PNP LMO TWP WTF!!!
#17
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As far as I understand it, the work options are as follows:
Straightforward temporary work permit - In most cases you need a Labour Market Opinion (LMO) for this. The employer recruits across Canada for the position for X number of weeks and is unsuccessful in attracting a suitable Canadian resident to the position. The employer applies to HRSDC for an LMO. The LMO enables the prospective employee to apply for a temporary work permit (TWP). Let's say the employee comes to Canada and starts working here according to the terms of the TWP. Let's say the employer wants to offer the employee a permanent job, subject to the employee's getting permanent residence (PR) status. The employee submits a PR application, along with a letter from the employer and some other evidence to demonstrate that the job is real. The offer of employment adds 10 points to the applicant's PR application. In all likelihood, the applicant's PR application will be fast-tracked. This, in essence, was your Option 1. However, where you went wrong was in thinking that LMO / TWP would lead to PNP. If a permanent job offer is added to LMO / TWP, it just leads to straightforward PR.
Provincial Nominee Program (PNP) - An employer sponsors a prospective employee for PNP. The application package is sent to the provincial government for rubber stamping. This process is different from the skilled worker route to permanent residence, because the provinces don't use a points-based system. Each province uses its own criteria, depending on what the needs of that province are. If the provincial government approves the application, the provincial government forwards it to Citizenship and Immigration Canada, which is a department of the federal government. In most cases, the provincial government also will forward to CIC a letter requesting a temporary work permit for the applicant. This letter is in lieu of an LMO application. Usually CIC issues a temporary work permit at this point. This means that the applicant can enter Canada and start working in the country while he/she waits for CIC to process his/her PR application. There are a few instances in which applicants are not allowed to start working until they have PR. For example, the British police officers who are coming to Alberta via this province's PNP are not allowed to be sworn into the Calgary Police Service or the Edmonton Police Service until they have PR. But most PNP applicants who have cleared the provincial phase of the process are allowed to start working in Canada. In summary, PNP is a two-step process. First there is the provincial element, and then there is the federal element.
Arranged Employment Opinion (AEO) - This is a situation in which someone has applied to CIC for PR, but has backed up his/her application with an AEO from HRSDC. I gather from Andrew Miller's posts that CIC does not take an AEO as seriously as it takes an employment offer that's been made to someone who already is working in the country on a TWP.
Just before I clicked on the Submit Reply button, I clicked on the Preview Post button, and saw that you'd posted another message while I'd been typing this one. Sorry, I still don't know what you're saying. I don't know what the prospective employer has or has not done. I gather he/she has given you an informal job offer. I don't know whether or not he/she has obtained an LMO from HRSDC. Anyway, regardless of that, I hope my descriptions of the different ways into the country have clarified things for you.
Straightforward temporary work permit - In most cases you need a Labour Market Opinion (LMO) for this. The employer recruits across Canada for the position for X number of weeks and is unsuccessful in attracting a suitable Canadian resident to the position. The employer applies to HRSDC for an LMO. The LMO enables the prospective employee to apply for a temporary work permit (TWP). Let's say the employee comes to Canada and starts working here according to the terms of the TWP. Let's say the employer wants to offer the employee a permanent job, subject to the employee's getting permanent residence (PR) status. The employee submits a PR application, along with a letter from the employer and some other evidence to demonstrate that the job is real. The offer of employment adds 10 points to the applicant's PR application. In all likelihood, the applicant's PR application will be fast-tracked. This, in essence, was your Option 1. However, where you went wrong was in thinking that LMO / TWP would lead to PNP. If a permanent job offer is added to LMO / TWP, it just leads to straightforward PR.
Provincial Nominee Program (PNP) - An employer sponsors a prospective employee for PNP. The application package is sent to the provincial government for rubber stamping. This process is different from the skilled worker route to permanent residence, because the provinces don't use a points-based system. Each province uses its own criteria, depending on what the needs of that province are. If the provincial government approves the application, the provincial government forwards it to Citizenship and Immigration Canada, which is a department of the federal government. In most cases, the provincial government also will forward to CIC a letter requesting a temporary work permit for the applicant. This letter is in lieu of an LMO application. Usually CIC issues a temporary work permit at this point. This means that the applicant can enter Canada and start working in the country while he/she waits for CIC to process his/her PR application. There are a few instances in which applicants are not allowed to start working until they have PR. For example, the British police officers who are coming to Alberta via this province's PNP are not allowed to be sworn into the Calgary Police Service or the Edmonton Police Service until they have PR. But most PNP applicants who have cleared the provincial phase of the process are allowed to start working in Canada. In summary, PNP is a two-step process. First there is the provincial element, and then there is the federal element.
Arranged Employment Opinion (AEO) - This is a situation in which someone has applied to CIC for PR, but has backed up his/her application with an AEO from HRSDC. I gather from Andrew Miller's posts that CIC does not take an AEO as seriously as it takes an employment offer that's been made to someone who already is working in the country on a TWP.
Just before I clicked on the Submit Reply button, I clicked on the Preview Post button, and saw that you'd posted another message while I'd been typing this one. Sorry, I still don't know what you're saying. I don't know what the prospective employer has or has not done. I gather he/she has given you an informal job offer. I don't know whether or not he/she has obtained an LMO from HRSDC. Anyway, regardless of that, I hope my descriptions of the different ways into the country have clarified things for you.
Under PNP stream: if someone (lets say a principle applicant --a citizen of India, applying from USA, while having a legal status in USA) is approved by a province. He gets approval letter under PNP. He applies for PR at Buffalo for him and his wife & children who are in India. But in the meantime, if he applies for the TWP, do his wife and children from India need to get a separate visitor visa or the work permit that the principal applicant is provided is considered in liu of visa?
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#18
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Under PNP stream: if someone (lets say a principle applicant --a citizen of India, applying from USA, while having a legal status in USA) is approved by a province. He gets approval letter under PNP. He applies for PR at Buffalo for him and his wife & children who are in India. But in the meantime, if he applies for the TWP, do his wife and children from India need to get a separate visitor visa or the work permit that the principal applicant is provided is considered in liu of visa?
x
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#19
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Great Info Judy! One of my concerns--
Under PNP stream: if someone (lets say a principle applicant --a citizen of India, applying from USA, while having a legal status in USA) is approved by a province. He gets approval letter under PNP. He applies for PR at Buffalo for him and his wife & children who are in India. But in the meantime, if he applies for the TWP, do his wife and children from India need to get a separate visitor visa or the work permit that the principal applicant is provided is considered in liu of visa?
Under PNP stream: if someone (lets say a principle applicant --a citizen of India, applying from USA, while having a legal status in USA) is approved by a province. He gets approval letter under PNP. He applies for PR at Buffalo for him and his wife & children who are in India. But in the meantime, if he applies for the TWP, do his wife and children from India need to get a separate visitor visa or the work permit that the principal applicant is provided is considered in liu of visa?
from the cic site:
If you want to work in Canada, you must meet the requirements for a work permit.
You must also meet the general requirements for entering Canada. This means that you might also need a passport and a temporary resident visa.
http://www.cic.gc.ca/english/work/apply-how.asp#step4
You must also meet the general requirements for entering Canada. This means that you might also need a passport and a temporary resident visa.
http://www.cic.gc.ca/english/work/apply-how.asp#step4
the way i understand it (i'm no expert though) the confirmation lettre from the pnp office replaces only the lmo but not other cic requirements for a wp or the general entry requirements which depend on your nationality.
Last edited by lof; Aug 4th 2008 at 3:00 pm.
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#20
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Hi Chris
This is the way I understand it.
FYI I am currently in NS-PNP (Community Identified) and I also have a NS employer working with me towards a work permit.
Here is the sequence as I understand it.
1. Employer advertises
2. You (and presumably others) apply
3. Usual selection procedures, interviews etc.
4. You come out on top
5. You get _provisional_ job offer - provisional on HRSDC approval
6. You accept
7. Employer writes to HRSDC and has to demonstrate you won the gig fair and square given:
(a). A certain level of pubilicity for the job ad
(b). A certain number of weeks advertising
(c). A certain minimum standard for the selection process
(d). A certain minimum standard for the interviews
(e). Demonstrable proof that no Canadian was better qualified/experienced
(f). The remuneration is more or less the going rate for such a post
8. HRSDC Hums and Hars - issues LMO
9. Now you're in business*
10. Get WP at port of entry by flashing the job offer, acceptance and LMO
11. Start work
MEANWHILE
12. Copy of LMO goes to Province who sponsor you via PNP-Skilled Worker
13. You send PNP-Skilled Worker sponsorship pack to CIC
14. CIC start PR procedure
15. You get PR
*Not 100% sure here but I think you can ask for a TWP if the job urgently needs to begin. Then it becomes a full-on WP later. This gets round the delay in issuing a PNP-SW which can be a couple of months.
FWIW, the immigration consultant is a great development. I've been assigned one and he works for the NS government - he's right there in the middle of the system and knows the process inside out. Lean on yours if you are having a tough time getting your head around the process!
This is the way I understand it.
FYI I am currently in NS-PNP (Community Identified) and I also have a NS employer working with me towards a work permit.
Here is the sequence as I understand it.
1. Employer advertises
2. You (and presumably others) apply
3. Usual selection procedures, interviews etc.
4. You come out on top
5. You get _provisional_ job offer - provisional on HRSDC approval
6. You accept
7. Employer writes to HRSDC and has to demonstrate you won the gig fair and square given:
(a). A certain level of pubilicity for the job ad
(b). A certain number of weeks advertising
(c). A certain minimum standard for the selection process
(d). A certain minimum standard for the interviews
(e). Demonstrable proof that no Canadian was better qualified/experienced
(f). The remuneration is more or less the going rate for such a post
8. HRSDC Hums and Hars - issues LMO
9. Now you're in business*
10. Get WP at port of entry by flashing the job offer, acceptance and LMO
11. Start work
MEANWHILE
12. Copy of LMO goes to Province who sponsor you via PNP-Skilled Worker
13. You send PNP-Skilled Worker sponsorship pack to CIC
14. CIC start PR procedure
15. You get PR
*Not 100% sure here but I think you can ask for a TWP if the job urgently needs to begin. Then it becomes a full-on WP later. This gets round the delay in issuing a PNP-SW which can be a couple of months.
FWIW, the immigration consultant is a great development. I've been assigned one and he works for the NS government - he's right there in the middle of the system and knows the process inside out. Lean on yours if you are having a tough time getting your head around the process!
After being nominated by the province under Community Identified stream, does the applicant have to apply for the TWP in a concerned visa point or the CIC will automatically issue a work permit? (I know that nomination letter is in lieu of LMO) but what about JOB OFFER? (since there is no job offer in this stream!) . To make is straightforward: How can a provincial nominee under CI get the TWP? (I would appreciate if I get the answer in points...)Thanks,
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#21
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As Webexpat's case was in community identified stream, I have a question relating to CI as well. responders will be appreciated.
After being nominated by the province under Community Identified stream, does the applicant have to apply for the TWP in a concerned visa point or the CIC will automatically issue a work permit? (I know that nomination letter is in lieu of LMO) but what about JOB OFFER? (since there is no job offer in this stream!) . To make is straightforward: How can a provincial nominee under CI get the TWP? (I would appreciate if I get the answer in points...)Thanks,
After being nominated by the province under Community Identified stream, does the applicant have to apply for the TWP in a concerned visa point or the CIC will automatically issue a work permit? (I know that nomination letter is in lieu of LMO) but what about JOB OFFER? (since there is no job offer in this stream!) . To make is straightforward: How can a provincial nominee under CI get the TWP? (I would appreciate if I get the answer in points...)Thanks,
If the job offer has been obtained since the CI stream application has gone in then NS immigration should be informed and depending on where your case is in the system they may transfer the file over to the other stream(SW). If it is nearing the end ie they are about to nominate you then they may well leave it where it is.
I don't believe they will just issue a WP
You would have to apply in the normal way, however you could approach NS immigration to request a letter supporting your application for a TWP and this should be fairly quick and easy on the basis that they have already nominated you. This is where you lose the LMO requirement for obtaining a TWP.
You can then attach this letter of support with your request for the TWP.
Hope this helps
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#22
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My understanding is, that if you have a formal job offer that the SW PNP should be used.
If the job offer has been obtained since the CI stream application has gone in then NS immigration should be informed and depending on where your case is in the system they may transfer the file over to the other stream(SW). If it is nearing the end ie they are about to nominate you then they may well leave it where it is.
I don't believe they will just issue a WP
You would have to apply in the normal way, however you could approach NS immigration to request a letter supporting your application for a TWP and this should be fairly quick and easy on the basis that they have already nominated you. This is where you lose the LMO requirement for obtaining a TWP.
You can then attach this letter of support with your request for the TWP.
Hope this helps![Sunglasses](https://britishexpats.com/forum/images/smilies/sunglasses.gif)
If the job offer has been obtained since the CI stream application has gone in then NS immigration should be informed and depending on where your case is in the system they may transfer the file over to the other stream(SW). If it is nearing the end ie they are about to nominate you then they may well leave it where it is.
I don't believe they will just issue a WP
You would have to apply in the normal way, however you could approach NS immigration to request a letter supporting your application for a TWP and this should be fairly quick and easy on the basis that they have already nominated you. This is where you lose the LMO requirement for obtaining a TWP.
You can then attach this letter of support with your request for the TWP.
Hope this helps
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