DragonBritt

Hi all

Have been working in canada for 9 months now on a temp work permit. Came across this article on TheStar which states that "Foreign workers, students can apply for status from within Canada starting in October".

http://www.thestar.com/News/Canada/article/476977

Basically you can apply for permanent residency whilst still in Canada starting from october. My visa expires 26 october. Would it be better to apply within canada or back in UK? The field of work that i am doing is in GIS so its in the NOC. I checked on the cic website but doent have info on this new law. Anyone have further info?

Cheers

PMM

Hi

1, For the Canadian Experience class you need 2 years of work in Canada, in NOC leve A,B, or O
2. Or 2 years of post secondary education and 1 year of skilled work in Canada.
3. Go the horses mouth, www.cic.gc.ca rather than a newspaper's interpretation.

http://www.cic.gc.ca/english/departm...2008/index.asp

DragonBritt

Thanx for the clarification.

So this means i would have to apply for an extension to remain in canada for another year as a skilled worker http://www.cic.gc.ca/english/informa...end-worker.asp
Then once i complete another year i can apply for experience class immigration, is that correct?? im confused as to what route to take if i want to get PR??

cheers

Judy in Calgary

If your present employer is willing to give you a permanent job offer, I wouldn't bother with Canadian Experience Class. It would add an unnecessary layer of complication.

If you want to remain in Canada, your immediate priority is to apply for a renewal of your current temporary work permit. Take care of that first.

Then, if your employer is willing to offer you a permanent job, apply for permanent residence. If your PR application is backed up by a permanent job offer, it will be expedited. For instructions on how to do that, see the Wiki article called Fast Track PR Application-Canada.

Hope that helps.
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DragonBritt

Hi Judy. Thanx for the information.

so if my employer decides to give me a permanent position next week then should i apply straight away for the work extension (the link i gave above) or the PR fast track?? Or do i apply for the PR fast track once i receive an approved extension?? My visa expires 26th October

regards

Judy in Calgary

You should apply for an extension of your work permit before you do anything else.

Others may be able to advise you on this, but my understanding is that, if your employer needed a labour market opinion (LMO) on the last go round, he'll need an LMO on this go round as well. That is, you need to ensure that the LMO is secured, and you need to apply for an extension of your temporary work permit (TWP).

If you have questions about extending your TWP, you probably should start a new thread about it. People who would be able to answer your question about that, but who do not know anything about a new immigration class, may not open this thread.

Then, once your application for the extension of your TWP has been submitted, you can apply for PR and ask that your application be expedited on the basis of pre-arranged employment.

In order to have your PR application expedited on the basis of pre-arranged employment, you have to be in Canada on a permit that allows you to be in the country for a year. If you've been in Canada on a work permit for 9 months and if your work permit will expire on Ocotber 26th, it seems to me that you may be in Canada on a work permit that is valid for only 11 months (if I've understood you correctly and if my calculation is right). If my understanding is correct, you are not yet in a position to request that your PR application be expedited on the basis of pre-arranged employment (because you are not in Canada on a permit that allows you to be here for at least a year).

It is to be hoped that your TWP will be extended for at least a full year. This would put you in a position to submit a PR application and request that it be expedited on the basis of pre-arranged employment.

If you have not already done so, I strongly recommend that you read the Wiki article called Fast Track PR Application-Canada.

Oh yes, here's another warning. Under no circumstances should your employer write a letter stating that he's offering you a permanent job. Temporary work permit holders can have only temporary jobs. So your offer letter or employment contract or whatever document you submit with your application to extend your TWP should refer to a temporary job or temporary contract or something along those lines.

Even the letter that you submit with your PR application should be worded carefully. The employer should state that he would offer you a fulltime, permanent position on an indeterminate basis if you were to be granted a permanent residence visa. The important word is if. If the employer qualifies his statement with an if, it enables him to avoid offering a permanent job to someone who is not yet legally entitled to it.
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DragonBritt

Thank you for the detailed info Judy very helpful.

Well it is a 1 year work permit as i came here on the BUNAC. I entered canada 26 october 2007, but it took me 3 weeks to secure the job. Im not sure if my employer took a LMO or not. But what ill do first is get the TWP sorted first with a 1 year contract. How long after a TWP is issued could i apply for a PR?

regards

Judy in Calgary

If you have a working holiday visa, I think it's unlikely that your employer applied for an LMO.

Assuming the employer who writes the supporting letter is the same employer with whom you've been all along, you could apply for PR immediately you'd received your TWP. The thing is that you have to include with your application proof that you are employed and that you are being paid by the employer who has written the supporting letter. The most feasible form of proof is a few pay stubs.
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