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PR application prior to starting work on a TWP

PR application prior to starting work on a TWP

Old Jan 20th 2009, 4:05 am
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Default PR application prior to starting work on a TWP

Just wondered if anyone had opinions on or first hand experience of trying this…………..

I received permanent job offer some time ago. Accepted it and applied for TWP (as the fastest way of getting permission to work) and received the approval letter recently. (This is to be shown to Canadian immigration on arrival who will then issue the actual TWP as I understand it.)

Obviously working on a TWP has an element of risk and PR would be better, allowing easier switching jobs in Canada if things didn’t work out for whatever reason. PR application could be done after starting work in Canada. However, that leaves the risk of something going wrong after handing notice in the UK and prior to submitting/getting PR in Canada.

In there any rule which prohibits or specifically provides for a PR application from the UK prior to leaving the UK to work on a TWP?

The job offer is permanent, so is the fact that it has been approved by HRSDC mean that it is acceptable arranged employment for PR application or does the HRSDC approval relate specifically to the TWP?

Replies much appreciated especially if you have links etc to CIC/CHC information which I could follow up.
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Old Jan 20th 2009, 5:14 am
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Default Re: PR application prior to starting work on a TWP

Hi

Originally Posted by jimf
Just wondered if anyone had opinions on or first hand experience of trying this…………..

I received permanent job offer some time ago. Accepted it and applied for TWP (as the fastest way of getting permission to work) and received the approval letter recently. (This is to be shown to Canadian immigration on arrival who will then issue the actual TWP as I understand it.)

Obviously working on a TWP has an element of risk and PR would be better, allowing easier switching jobs in Canada if things didn’t work out for whatever reason. PR application could be done after starting work in Canada. However, that leaves the risk of something going wrong after handing notice in the UK and prior to submitting/getting PR in Canada.

In there any rule which prohibits or specifically provides for a PR application from the UK prior to leaving the UK to work on a TWP?

The job offer is permanent, so is the fact that it has been approved by HRSDC mean that it is acceptable arranged employment for PR application or does the HRSDC approval relate specifically to the TWP?

Replies much appreciated especially if you have links etc to CIC/CHC information which I could follow up.
1. No, you can apply for PR, but is your job in the "List"? If not then unless you have worked in Canada for 1 year or your employer has either obtained an AEO as well as the LMO then you don't qualify for FSW 2/3.
2. So the only other route without an AEO (excepting PNP) is to start work for the employer and get a letter stating that the employer will employ you permanently once you receive your PR. Then you can apply under FSW 2
http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf but your WP must be valid at the time of application and for 12 months after the date that you apply. So if you only get a 1 year work permit on entry you won't be able to apply under that section.
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Old Jan 20th 2009, 5:20 am
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Default Re: PR application prior to starting work on a TWP

Originally Posted by PMM
Hi



1. No, you can apply for PR, but is your job in the "List"? If not then unless you have worked in Canada for 1 year or your employer has either obtained an AEO as well as the LMO then you don't qualify for FSW 2/3.
2. So the only other route without an AEO (excepting PNP) is to start work for the employer and get a letter stating that the employer will employ you permanently once you receive your PR. Then you can apply under FSW 2
http://www.cic.gc.ca/english/pdf/kits/guides/EG7.pdf but your WP must be valid at the time of application and for 12 months after the date that you apply. So if you only get a 1 year work permit on entry you won't be able to apply under that section.
I was under the impression and have been advised on here that the permit being valid for 12 months after the date you apply clause is no longer valid and that it still being included on the guides is an error.

If you check the operating manual for arranged employment with a HRSDC confirmed work permit it states that the permit must be valid at the time of application and when the visa is issued. It doesn't state 12 months on there...granted a work permit for only 1 year doesn't give you much leeway time to get PR but they are quoting 6-12 months for apps with arranged employement. So it should be possible no?
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Old Jan 20th 2009, 5:29 am
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Default Re: PR application prior to starting work on a TWP

Hi

Originally Posted by lucieg
I was under the impression and have been advised on here that the permit being valid for 12 months after the date you apply clause is no longer valid and that it still being included on the guides is an error.

If you check the operating manual for arranged employment with a HRSDC confirmed work permit it states that the permit must be valid at the time of application and when the visa is issued. It doesn't state 12 months on there...granted a work permit for only 1 year doesn't give you much leeway time to get PR but they are quoting 6-12 months for apps with arranged employement. So it should be possible no?
Mea Culpa, I went to the Regulations and the Guide is incorrect.

So the TWP has to be valid at the time of application and at the time the PR visa is issued.

points, for less than 17 years of age or 54 years of age or older.

Definition — arranged employment
82. (1) In this section, "arranged employment" means an offer of indeterminate employment in Canada.



Arranged employment (10 points)
(2) Ten points shall be awarded to a skilled worker for arranged employment in Canada in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix if they are able to perform and are likely to accept and carry out the employment and

(a) the skilled worker is in Canada and holds a work permit and

(i) there has been a determination by an officer under section 203 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive effect on the labour market in Canada,

(ii) the skilled worker is currently working in that employment,

(iii) the work permit is valid at the time an application is made by the skilled worker for a permanent resident visa as well as at the time the permanent resident visa, if any, is issued to the skilled worker, and

(iv) the employer has made an offer to employ the skilled worker on an indeterminate basis once the permanent resident visa is issued to the skilled worker;
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Old Jan 20th 2009, 10:10 pm
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Default Re: PR application prior to starting work on a TWP

Thanks for the replies.

Job isn't on the "list". It is a 3 year TWP. Seems I would have to get the letter from the employer after starting work then apply for PR in Canada and run the risk of loosing the job and not being able to get another easily for 6 months or so.
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Old Jan 21st 2009, 1:36 am
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Default Re: PR application prior to starting work on a TWP

Originally Posted by jimf
Thanks for the replies.

Job isn't on the "list". It is a 3 year TWP. Seems I would have to get the letter from the employer after starting work then apply for PR in Canada and run the risk of loosing the job and not being able to get another easily for 6 months or so.
Hey Jimf if you have a 3 year TWP and you haven't even started your job yet you have plenty of time to apply for PR. If you really want to be secure just get your application in as soon as you there... 6-12 months is meant to be the processing time so you'd have 2 years clear!
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Old Jan 21st 2009, 4:18 am
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Default Re: PR application prior to starting work on a TWP

Originally Posted by lucieg
Hey Jimf if you have a 3 year TWP and you haven't even started your job yet you have plenty of time to apply for PR. If you really want to be secure just get your application in as soon as you there... 6-12 months is meant to be the processing time so you'd have 2 years clear!
I agree there should be plenty of time to apply for PR with a 3 year TWP. However there are 2 distinct periods of uncertainty:

(i)After handing in notice in the UK and before starting work in Canada - if Canadian company changes their mind about job prior to starting the job then I would be left with no job in the UK and no basis to apply for PR in Canada

(ii)After starting work in Canada on TWP and after getting the letter confirming permanent job subject to PR and applying for PR - the Canadian company teminates my employment. Then I should still get the PR in 6 months or so but would have no entitlement to work in Canada until PR arrives.

12 months ago these issues wouldn't have been a great concern but in todays climate it has to be considered a possibility even if theres no particular reason to think the job would be at risk.
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Old Jan 21st 2009, 4:28 am
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Default Re: PR application prior to starting work on a TWP

The TWP has been a pain with me, for some reason I have had two 1 year TWP's, I have no idea why they did not issue a 2 or 3 year TWP.

Which means I applied 1 month in and am now biting my nails hoping the PR arrives sooner rather than later.
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