coachd

Whats up all,

Was hoping someone to clarify something that has me a little confused.

If you are in Canada on a TWP (for example the IEC program) and you wanted to apply for PR Status. You have a permanent job offer from your employer, do you still need to have the LMO done?

Reading this thread: http://britishexpats.com/forum/showthread.php?t=710454

and looking at point 10 of this link: http://www.cic.gc.ca/english/pdf/kit...s/IMM5612E.PDF

It makes me think that you do not need the LMO and just need to provide a copy of your TWP, just basically wanting to confirm if that is the case?

Thank you for taking the time to read

CanadaJimmy

I too have yet to find a firm answer for this question. I'm currently applying for PR via FSW2 and am on an LMO approved work permit which expires soon. I'm still trying to find out if I can get an IEC permit when my other permit expires and continue with that plus the Job Offer letter I already submitted.

wolstie

To apply for PR as FSW whilst on a Temporary Work Permit, don't you need to have an occupation that is NOC 0, A or B?

As long as your job offer that is supporting your PR app is in one of these categories, I wouldn't imagine you would have a problem.

However, that's just me making an assumption, sorry I can't give you a more concrete answer.

christmasoompa

Not sure you could do it from an IEC, as the work permit must be valid both when you apply and also when PR is issued - and it's likely to have expired by that point.

But no, an LMO is not always required. There are many TWP categories that don't require a LMO - for instance an intra-company transferee, who could apply for PR under arranged employment without having to get a LMO first, as it's not required for that visa category.

BTJ

In order to apply under FSW2 you must qualify under Regulation 82(2). There are 4 subcategories of entitlement;
1. Have an LMO approved TWP and a permanent job offer.
2. Have a specific open work permit issued under 204(a), 205(a) or 205(c)(ii) and a permanent job offer.
3. Not be working in Canada and get an AEO.
4. Be working in Canada on another type work permit, but get an AEO.

The work permit categories mentioned in 2. are;
204(a) -- International treaty work permit (eg. NAFTA)
205(a) -- Mainly intra-company transferees
205(c)(ii) -- Spouses of NOC 0, A, B TWP holders or Spouses of Study Permit holders

Therefore you either need an LMO based TWP then PR, or an AEO.

christmasoompa

Or to be in an LMO exempt category, as per no. 2 of your list above.

Interesting though, because in the Operational Manual it says:

Note: Arranged Employment Offer - It may or may not be evident that an applicant has an arranged employment offer. Pursuant to R82(2)(a) an arranged employment offer, along with the work permit, will be accompanied by a Labour Market Opinion (LMO) provided by Human Resources and Skills
Development Canada (HRSDC)/Service Canada. In this case, it will be evident that there is an arranged employment offer.

Pursuant to R82(2)(b) an arranged employment offer, along with the work permit, will be LMO-exempt.

Please refer to policy manual FW 1 for exemption codes. In this case an applicant will not be able to provide documentary evidence that the work permit was issued per R204(a), R205(a) or R205(2)(c)(ii). This can only be verified by checking the exemption codes in FOSS in the document details.

And there is a specific exemption code for IEC work permits! Very confused now. Need a forum expert to confirm if a WHV can be used for FSW cat 2 applications. *paging PMM/Jim Humphries, could one of them come to the forum please*.

PMM

Hi

Throw a fly into the ointment the IEC work permit is issued under 205(b) of the Regulations so to my reading, you require an AEO from the employer.

205. A work permit may be issued under section 200 to a foreign national who intends to perform work that

(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents;

(b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;

christmasoompa

Brilliant, thanks PMM - knew you'd know! I'm going to bookmark this page as no doubt it'll be useful to give people a definitive answer in the future.