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Temporary residents applying for PR in Canada

Temporary residents applying for PR in Canada

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Old Feb 20th 2007, 11:19 pm
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Default Temporary residents applying for PR in Canada

Hi,

This is probably going to be a long post, so apologies in advance. My girlfriend (sorry, common-law spouse) and I have recently arrived in Vancouver. I was offered a two-year contract at UBC as a research associate (post-doc), which we got HRSDC approval for. I was issued a work permit specific to the job and my girlfriend was issued an open work permit. The permits are only valid for one year, so will need renewing later in the year. Shouldn't be a problem as my offer letter is for a two-year contract.

We're now thinking about applying for permanent residence. Presumably we should do this as a joint application. If so, we've got a bit of a choice here as to who is the primary applicant, as my girlfriend was offered a permanent position in the finance sector which she has since taken up.

In terms of the criteria for points, we both hold two degrees each, are native English speakers, have worked for more than four years, and are between the ages of 21 and 49. Neither of us have a criminal record and we've got plenty of savings to establish ourselves.

So in terms of points, I think she is in a better position than me - she would score 92, while I would have 82. But as these are both above 67, would it make any difference who was the main applicant?

In terms of speed and convenience, I guess we're best off applying through the Buffalo office, right? Also, I don't think we'll need a representative as our case seems pretty clear cut - how do these guys usually charge anyway?

That's about it. Your comments appreciated!
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Old Feb 20th 2007, 11:32 pm
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Default Re: Temporary residents applying for PR in Canada

It is irrelevant who has more points - what counts is the quality and conclusiveness of supporting evidence as well as who as principal applicant has better chance in fending off R76(3)

http://www.canlii.org/ca/regu/sor2002-227/sec76.html
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Old Feb 20th 2007, 11:59 pm
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Default Re: Temporary residents applying for PR in Canada

One more thing - my girlfriend spent approximately 5 years not living in the UK (she was in Ecuador and Japan) from which she returned about 10 years ago. Presumably they'll want to do background checks on this time?

Prior to this move I'd not spent more than a couple of weeks outside the UK apart from a three-month stint in Germany as part of my degree.

Last edited by bazzz; Feb 20th 2007 at 11:59 pm. Reason: Unnecessary quoting.
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Old Feb 21st 2007, 12:45 am
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Default Re: Temporary residents applying for PR in Canada

It is also irrelevant in deciding who should be the principal applicant, as you both must pass background/security check anyway.
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Old Feb 21st 2007, 2:27 am
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by bazzz
Hi,

This is probably going to be a long post, so apologies in advance. My girlfriend (sorry, common-law spouse) and I have recently arrived in Vancouver. I was offered a two-year contract at UBC as a research associate (post-doc), which we got HRSDC approval for. I was issued a work permit specific to the job and my girlfriend was issued an open work permit. The permits are only valid for one year, so will need renewing later in the year. Shouldn't be a problem as my offer letter is for a two-year contract.

We're now thinking about applying for permanent residence. Presumably we should do this as a joint application. If so, we've got a bit of a choice here as to who is the primary applicant, as my girlfriend was offered a permanent position in the finance sector which she has since taken up.

In terms of the criteria for points, we both hold two degrees each, are native English speakers, have worked for more than four years, and are between the ages of 21 and 49. Neither of us have a criminal record and we've got plenty of savings to establish ourselves.

So in terms of points, I think she is in a better position than me - she would score 92, while I would have 82. But as these are both above 67, would it make any difference who was the main applicant?

In terms of speed and convenience, I guess we're best off applying through the Buffalo office, right? Also, I don't think we'll need a representative as our case seems pretty clear cut - how do these guys usually charge anyway?

That's about it. Your comments appreciated!

Why did you get HRSDC approval for a post-doc position? Usually is not necessary.

Paulo

Last edited by nuin; Feb 21st 2007 at 2:30 am.
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Old Feb 27th 2007, 2:28 pm
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Default Re: Temporary residents applying for PR in Canada

The "research associate" position is actually a bit different to a regular post-doc and does require HRSDC approval.

Well we're starting to look into this in more detail and are getting together all the information. One potential point of confusion we've come across is regarding my girlfriend's time living in Ecuador (about 2 and a half years, nearly ten years ago). We're trying to figure out if we can get a police report. This:

http://www.cic.gc.ca/english/police-...r/ecuador.html

isn't too specific, while this (from the US dept of State, so presumably reasonably reliable):

http://travel.state.gov/visa/recipro.../E/Ecuador.htm

says

No police documents are available for foreigners who reside in or have resided in Ecuador.
Asking the Ecuadorian embassy in Toronto got us transferred to the Canadian Embassy in Quito; but they didn't know much. Our next port of call will be the CIC call centre and the Ecuadorian consulate in Richmond (at least they're local!)

Any thoughts?
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Old Feb 27th 2007, 10:30 pm
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Default Re: Temporary residents applying for PR in Canada

While I'm here, can someone confirm what are options are now that my girlfriend has a permanent job on an open work permit? I assume BC PNP might be an option - although I can't find any specific information on whether this is available to people already working here. Also, I imagine the process could be fast-tracked by London if her employer was to obtain an AEO as discussed here?

http://britishexpats.com/forum/showthread.php?t=424387
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Old Mar 5th 2007, 8:58 pm
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Default Re: Temporary residents applying for PR in Canada

Regarding the Ecuador situation - we spoke to someone at the CIC call centre, and they claimed that they're only interested in police records going back 10 years; so they might not need that from my girlfriend if we wait until December to apply. However, she also advised us to check through the office we'll be applying through (Buffalo most likely) - although they don't answer queries over the phone.

Has anyone else heard of this before?
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Old Mar 5th 2007, 9:08 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by bazzz
Hi,

This is probably going to be a long post, so apologies in advance. My girlfriend (sorry, common-law spouse) and I have recently arrived in Vancouver. I was offered a two-year contract at UBC as a research associate (post-doc), which we got HRSDC approval for. I was issued a work permit specific to the job and my girlfriend was issued an open work permit. The permits are only valid for one year, so will need renewing later in the year. Shouldn't be a problem as my offer letter is for a two-year contract.

We're now thinking about applying for permanent residence. Presumably we should do this as a joint application. If so, we've got a bit of a choice here as to who is the primary applicant, as my girlfriend was offered a permanent position in the finance sector which she has since taken up.

In terms of the criteria for points, we both hold two degrees each, are native English speakers, have worked for more than four years, and are between the ages of 21 and 49. Neither of us have a criminal record and we've got plenty of savings to establish ourselves.

So in terms of points, I think she is in a better position than me - she would score 92, while I would have 82. But as these are both above 67, would it make any difference who was the main applicant?

In terms of speed and convenience, I guess we're best off applying through the Buffalo office, right? Also, I don't think we'll need a representative as our case seems pretty clear cut - how do these guys usually charge anyway?

That's about it. Your comments appreciated!
If you have an HRSDC approved job - surely it would make more sense for you to be principal applicant. This way applying to London will probably be quicker - they fast-track applications with arranged employment.

Your g/f job is not HRSDC approved, so you'd have to go through that process to enable fast tracking.
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Old Mar 5th 2007, 9:17 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by Rob_999
If you have an HRSDC approved job - surely it would make more sense for you to be principal applicant. This way applying to London will probably be quicker - they fast-track applications with arranged employment.

Your g/f job is not HRSDC approved, so you'd have to go through that process to enable fast tracking.
Sadly my job is not a permanent one - it's a two-year contract which may or may not be extended depending on my boss's funding situation - which in turn depends on how productive my time here is. I assume this means that our application wouldn't be fast-tracked.
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Old Mar 5th 2007, 9:31 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by bazzz
Sadly my job is not a permanent one - it's a two-year contract which may or may not be extended depending on my boss's funding situation - which in turn depends on how productive my time here is. I assume this means that our application wouldn't be fast-tracked.
You need to have a letter of offer from your employer stating that they will convert your temp job to perm job once PR status reached. Will they not do that for you?

If not would it be possible for your g/f to get an LMO for her position?

Getting LMO & perm job offer will make a HUGE difference.

Last edited by Rob_999; Mar 5th 2007 at 9:35 pm.
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Old Mar 5th 2007, 9:36 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by Rob_999
You need to have a letter of offer from your employer stating that they will conver your temp job to perm job once PR status reached. Will they not do that for you?
Nope, not going to happen. It's the nature of academic funding that most research posts are fixed-term contracts; until you get yourself high enough up the ladder to be running your own research group. I'm not anywhere near that, and don't really have any desire to do so.

If not would it be possible for your g/f to get an LMO for her position?
I think so. This is probably the route we'll go down. How much effort is it for a company to get one of these? I don't think her firm (or at least the Vancouver branch) has done a lot of this sort of thing.
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Old Mar 5th 2007, 9:51 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by bazzz
Nope, not going to happen. It's the nature of academic funding that most research posts are fixed-term contracts; until you get yourself high enough up the ladder to be running your own research group. I'm not anywhere near that, and don't really have any desire to do so.



I think so. This is probably the route we'll go down. How much effort is it for a company to get one of these? I don't think her firm (or at least the Vancouver branch) has done a lot of this sort of thing.
What does she do? They'll only be able to get a LMO if there's a real shortage of people with her skills in the labour market.

They'll need to advertise the position, and potentially interview a few candidates. Then provide proof that candidates did not have necessary skills, and that your g/f is the only one able to do the job.

I work in finance, but my role is very specialised which is why I managed to get a LMO.
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Old Mar 5th 2007, 9:59 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by Rob_999
What does she do? They'll only be able to get a LMO if there's a real shortage of people with her skills in the labour market.

They'll need to advertise the position, and potentially interview a few candidates. Then provide proof that candidates did not have necessary skills, and that your g/f is the only one able to do the job.

I work in finance, but my role is very specialised which is why I managed to get a LMO.
She works in compliance - this was the only job going in the area after about 3 weeks of constant searching. Meanwhile the company had been looking for someone for over a month without any success. As far as we can tell the position is a permanent one - should they have offered this to someone on a work permit?
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Old Mar 5th 2007, 10:12 pm
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Default Re: Temporary residents applying for PR in Canada

Originally Posted by bazzz
She works in compliance - this was the only job going in the area after about 3 weeks of constant searching. Meanwhile the company had been looking for someone for over a month without any success. As far as we can tell the position is a permanent one - should they have offered this to someone on a work permit?
Techinically they can only offer a temp contract (up to date of her WP expiry). To get a LMO her employer needs to apply for a specific contract period (don't go over 2 yrs as it's much harder).

Check out the HRSDC websie http://www.hrsdc.gc.ca/en/gateways/n...ogram/fw.shtml
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