Arranged employment....apply for PR right away or after I start working there?

[vins1]

I have a job offer in Canada from a multinational firm. I am interested in getting the PR. I do not have to join right away though, so which of the below options would be ideal way to apply for the PR? (Mine is an IT related job which is NOT in the list of occupations in demand).

Option (1): Since there is no immediate requirement to join, can my employer offer to hire me if I am accepted as a federal skilled worker? Are there any chances that this may be rejected since my occupation is not in demand in Canada right now? How long would this process take?

Option (2): Get a work visa first and once I start working in Canada, apply for the PR through my employer on the basis of the offer of permanent employment. Is there any length of time I need to work before my company can apply for the PR? Is the entire PR processing time the same as #1 above? I am leaning towards option #2, as I can at least start working even if there are issues with the PR as in option #1.

If I get a clear picture, it would be easier to discuss the best way forward with the employer. I am currently in the US on a work visa and would appreciate any thoughts or suggestions. Thanks.

[jes_ON]

For both options you would in theory qualify for FSW under Category 2, Arranged Employment.  
http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

Option 1 - you are not yet working in the job - unless you would be exempt under NAFTA, your employer would need to apply to HRSDC for an Arranged Employment Opinion (AEO) before you could apply for PR.  You would not be able to start working until you obtained PR.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/forms/emp5275e.pdf

Option 2 - you start work before you apply for PR - again, unless you are exempt, your employer would need to apply to HRSDC for a Labor Market Opinion (LMO) - you would not be able to apply for a Temporary Work Permit until your employer obtains a positive LMO.

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/temp_assessment.shtml

Here's the catch - although you would be able to work in Canada FASTER under option 2, LMOs have been in short supply lately, because of the economic conditions and unemployment in Canada.  For the LMO, the employer has to prove that they tried to recruit/hire a Canadian and could not find a qualified person to fill the job.  Very tough these days.  (Of course, your multinational may have some very good lawyers that are good at getting LMOs...)

Under option 1, the AEO does not require that the employer prove they were unable to hire a Canadian.  (they just have to prove that they won't abuse you, under-pay you compared to a Canadian, etc.).  

Among the various types of applications for PR, Arranged Employment applications are supposedly processed relatively quickly.  So if you can afford to wait a year or so for the employer to get the AEO and to go through the PR application process, I think your odds are better.  

If not, it will still take several months to process the LMO application for the TWP.  Once you're here working on the TWP, you can apply right away for the PR (note that your TWP and permanent job offer in this case must still be valid at the time the visa is issued if your application is approved, so the sooner you apply, the better).

You should be sure that the terms of the "permanent" job offer meets the definition of "permanent, full time" - which means that it cannot be a fixed-term contract (e.g. a 2-year contract), it can't have an end-date, even if renewable.  Also, it has to be a minimum of 37.5 hours per week, or it's not "full-time"...

[vins1]

Thanks for the excellent and very detailed reply. You have given me a very good picture.

To conclude, it looks like Option (1) where I wait for the PR before I start working, is a longer process and it involves the employer getting an AEO (LMO is not required). It looks like AEO involves less work for the employer than the LMO. So this is the option to go with if time is not a constraint. But the 1 year wait may not be acceptable, if it was more like 6 months, that would have been perfect.

Option (2): looks like it is tough to get LMO these days, but is comparatively faster.

Either option does not look ideal at this time, but hope one of them goes through.

[jes_ON]

Exactly.  Perhaps your prospective employer has more information regarding their experience hiring foreign workers.  My understanding is that it takes about 2-3 months these days to process either an LMO or AEO. Some employers can "fast-track" their applications (LMO).  But for the LMO, add another month for the job advertising/recruiting process.   

Then, when you apply for PR under the FSW-Cat2, it's 2-3 months for the first stage application to CIO-Sydney, and then 6-12 months for processing the full application (plus any additional time you may need to prepare documents etc...).

If your employer has hired other foreign workers recently, they probably knew this before they made you the job offer, so the wait may be acceptable to them (whether you can wait is another matter as well!).

Let us know how it goes - post some updates as you go through the process!  And good luck...

[Leon]

What you can do is the employer tries for the LMO and if you get it, you can apply for a work permit, come work for him and apply for PR later.

If he's denied the LMO, he can apply for an AEO which should be easier to get, and then you can use that to apply for your PR directly.

[vins1]

That's a good way to look at it and it is good to have a backup plan.

Thanks for the replies jes_ON & Leon, I have learned quite a lot about the "Arranged employment" options in the last 24 hours.

[vins1]

In my case I believe the LMO may not be required after all as the Canadian and US are the same parent companies and I have worked with them for several years. I did a search and found this information...

qualified intra-company transferees require work permits and are LMO exempt under R205(a) CEC
C12, as they provide significant economic benefit to Canada through the transfer of their expertise to
Canadian businesses. This applies to foreign nationals from any country.


If I then move to Canada on a work permit as an "intra-company transferee", can I at a future date apply for PR, if the Canadian entity offers me permanent employment?

[jes_ON]

well, that's good luck!  There are a lot of restrictions RE what positions qualify for the intra-company transfer exemption, so make sure your position is one of them. 

But, I can't think of any reason why you couldn't apply for PR then..

[simplesimon]

Hi Jes -on and Leon,

I have submitted my full doc package to my local CHC under FSW 1. I have found an employer who is willing to give me a job letter - AEO. Does that speed up my application at this stage or should I have put it in with my initial application to CHC ?

Tx in advance

[Leon]

Hi Jes -on and Leon,

I have submitted my full doc package to my local CHC under FSW 1. I have found an employer who is willing to give me a job letter - AEO. Does that speed up my application at this stage or should I have put it in with my initial application to CHC ?

Tx in advance

It should speed up your application if you have a job waiting for you so get the AEO and send it or fax it to your local CHC along with your file number and ask for it to be added to your file.  You get more points for it too.

[simplesimon]

Tx a million as usual for your prompt and helpful responses!

[sudha]

It should speed up your application if you have a job waiting for you so get the AEO and send it or fax it to your local CHC along with your file number and ask for it to be added to your file.  You get more points for it too.

Sorry to resurrect the old thread. Most of the information here is very relavant to my question...

I applied for a PR with London CHC, now I am in canada and working full time. My employer applied for a LMO recently. If I want to fast track my application can I add the LMO to the application or does my employer need to apply for AEO also?

[echoes1978]

If not, it will still take several months to process the LMO application for the TWP.  Once you're here working on the TWP, you can apply right away for the PR (note that your TWP and permanent job offer in this case must still be valid at the time the visa is issued if your application is approved, so the sooner you apply, the better).

What if TWP expires and I cant extend it while waiting for PR status? Is it enough to return to my home country and wait for PR status or return to Canada as a tourist,  or the whole process stops in that case?

[jes_ON]

Sorry to resurrect the old thread. Most of the information here is very relavant to my question...

I applied for a PR with London CHC, now I am in canada and working full time. My employer applied for a LMO recently. If I want to fast track my application can I add the LMO to the application or does my employer need to apply for AEO also?

You didn't say under which PR program you applied ..?   Also, how are you authorized to work in Canada if your employer is just applying now for an LMO?

Your employer does not need to apply for an AEO.  There are two types of "arranged employment," - for those already working in Canada on a valid work permit, "arranged employment" is when your employer writes a letter offering you a PERMANENT full time position if you become a PR. 

There is no "fast track" or "slow track" now. 

[sudha]

You didn't say under which PR program you applied ..?   Also, how are you authorized to work in Canada if your employer is just applying now for an LMO?

Your employer does not need to apply for an AEO.  There are two types of "arranged employment," - for those already working in Canada on a valid work permit, "arranged employment" is when your employer writes a letter offering you a PERMANENT full time position if you become a PR. 

There is no "fast track" or "slow track" now. 

I applied for PR under FSW1 right now it is waiting in the London office. I am in canada under Open work permit, I got a job and Employer applied for a LMO.