nooka

So my husband has been offered a job in Kamloops (yay!). I don't know if he wants the job or to live there yet, as we've not talked (he has another interview today in Victora, so has been traveling a lot these past few days). We are in this weird situation of being in the US but will be shortly out of status owing to my husband's US office being closed. So we need to move as soon as possible (a months grace is normally allowed). We will apply for the TWP at POE, but my husband thinks that the job is probably in one of the IT exempted categories (Software Developer - Services/Software Products Developer), although not specifically set out that way, and he meets the required qualifications (He has a Masters in IT, 7 years experience and is proficient in English), so if we can avoid waiting for LMO, which seems to be taking a very long time at the moment that would be great.

So has anyone done this, and how did you prove that the job was exempt? We would like to involve an immigration lawyer to make sure that everything is above board (and to avoid a repeat of the situation we find ourselves in across the border we want to go for PR as soon as possible) is this something they could help with?

Thanks as usual!

nooka

Anyone? My husband tells me the list is full of obsolete technologies, does that mean it is basically unusable now? The employer is keen to have us, and we would love to avoid the stress of waiting and waiting for the LMO (esp as we have no income and shouldn't really be here anymore), with the sort of waits that people have stated (I've seen up to 12 weeks quoted - not sure if that is due to problems in a particular provincial office, or more general delays).

Coffeepot

Hi Nooka my OH is or should be LMO exempt there are some posts on it including what to do just use the search at the top

nooka

I can find two or three mentions only, including a post from you asking pretty much the same question I did! Maybe my searching pattern was poor - I used LMO + exempt, and LMO +special (LMO +IT produced hundreds of posts because the search isn't case sensitive). I know about the seven job titles and the matrix, the question I have is how in practice did those who used this scheme come in, as I can't see what paperwork you need to prove your job fits in the categories, and how people managed it given that the matrix is so out of date (my husband said some of these technologies were no longer in use).

Coffeepot

Will look later Nooka someone did reply to my question in great detail about what they needed and how they did it i think someone went at POE as well and all was well, I know i had problems searching the threads as you say.

wbexpat

Hi

Disclaimer: I am not a lawyer and this is not advice.
However, I've been through all this so I kind of know the ropes. By all means use Google and double-check.

Make sure the OH has a job offer that specifically sets out the job title and requirements such that the border guy can disengage his brain and simply use his checklist.

You will need this:

(a) a citizenship that permits you automatic visitor status to Canada (ie, Brit, Yank etc)
(b) Passport
(c) Job Offer
(d) $150 by visa

The job offer needs to contain:

(a) his particulars
(b) the particulars of the company
(c) the job title
(d) job duties, locations etc
(e) minimum job requirements
(f) basic terms and conditions

Example letter:

===========
Acme Inc Headed notepaper

Wbx Pat
BritishExpats
Cyberspace

Dear Wbx Pat

Acme Inc have pleasure in offering you the position we discussed during your interview. Acme is an international IT consultancy based in Toronto and has 20 offices worldwide. It was founded in 1967 and employes around 8000 people.

The particulars of the position are as follows:
(a) The job title is Application Developer (National Occupation Classification 9990.5)
(b) The remuneration is 50,000 Canadian Dollars per year
(c) You will be based at the Toronto office
(d) Your duties will be Design and Implementation of client/server computer systems.
(e) Requirements for this position are:
1 - Bachelors or higher degree with a Computing element
2 - Proficiency in English
3 - A minimum of 2 years in client/server programming
(f) Core hours are 8:30 to 17:30 Monday to Friday
(g) Your start date is 8:30 on Nov 1 2008.
(h) This is a full-time permanent position
(i) Additional duties, hours, overtime and/or work locations may be specified from time to time with reasonable notice in writing to yourself in advance. See the company handbook for details.

Please indicate that you accept the offer using the proforma attached ASAP. Should there be any questions, please call 555-5555 and ask for Jimmy Jones, head of HR.

Best wishes, and see you on the first.

Acme Inc
============


This ticks all the boxes for the border guy. Remember to bring your certificates etc and a copy of your resume so he can ascertain that you are the same guy as job offer is for. Remember to bring a credit card for the $150 payment. Visa works good.

The ONLY problem is getting Acme Inc to write the above letter. It will be quite different from their usual proforma and you know what HR types are like to sticking to the numbers. A small firm will be more flexible but then they won't have the same track record as a company and will be less able to satisfy the border guy that the job offer is straight. In my experience getting the job-offer "Border Guard Compliant" seems to be the challenge,

Good luck

wbx

wbexpat

The skills matrix is a joke. Anyways, heres some links...

This is what CIC say (and is therefore the bible)
http://www.cic.gc.ca/ENGLISH/work/itw-jobs.asp

http://www.immigrationcanam.com/home.asp?page=5

http://www.immigration.ca/french/tempent-faq-faq.asp

When Googling, I used these keywords:
9990.5 expedited

Plenty of hits. Enjoy

wbx

spaceace

Does this mean the employer does not need to seek a LMO ?

TIA
S

wbexpat

THis is my information:

The employer does NOT need to seek an LMO - IF the job on offer is NOC code 9990.x where x is 1,2,3,4,5 or 6 - AND you turn up at the POE properly equipped with the correct offer letter.

But dont forget IANAL!

But I am currently in NS Canada on a WP and Im in the IT game so believe me, I've checked, double-checked and triple-checked. Follow the links I've provided above and do your research.

Cheers

BenB2

Education - "computing element."

Is there an actual definition of what this text means. Element implies component or part, although, I have also seen it posted that element means 100% (ie Computer Science) and nothing less.

If it does mean "element" in the UK sense then how much of an element duration / standard do they want.

I am also puzzled why they are asking for a Bachelor Arts (BA) rather than a Bachelor Science (BSc).

Silverdragon102

Dh met the criteria for not needing a LMO and as a precaution we applied to London and had everything sorted in weeks but would have been done in less if we didn't have to supply a reference from his old job as well as his current job. All in all we sent application between Christmas and New year and received letter from London giving us the go ahead to move on the 24th Jan. We sent letter from employer, copy of his masters plus job description on what he was currently doing

sbhusan

I searched NOC 9990 in hrsdc website but no luck..is the LMO exempted jobs have a special NOC in the 9990.X format which are not listed in hrsdc ? do I miss something ?

nooka

Thanks xbwebpat and others. We will get some legal advice on this, but it looks more possible than I thought from what you have said. We'd just like a little more control over the timing, as we want to move smoothly from the States to Canada to make things easier for the children - two international moves within 6-8mths is a lot to ask!

Airseir

Nooka,

Try an e-mail to [email protected]

Mention My name as a contact (Paul Archer) and explain where you husband has a job. If she can't help I am sure she will be able to find the appropriate contacts to put you onto.

nooka

Thanks, I'll give that a go. The employer told my husband that they were expecting to use the IT scheme, so that's hopeful! We'd like to be up in your neck of the woods before Halloween, as that seems like a good way to get to know our new neighbours