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Simplified application or regular application process??

Simplified application or regular application process??

Old Aug 22nd 2007, 7:08 am
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Default Simplified application or regular application process??

Hi Peeps,

I have a question about applying for my PR while i'm working in Canada.

I work for Xerox as a service tech specialist and i am in victoria BC on a WP and here with my family. xerox didn't go for an LMO so even though i have a permenant full time position with them am i right in thinking that CIC won't see this as "arranged employment" because there isn't an LMO in place?

If this is the case,should i apply for my PR using the simplified process? what are the advantages/disadvantages of applying this way as apposed to the "regular process"

Thanks for the help,

Mike.
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Old Aug 22nd 2007, 7:24 am
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Default Re: Simplified application or regular application process??

I don't think you can use the simplified application process. According to CIC's web page on the topic, you cannot use if the simplied application process if:

  • You are a provincial nominee;
  • You have been selected by Quebec and intend to settle there;
  • You have arranged employment in Canada;
  • You have been lawfully admitted to Canada for a period of at least one year and you are submitting your application at the Canadian visa office in Buffalo; or
  • You have been lawfully admitted into the United States for a period of at least one year and you are submitting your application at the Canadian visa office in Buffalo.

I believe what you need to do is apply for PR via the regular process, with an arranged employment opinion (AEO) from HRSDC.

Note, an AEO is not the same thing as an LMO.

Other work permit holders on this forum have reported that, when they applied for PR, backed up by AEOs, they received their PR visas within a year or so of submitting their PR applications. Keep in mind, those reports were referring to regular PR applications, not simplified ones (indeed, one cannot submit a simplified PR application with AEO).

I was surprised that you were here on a WP, but didn't have LMO. That is rare. I followed your user name and read a couple of your old posts. That explained to me that you came here on an intra-company transfer. I'm clarifying that for the benefit of other posters who many want to respond to you and who are equally mystified about your unusual situation.
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Old Aug 22nd 2007, 7:40 am
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Default Re: Simplified application or regular application process??

yes,

My situation is very strange because it isn't even classified as a intra'company transfer as i had to quit in the UK and start from scratch here in Victoria. There wasn't anything resembling a transfer at all.

All comments are welcome as i need as much info as possible.

Regards,

Mike
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Old Aug 22nd 2007, 8:15 am
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Default Re: Simplified application or regular application process??

Sorry, I misunderstood about the intra-company transfer thing.

In any event, if you came to Canada on a work permit without your employer first having to obtain a positive LMO and if you did not come on an intra-company transfer, I'm all the more curious to know which category you fit into.

There are some technology workers who are in such demand in Canada that their prospective employers don't have to obtain positive LMOs before offering them jobs that lead to work permits. Perhaps you are one of them?

But, regardless, my guess would be that your best bet is to submit a long PR application form, backed up by AEO.
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Old Aug 22nd 2007, 9:55 am
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Default Re: Simplified application or regular application process??

Originally Posted by Judy in Calgary
Sorry, I misunderstood about the intra-company transfer thing.

In any event, if you came to Canada on a work permit without your employer first having to obtain a positive LMO and if you did not come on an intra-company transfer, I'm all the more curious to know which category you fit into.

There are some technology workers who are in such demand in Canada that their prospective employers don't have to obtain positive LMOs before offering them jobs that lead to work permits. Perhaps you are one of them?

But, regardless, my guess would be that your best bet is to submit a long PR application form, backed up by AEO.
Ok Judy I think that i just may be one of the workers that you are talking about as my position is a very rare one and i was one of three people who applied for the position world wide. I didn't even know it was being advertised,I was just talking to a manager and happened to mention that i have family in Canada and the rest is history.

Thanks for your help again

Mike
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Old Aug 22nd 2007, 10:12 am
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Default Re: Simplified application or regular application process??

Originally Posted by desire68
Ok Judy I think that i just may be one of the workers that you are talking about as my position is a very rare one and i was one of three people who applied for the position world wide. I didn't even know it was being advertised,I was just talking to a manager and happened to mention that i have family in Canada and the rest is history.
If that is the case, I would think that getting an AEO from HRSDC would be like getting a rubber stamp.
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Old Aug 22nd 2007, 10:29 am
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Default Re: Simplified application or regular application process??

Originally Posted by Judy in Calgary
If that is the case, I would think that getting an AEO from HRSDC would be like getting a rubber stamp.
Sorry Judy that one went right over my head. Is this a good thing or a bad thing?

Mike
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Old Aug 22nd 2007, 10:41 am
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Default Re: Simplified application or regular application process??

Originally Posted by desire68
Sorry Judy that one went right over my head. Is this a good thing or a bad thing?

Mike
Sorry for the lack of clarity. What I meant was that, because you were in an occupation that was in such accute demand, I imagined that HRSDC would provide an AEO virtually automatically.

I interpret that to be a good thing.
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Old Aug 22nd 2007, 10:45 am
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Default Re: Simplified application or regular application process??

Originally Posted by Judy in Calgary
Sorry for the lack of clarity. What I meant was that, because you were in an occupation that was in such accute demand, I imagined that HRSDC would provide an AEO virtually automatically.

I interpret that to be a good thing.

Oh, i get it now.Sorry,having a mad one today and i want to go now as the sun is still shining!!

Mike
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Old Aug 22nd 2007, 12:43 pm
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Default Re: Simplified application or regular application process??

Now correct me if I am wrong - please please please correct me!

My understanding from Andrew Miller (he the man!) on this thread is that I don't need to go near the HRSDC...... have a look see.


http://britishexpats.com/forum/showthread.php?t=474728

According to him I just need to be able to provide the list of stuff that he has there, so what that not be the case for you too when trying to pull together an AEO?

Look forward to your response and nice one on getting such a rare job!

Mrs Miggins x
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Old Aug 22nd 2007, 12:46 pm
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Default Re: Simplified application or regular application process??

I'm sorry Judy, but you are confusing a lot here. Not so long ago I have posted reply about Arranged Employment and attached PDF file with 2 pages from Immigration Manual showing what can be claimed as Arranged Employment - same highlighted sections of posted again here file apply to the OP's circumstances.

As long as OP is currently working in Canada on valid work permit (LMO'ed or not) in skilled occupation and employer expressed in writing intention to convert current temporary employment to a full time, permanent position on indeterminate basis after OP becomes a PR then it is an Arranged Employment.

AEO applies only to cases when applicant either (1) is not in Canada and have no intention to start working here before landing as PR or (2) applicant is working in Canada but got offer to be hired on indeterminate basis after becoming a PR by other than current employer.

So, it is the case for full application package and OP is lucky to be able to stay away from simplified process.
Attached Files
File Type: pdf
AE pages from manual.pdf (37.2 KB, 102 views)

Last edited by Andrew Miller; Aug 22nd 2007 at 12:49 pm.
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Old Aug 22nd 2007, 1:01 pm
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Default Re: Simplified application or regular application process??

Thought so!



Mrs M x
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Old Aug 22nd 2007, 3:49 pm
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Default Re: Simplified application or regular application process??

So i don't need an AEO. My HR dept are more than willing to provide me with another letter to prove that they have hired me as a permenant full time employee!
And yes i will have a couple of paycheck stubs to submit with my aplication for PR.

Rergards,Mike
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Old Aug 22nd 2007, 4:13 pm
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Default Re: Simplified application or regular application process??

Originally Posted by Mrs Miggins
Now correct me if I am wrong - please please please correct me!

My understanding from Andrew Miller (he the man!) on this thread is that I don't need to go near the HRSDC...... have a look see.


http://britishexpats.com/forum/showthread.php?t=474728

According to him I just need to be able to provide the list of stuff that he has there, so what that not be the case for you too when trying to pull together an AEO?

Look forward to your response and nice one on getting such a rare job!

Mrs Miggins x
Thanks for the correction, Mrs Miggins.
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Old Aug 22nd 2007, 4:16 pm
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Default Re: Simplified application or regular application process??

Originally Posted by Andrew Miller
I'm sorry Judy, but you are confusing a lot here. Not so long ago I have posted reply about Arranged Employment and attached PDF file with 2 pages from Immigration Manual showing what can be claimed as Arranged Employment - same highlighted sections of posted again here file apply to the OP's circumstances.

As long as OP is currently working in Canada on valid work permit (LMO'ed or not) in skilled occupation and employer expressed in writing intention to convert current temporary employment to a full time, permanent position on indeterminate basis after OP becomes a PR then it is an Arranged Employment.

AEO applies only to cases when applicant either (1) is not in Canada and have no intention to start working here before landing as PR or (2) applicant is working in Canada but got offer to be hired on indeterminate basis after becoming a PR by other than current employer.

So, it is the case for full application package and OP is lucky to be able to stay away from simplified process.
Thank you for the clarification, Andrew. I'm sorry, I missed the previous thread in which you provided clarification on this point (I'm guessing it is the one to which Mrs Miggins gave me a link). In any event, I appreciate the clarification now. It's good to know the different circumstances in which AEO is issued and the different kinds of documentation that are required.
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