Can one applies for PNP and CEC at the same time?

[littlerabit]

We have an international student work for us and recently his PNP application has been approved at the provincial level. His lawyer originally told him that he must continue to work at the same position until his case is also approved at the federal level. However, his lawyer now changed her story saying that it's going to take a long time at the federal level and so suggested the student to apply for CEC at the same time. The student is then planning to leave his position as soon as he worked enough hours required under CEC. Likely, his PNP will have not been approved by the federal govenment by then.

My questions are:
1. Can the student leave the position he used to apply for PNP before it's finalized at the federal level? If he does leave his position, is the employer obligated to report the change of the student's employment status?

2. Can the student really apply for two types of immigration at the same time without problems?

We feel the student's lawyer has been giving him differnt information from time to time. We would like to make sure the student gets correct information and see him get his immigration through without a problem and at the same time, we, as the employer, want to make sure that we follow the regulations.

Hope someone can help us here. Thanks for your help in advance.

[wenstumped]

We have an international student work for us and recently his PNP application has been approved at the provincial level. His lawyer originally told him that he must continue to work at the same position until his case is also approved at the federal level. However, his lawyer now changed her story saying that it's going to take a long time at the federal level and so suggested the student to apply for CEC at the same time. The student is then planning to leave his position as soon as he worked enough hours required under CEC. Likely, his PNP will have not been approved by the federal govenment by then.

My questions are:
1. Can the student leave the position he used to apply for PNP before it's finalized at the federal level? If he does leave his position, is the employer obligated to report the change of the student's employment status?

2. Can the student really apply for two types of immigration at the same time without problems?

We feel the student's lawyer has been giving him differnt information from time to time. We would like to make sure the student gets correct information and see him get his immigration through without a problem and at the same time, we, as the employer, want to make sure that we follow the regulations.

Hope someone can help us here. Thanks for your help in advance.

Hi Littlerabit, I'm not entirely sure but I'll answer your questions to the best of my knowledge.

1. The student can leave his current position but the employer would need to notify the relevant authority. In this case the PNP application would most likely be rejected unless the student finds a similar job with another employer immediately and informs the authorities of the same.

2. We have seen 2 simultaneous applications for FSW applicants so I'm not sure if this would apply to PNP as well. Usually, for FSW, once one of the applications reaches the final stage the applicant is contacted to withdraw the other application before a decision is made.

I hope this helps in some way. Anyone else with any opinions?

[Leon]

1. He would have to talk to his PNP.  I asked this question of AINP some years ago when a coworker was contemplating leaving the employer and they said that if they hear that the person is no longer working for the employer who sponsored them at any point prior to them landing as a PR, they will cancel their application and they have to start from scratch with a new employer.

2. There are no rules against having 2 applications going at the same time but at some point they will probably be asked to withdraw one of them or else they can withdraw one when the other gets to the stage of asking for medicals.

However, I do not see why it would necessarily take so long.  If they requested processing in Buffalo which has a processing time of 13 months, they will have their PR faster than waiting until they have enough hours and then applying under CEC which will be 14 months.  However, by applying under CEC too, they do have a safety net because that application will continue even if they quit the job or get laid off.

[littlerabit]

Thanks a lot, wenstumped and Leon. You've been a great help!