extent that the visa be denied in my application in one category instead of the other?

Other questions related to supporting documents :

I am asked for proof of eligibility to prove that I meet the job requirements. This is in addition to the diplomas. What documents do you think would serve the purpose here? May be a CV? anything else?

I need to provide a letter from current employer to verify my financial status - I was a student here in the U.S and I am not currently employed. So would any documents or explanation work here? May be my bank statements?

Looking forward to your opinions.

Thank you!
 

amira_mais

Hero Member
Aug 18, 2011
635
20
Job Offer........
Pre-Assessed..
ESDC's website indicates clearly that post-doctoral fellows are LMO exempt. See http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/academics/ and scroll down to the section titled Positions Exempt From ESDC Labour Market Opinions.

CIC's Foreign Worker Manual does the same in much more detail http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

Section 5.35, Canadian interests: Reciprocal employment—Academic exchanges R205(b), C22, page 78

Section 5.37, Work related to a research, educational or training program R205(c)(i), C30, page 79

See also Post-doctoral fellows awarded a Doctorate of Philosophy (Ph.D) and award recipients, C44 on page 82

Whichever category you choose to apply in, make sure you meet the requirements and have the supporting documents (job offer, degree parchments, CV, etc.) because the onus is on you, the applicant, to provide CIC with sufficient evidence that you meet the job qualifications and are eligible for an LMO exempt WP.

If your employer is willing, ask them to contact CIC's Temporary Foreign Worker Unit to get their assistance in determining which LMO exemption category you fit under and what you need to provide when applying for the WP.

From http://www.cic.gc.ca/english/work/employers/tfw-units.asp:
In cases where employers believe a LMO or Work Permit exemption may apply, they can request an assessment provided the foreign worker is from a visa-exempt country and is currently outside Canada. Requests and supporting documentation must be submitted at least 30 days prior to date of entry and can be e-mailed.

Montreal (serving Quebec, Nova Scotia, Prince Edward Island, New Brunswick, and Newfoundland and Labrador)
Montreal Temporary Foreign Worker Unit
E-mail: CIC-QUE-SRTE @ cic.gc.ca
 

canand

Full Member
Jun 30, 2014
44
0
Category........
Visa Office......
CPC -Ottawa
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 9 2016
Doc's Request.
Nov 2, Jan 20, Jan 26
AOR Received.
Oct 9 2016
Thank you very much! Your reply is very helpful!
 

tC44

Newbie
Jan 12, 2015
2
0
Hi,

I am an Indian citizen and a Master student at a French university. I was invited by McGill to conduct research there which will be my master practicum. They will be giving me a research award.

They told me to apply for a LMIA exemption, but they were not willing to provide the all the documents listed under LMIA exemption. Then I finalised the application, selecting the Academic exchange, research or training in the eligibility questionnaire. In the application form, I selected the LMIA exemption category, and the offer letter from McGill also states very clearly that I should apply for a C44 under research award recipient.

A few days after submitting the online application I received an email from PARISIMMIGRATION@international.gc.ca saying that I should upload an LMO.

What should I do now?