IT specialist WP holder can apply for PR without LMO or AEO?

[kaps_cad]

Hi,

I am on a WP in Canada for the last 2.5 months; I am being offered a permanent job offer by another company. I want to first apply for change of employer on the WP so that I can start work with the new employer soon. And then I want to apply for PR to CIC with the permanent job offer. I am in an IT specialist occupation and I believe after I have the new employer's WP, I should be able to apply for the PR (via the Arranged Employment route) without LMO (Labour Market Opinion) or AEO (Arranged Employment Opinion).

I'd like someone who made a similar application (FSW PR from an IT Specialist WP status, without LMO or AEO) or an immigration consultant/expert to verify what I am trying to conclude below. Thanks!

Work Permit:
For IT Speicalists' NOCs there is a "national confirmation" and no separate application needs to be made to HRSDC/Service Canada for LMO for the work-permit. The following links describe this provision which comes to an end on 31st Septemeber 2010.

HRSDC:
hrsdc.gc.ca/eng/workplaceskills/foreign_workers/itexemp.shtml
CIC:
cic.gc.ca/english/work/special-tech.asp

(I also validated this provision by downloading and reading the paragraph on Information Technology workers in section 2.5 of the CIC Foreign Worker Manual.)

Permanent Residence:
I need to take the Arranged Employment route (I am good on points even without AEO) to satisfy the elibility criteria mentioned here for the FSW PR.
cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp
(I do not want to wait one year before applying for PR; and my occupation is not in the list of 38.)

Now I would have satisfied the requirements for the Arranged Employment (#1 on cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp) route, if I could argue, as per the HRSDC-WP link above, that I already have an LMO by virtue of my occupation NOC being in the list of the IT Specialists facilitated NOCs.

Also, AEO (Arranged Employment Opinion)  does not seem to be right for me either. The first question on the AEO form (typically filled by the employer) has this note which indicates that AEO is not what I need.

"Do you intend to employ the skilled worker before he/she becomes a permanent resident?"
"If yes, you are not completing the correct form - please complete the Application for a Labour Market Opinion Form"

From the above, I deduce that as an IT specialist on a work permit whose "occupation" has been "issued" a national LMO, I should be directly able to apply for the PR to CIC with a permanent job offer letter.

Is this conclusion accurate? Has someone done this?

Besides, I was wondering that the IT specialists program coming to an end in September, is going to mandate the LMO for me, in the event I make the PR application after September (I know I need to make the WP change of conditions before September.) However, as far as the PR application is concerned, I want to believe that it will not matter if I apply after September. The "was originally issued by CIC" in the note in the following HSRDC link makes me think so.

hrsdc.gc.ca/eng/workplaceskills/foreign_workers/poworkperm.shtml
** Note
Please note that the Skilled Worker can apply directly  to CIC for permanent residency (Step 4) and can gain additional points for having a permanent job offer from you if he/she already holds a work permit that:
    * Is valid at the time of the application and was originally issued by CIC based on a positive HRSDC labour market opinion (including national opinions like the Canada Research Chairs program); or
    * Is valid at the time of application and was originally issued by CIC based on an international trade agreement (e.g. NAFTA) or an economic benefit exemption.

My second conclusion from the above HSRDC note is - it will be okay if I apply for PR after Septemeber, because my work permit would still be "originally issued" by CIC based on a national opinion (Information Technology workers program.)

Is this conclusion accurate?

The CIC phone agent seems to be clueless.

Any expert opinion on this?

Thank you for your time!

-Kaps

[soorej.simon]

Hi,

I'm planing to take a course in Computer Networking in canada.
Its a 2 years course along with Co-OP traning.
So according to this new NOC list, will i qualify to apply for PR.

Please reply as soon as possible.

Regards,
Soorej.

[ranbir]

hii caps
        in the arranged emplyment there are two option
   
    1-job offer indeterminate means the employer is willing to wait for you until you get pr
    2-if your employer want you before your pr then you have to go for lmo

[shankqiu]

got exactly same question?

Any one can answer? One has a WP via IT Program. Does he/she need AEO to qualify the Skilled Worker PR requirement?

thanks @

[manek]

hang on, we r waiting response to our PR application.

[Cappuccino]

hii caps
        in the arranged emplyment there are two option
   
    1-job offer indeterminate means the employer is willing to wait for you until you get pr
    2-if your employer want you before your pr then you have to go for lmo

That's correct, 2 ways of applying under FSW2:
- 1) Get an Arranged Employment Option and apply from outside Canada and the employer waits for you to complete PR before you start
- 2) Get a TWP with LMO and apply from within Canada

As I understood matters, the guidelines regarding the IT Worker program specifically mentioned that this was designed for temporary workers only and not for those seeking permanent residence in Canada. So IMO this reads that you can work in Canada temporarily without LMO but cannot apply for permanent residence without obtaining LMO.

As far as I am aware the only way to get permanent residence with an IT related occupation now is to get AOE or LMO.

One more option may be provincial nomination. Certain provinces (British Columbia I believe is one) can sponsor certain IT occupations (such as software developer) as such that an LMO is not required. You basically get a job offer then apply for provincial nomination instead of employer needing LMO. However I heard this usually takes 3 or 4 months and often an LMO is faster to get if it's possible.

Wayne.

[manek]

But how do you apply for LMO for only PR purpose? Does Service Canada has this facility?