Do I qualify or not

[ATG]

Hello 
I applied for Canadian Immigration as  a skilled worker in  November 2008 and got immigration file number in February 2009. I have 4 year bachelor degree in "Chemical Engineering" degree from recognized institute of Pakistan  and also have four (4) year  work experience in sales and marketing department of  oil and gas company. My relevant details are as follow:
I am 34 years old male and have one spouse and two kids. Me and my spouse are fluent in English and my spouse has got graduation degree by completing her 14years education. I applied under NOC code #  2134
I have request to address my few queries
 
Do I qualify or not under new immigration rules enacted on February ,2008.
Do I withdraw my application and re submit my application under new job code just to come in fast track process.  I applied in the interim period from February 2008 to November 2008.

[Leon]

There are 3 ways to qualify to apply as a skilled worker under the new rules:

Category 1, you have at least 1 year experience in the last 10 years in one of these occupations: http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

Category 2, you have a job offer (AEO)

Category 3, you are already in Canada as a worker or a student and have been in Canada for the last 12 months or more.

If none of this applies to you, you do not qualify and at some point they will return your application and fees.  You can withdraw your application if you wish to and if you fit one of the job codes for Category 1, apply again under that code.

[sunny_causa]

Hi Leon

I have a small question for regarding your post... you mention they are 3 ways which means that if i qualify any one of them is fine or do i need to qualify all the 3 categories ???

Actually i am currently working as Programmer Analyst in USA from last 5 yrs on H1B visa. In Sep 2002 to Aug 2004 i was in Canada as Student.Do i still qualify for applying canada PR ?Please let me know

I really appreciate you for giving answers for our questions

Thank You
Sunny

[Leon]

You need to qualify for one of these categories.

Programmer analyst is not on the list for category 1 so forget that.

You don't have a job offer so you don't qualify for category 2.

And you are not still in Canada or have been for the last 12 months so you don't qualify for category 3.

Either you could try to get a job offer or you can look into Quebec skilled worker.

Alberta has a H1b program to recruit people on H1b visa in the US but I think they got so flooded by computer people already that they took most of them off their list.  You can look into it too though.

[rupeshhari]

Will CEC work for this person or is it too late?

[accreddy]

For CEC, it is too late. In order to apply for Post-Graduate Work Permit the study permit should still be valid (which might have expired) and also s/he is not in Canada.

[Leon]

Too late for CEC even if he had qualified back in 2004 which he didn't.  He has 2 years studies, no work.   For CEC, you need 2 years studies and 1 year work or just 2 years work and if you've left Canada, you have a year to apply.

[sunny_causa]

Hi Leon

As you mention ,If i have a job offer from canada with programmer analyst is that fine or do i need a job offer as 0213: Computer and Information Systems Managers post ?For Quebec skilled worker , Is French language is compulsory ? need to know whether for quebec skilled worker will also comes under same list of occupations ?Please let me know

Thanks
Sunny

[rupeshhari]

if you have an approved job offer then that is good enough for FSW2.
Quebec, one should know French. The job list does not apply to Quebec.

[Leon]

If you qualify for 0213 with at least one year experience in the last 10 doing that job, you can apply under FSW category 1 without needing a job offer.

If you have a job offer (AEO) as a programmer analyst, that will qualify you to apply under FSW category 2.

For both, you need at least 67 points also on the self assessment.

Quebec has their own immigration program.  You would have to do their self assessment to see if you qualify.  A job offer is not required.