Immigrating to Canada while on work permit

[Iwanttoimmigrate]

Hi All,
I'm an software engineer from India, presently working in Toronto, Canada on a work permit . I have been trying to get some information on immigration, did try CIC and HRSDC web sites, although got the required information but still not able to get the answers for my complex scenarios

1. Can I apply for PR under FSW from within Canada?
2. What happens to my application if my present work permit gets expired if I applied from Canada.
3. Is there any difference in processing times if I apply PR from Canada?
4. Presently my wife is with me here in Canada on dependent visitor visa where in she can not work, study etc.  She is also an Software Engineer and is actively pursuing higher education options - are there any provisions to apply for student visa for her from Canada?

Thanks in advance!!!

[nano24482]

If you have completed 2 years full time employment than you can apply under Canadian Experience Class.
Just go through the link Below.
http://www.cic.gc.ca/english/immigrate/cec/index.asp


quote author=Iwanttoimmigrate link=topic=76332.msg867381#msg867381 date=1310350986]
Hi All,
I'm an software engineer from India, presently working in Toronto, Canada on a work permit . I have been trying to get some information on immigration, did try CIC and HRSDC web sites, although got the required information but still not able to get the answers for my complex scenarios

1. Can I apply for PR under FSW from within Canada? You can apply under CEC.
2. What happens to my application if my present work permit gets expired if I applied from Canada.If you have 2 years experience than it won't matter..
3. Is there any difference in processing times if I apply PR from Canada?It takes 8 months and is all togather a different category..
4. Presently my wife is with me here in Canada on dependent visitor visa where in she can not work, study etc.  She is also an Software Engineer and is actively pursuing higher education options - are there any provisions to apply for student visa for her from Canada? I don't think there should be a problem for Student visa, though it will cost you a lot.

Thanks in advance!!!

[/quote]

[Leon]

1. Can I apply for PR under FSW from within Canada?

Yes, you could use your work permit and a letter of permanent job offer from your employer as an AEO to apply under FSW.

2. What happens to my application if my present work permit gets expired if I applied from Canada.

Your work permit needs to stay valid throughout your processing.  If you can not renew it and have to go home, I do not know if you lose your application or if they would consider the option that your employer could apply for an AEO for you to let your application go on.

3. Is there any difference in processing times if I apply PR from Canada?

What you mean by applying from Canada is probably that you can opt for processing in the US because you have legal temporary status in Canada.  You can see processing times here: http://www.cic.gc.ca/english/information/times/perm/skilled-fed.asp

4. Presently my wife is with me here in Canada on dependent visitor visa where in she can not work, study etc.  She is also an Software Engineer and is actively pursuing higher education options - are there any provisions to apply for student visa for her from Canada?

She could apply for an open work permit based on your permit.  If she wants a study visa, she has to apply for it individually.

[Iwanttoimmigrate]

Hi guys,

Thanks for replying back.

Nano24482 - I just arrived in Canada and completed 3 months only so I can not apply under CEC.

Leon - I want to apply under federal skilled worker category, the option which u have given is more or less pnp program. Right?

Deepak - I could not send u private msg since the settings does not allow me to do so. Yes my employer is from India and thru that employer I'm here in Canada on contract for a year.

Let me know if you guys need any information.

Thanks

[Leon]

Leon - I want to apply under federal skilled worker category, the option which u have given is more or less pnp program. Right?

No.  FSW with AEO is still FSW.  Processing times may be different and there are more requirements.

[Iwanttoimmigrate]

No.  FSW with AEO is still FSW.  Processing times may be different and there are more requirements.

Is AEO Mandatory to apply from Canada under FSW?

What is the best option in a case where in I apply for PR under FSW without AEO from canada and still want to keep my application status valid If i had to go back to India after serving my existing contract.

Thanks Leon for all the promptness in response.

[scylla]

If you want to apply for FSW without AEO then you have to qualify under one of the followin NOCs:

http://www.cic.gc.ca/English/immigrate/skilled/complete-applications.asp

[Leon]

If your occupation is not on the list of 29 most wanted, you need an AEO.  Immigration says:

Depending on your circumstances, the requirements for a valid offer of employment are different.

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.

On the other hand, if you had applied before you came to Canada, you would just have needed an AEO.

[Iwanttoimmigrate]

If you want to apply for FSW without AEO then you have to qualify under one of the followin NOCs:

Thanks Scylla. I do not fall under any one of the 29 NOC list. So I guess FSW with AEO is the only option.

If your occupation is not on the list of 29 most wanted, you need an AEO.  Immigration says:

On the other hand, if you had applied before you came to Canada, you would just have needed an AEO.

Thanks Leon. I have read the link

2) In all other cases:

You must not be working in Canada and you either

    do not have a valid work permit or
    you have a work permit, but your circumstances are different from those described in the first example.

In this case, the offer of employment is valid if your prospective employer

    has made an offer to hire you on an indeterminate basis if you are accepted as a federal skilled worker, and
    has obtained a positive Arranged Employment Opinion from HRSDC

and you

    meet all required Canadian licensing or regulatory standards associated with the job.

What is the difference between a permanent job offer and an Indeterminate offer?... both are same for me.

what Canadian licensing or regulatory standards does a candidate has to comply with?

Thanks.

[Leon]

As far as I know, if you are hired on an indeterminate basis, it is the same as having a permanent job as opposed to having a 1 or a 2 year contract or a job offer for one.

You have to meet the license requirements associated with the job.  In many cases there are none but in some professions, you would not be able to work without being licensed in Canada to work in that profession.