Applying for work permit and PR parallely (Software Pro)

[caspirant]

Hi all,
I am a Indian software professional currently working in US for last 3.5 years. I have a total 9 years for experience. Currently I am evaluating the possibility for moving to Canada and work there. But to get a PR I need to have a permanent job offer (AEO). So I have started looking for canadian jobs. But the companies who will be interested to give me a job offer, will also want to take me on board ASAP. So even if I get a job offer, the employer may want to file WORK PERMIT for me so that I can join them with in 2 months.

IF they file work permit, can I also file PR with their job offer at the same time? Or I have to wait and how long - 2 years (experienced class)?

Please let me know your views. Also write whoever already have gone through similar situation.

Thanks.

[caspirant]

Experienced, please share your thoughts on this.

Thanks.

[jes_ON]

http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

If someone wants to hire you on a temporary work permit, you can come "immediately" and apply for PR later.  (I say "immediately" in quotes because that process still takes a couple of months).  You can apply for FSW Category 3 after 1 year of work experience, or you can apply for CEC class after 2 years (note that rules are subject to change at any time). 

But - You CAN also apply for FSW Category 2 - arranged employment - without waiting a year - if you are working in Canada and meet the following requirements: 

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp
1) If you are currently working in Canada:

    * your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and
    * your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued.

In addition:
    * your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or
    * you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid.

There's a catch - and I got screwed by this - in order for your job to be considered "permanent" employment it has to be:
1)   37.5 hours per week (or more) for full time
2)   "indeterminate"  - not a term contract.  (It can be a term contract for the temporary work permit, but for the FSW Cat 2, your employer has to offer you "permanent" employment - no end date).  So a 2-year renewable contract does not qualify as "permanent" employment, apparently.

A lot of contract workers have contracts that do not meet these new requirements - BEWARE!  Make sure your contract does, or that your employer agrees to offer permanent employment if you get PR.

Also beware that if you go for the CEC class, the 37.5 hours per week still applies - if your contract is less than that, you will have to work longer than 2 years to qualify...

[caspirant]

Thanks a lot jes_ON. This is way too good and informative. I was also thinking that there must be some loop holes. Can you just confirm that I got from your message is correct or not!

An employer is empowered to offer a job to a candiadte..if the candidate is not a Canadian citizen or PR, employer also need to get work permit if they want to join the guy quickly.

Now what I want to know if a Canadian employer can offer a full time (> 37.5 work hours / wk) indeterminate job to a candidate who does not have a citizenship, PR and Work permit (WP).

If not can the employer offer a contract position and process WP and once the guy on board on wp, then revise their job offer to a full time indeterminate one. And the candidate (in WP) once gets the FT indeterminate offer can start filing PR.

Please let me know your thoughts. I welcome others also specially SW pros to share their opinion on this.

Thanks.

[jes_ON]

Hi caspirant - I don't know about loopholes, but there are definitely sinkholes :0

To employ a temporary foreign worker, most employers still have to get a "positive Labor Market Opinion" (LMO) to hire a foreign worker.  Some occupations are exempt, don't think software "professionals" are - find your occupation code, then maybe others can help.   Obtaining the positive LMO takes time, and has gotten difficult in this past year because of the economic situation - don't want to discourage you from trying, but understand it may not be that easy.

The employer gets the LMO, the TFW gets the work permit (employer may or may not help you with that).

When they apply for the LMO, they specify a term of employment, and then they can offer you a fixed-term contract (e.g. 2 years).  When you apply for PR Cat 2, tho, they will need to write you another job offer stating that if you obtain PR you will be hired for a permanent position. 

If you haven't done so already, download the application guide & forms from CIC and start reading...