Questions on HRSDC LMO

[pietvn]

Hi there

Recently my employer offered to have me full time employed and I would like to apply for PR before my work permit expires on 11 Nov 2011. I am a Computer Engineer and I qualify as a Federal Skilled Worker. I have 18 months of Canadian experience to date.

When I applied for my last working permit back in September 2010 I did not have to get an HRSDC LMO. It was an expemted for certain IT occupations . However, since 30 Sep 2010 that changed and now you do require to get an LMO. When I apply for PR, will my current temporary working permit be good enough without an LMO. On the PR application form it requires a HRSDC confirmation letter, which I was exempted from previously. Should I now get one before submitting my PR application. Note my temporary work permit expires 11 Nov 2011.

Thanks!   

[mitali]

Hi there

Recently my employer offered to have me full time employed and I would like to apply for PR before my work permit expires on 11 Nov 2011. I am a Computer Engineer and I qualify as a Federal Skilled Worker. I have 18 months of Canadian experience to date.

When I applied for my last working permit back in September 2010 I did not have to get an HRSDC LMO. It was an expemted for certain IT occupations . However, since 30 Sep 2010 that changed and now you do require to get an LMO. When I apply for PR, will my current temporary working permit be good enough without an LMO. On the PR application form it requires a HRSDC confirmation letter, which I was exempted from previously. Should I now get one before submitting my PR application. Note my temporary work permit expires 11 Nov 2011.

Thanks!   

1.NOC in MI3 list:

Please check if you qualify under the current MI3 NOC list. In which NOC do you have experience in? IT occupations are exempted from the MI3 list.

Applications received toward the overall cap: 958 of 10,000 as of August 22, 2011

Applications received per eligible occupation:
Eligible Occupation
(by National Occupational Classification [NOC] code) Number of Complete Applications Received*
0631 Restaurant and Food Service Managers 34
0811 Primary Production Managers (except Agriculture)  6
1122 Professional Occupations in Business Services to Management 500
(Cap reached)**
1233 Insurance Adjusters and Claims Examiners 9
2121 Biologists and Related Scientists 27
2151 Architects 19
3111 Specialist Physicians 19
3112 General Practitioners and Family Physicians 7
3113 Dentists 24
3131 Pharmacists  39
3142 Physiotherapists  10
3152 Registered Nurses  148
3215 Medical Radiation Technologists  6
3222 Dental Hygienists and Dental Therapists 3
3233 Licensed Practical Nurses  7
4151 Psychologists 3
4152 Social Workers  28
6241 Chefs  7
6242 Cooks 13
7215 Contractors and Supervisors, Carpentry Trades 10
7216 Contractors and Supervisors, Mechanic Trades  12
7241 Electricians (except Industrial and Power System) 5
7242 Industrial Electricians  7
7251 Plumbers  1
7265 Welders and Related Machine Operators 1
7312 Heavy-Duty Equipment Mechanics  5
7371 Crane Operators  0
7372 Drillers and Blasters – Surface Mining, Quarrying and Construction 1
8222 Supervisors, Oil and Gas Drilling and Service 7

2. CEC: For Canadian experience class you need a minimum of 2yrs experience.


Mitali

[canadestin]

Hi there

Recently my employer offered to have me full time employed and I would like to apply for PR before my work permit expires on 11 Nov 2011. I am a Computer Engineer and I qualify as a Federal Skilled Worker. I have 18 months of Canadian experience to date.

When I applied for my last working permit back in September 2010 I did not have to get an HRSDC LMO. It was an expemted for certain IT occupations . However, since 30 Sep 2010 that changed and now you do require to get an LMO. When I apply for PR, will my current temporary working permit be good enough without an LMO. On the PR application form it requires a HRSDC confirmation letter, which I was exempted from previously. Should I now get one before submitting my PR application. Note my temporary work permit expires 11 Nov 2011.

Thanks!   

Computer Engineer are not under eligible occupations. However if you have Arranged Employment Offer (AEO) then you can apply under FSW2.


The current employment which you talking is Software Pilot Programme , it does not make you eligible to apply under fsw2.

See below which is given in CIC website:

Skilled workers and professionals: Who can apply—Arranged employment
If you have an offer of permanent employment from a Canadian employer, it can improve your chances of having your federal skilled worker application approved.

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.
In addition:

•your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or
•you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid.

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.

Note: You cannot arrange for an HRSDC confirmation of a job offer. Your employer must do this.

[canadestin]

This is the link for the above:

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

[pietvn]

Sorry my mistake... I completed a survey at the CIC website. The "Come to Canada" survey said I may be eligible to work in Canada as a skilled worker. Not a "Federal Skilled Worker", sorry.

Skilled workers and professionals: Who can apply—Arranged employment
If you have an offer of permanent employment from a Canadian employer, it can improve your chances of having your federal skilled worker application approved.

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.
In addition:

•your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or
•you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid.

Based on the four bullet points above

1. I have a confirmed offer
2. My temporary work permit (expires Nov 2011) will be valid when I apply for PR, but not likely when it will be issued
3. My work permit did not require LMO back then, is this a problem now?

[pietvn]

Canadastin

However if you have Arranged Employment Offer (AEO) then you can apply under FSW2.

The current employment which you talking is Software Pilot Programme , it does not make you eligible to apply under fsw2.

This is my occupational code : NOC 2147

Where can I see the requirements to apply for fsw2?

Thanks

[omm]

Canadastin

This is my occupational code : NOC 2147

Where can I see the requirements to apply for fsw2?

Thanks

You can renew/extend your work permit.

Read more about Canadian experience class : http://www.cic.gc.ca/english/immigrate/cec/index.asp
For FSW2 : http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp

You have to read carefully each section.

OMM

[pietvn]

Thanks OMM for the reply

1) I believe I do not qualify for Canadian Experience class yet. I do not have 2 years working experience in Canada as of date.
2) For FW2 I already checked the requirements from the link you send
- my question is : Can I apply for FW2 with my existing work permit, bare in mind that previously I was exempt from HRSDC to get a LMO.
- also I am aware that I should apply for a new permit, because my existing one expires in November 2011. But if I apply with my existing work permit, should I get a LMO first before submitting my FW2 application?

[mitali]

Thanks OMM for the reply

1) I believe I do not qualify for Canadian Experience class yet. I do not have 2 years working experience in Canada as of date.
2) For FW2 I already checked the requirements from the link you send
- my question is : Can I apply for FW2 with my existing work permit, bare in mind that previously I was exempt from HRSDC to get a LMO.
- also I am aware that I should apply for a new permit, because my existing one expires in November 2011. But if I apply with my existing work permit, should I get a LMO first before submitting my FW2 application?

You will fall under the category of FSW2 (Even though it is not AEO) if you applied with your existing WP,even though it was LMO exempt. But you have to retain this status with your employer till you get your PR. If you lose your job or if the job is not approved anymore by HRSDC (since now your job is no more LMO exempt) then you will not continue as FSW2 and the PR application will not qualify.

Yes, I believe your employer should initiate the process of LMO with HRSDC. It is a time consuming process which takes 4-6m approx. depending on the province + approx 1m for WP. You will not be able to work after Nov 11, if you don't have the LMO and the WP.

It will be ideal to have the new LMO+WP for your PR application. Alternately,you could send the PR application with all the details of your job, LMO and WP and in the meantime start working on the new LMO. Once it arrives you can safely send the docs to your VO...hopefully by then you will be in RBVO status.

Mitali

[canadestin]

You will fall under the category of FSW2 (Even though it is not AEO) if you applied with your existing WP,even though it was LMO exempt. But you have to retain this status with your employer till you get your PR. If you lose your job or if the job is not approved anymore by HRSDC (since now your job is no more LMO exempt) then you will not continue as FSW2 and the PR application will not qualify.

Yes, I believe your employer should initiate the process of LMO with HRSDC. It is a time consuming process which takes 4-6m approx. depending on the province + approx 1m for WP. You will not be able to work after Nov 11, if you don't have the LMO and the WP.

It will be ideal to have the new LMO+WP for your PR application. Alternately,you could send the PR application with all the details of your job, LMO and WP and in the meantime start working on the new LMO. Once it arrives you can safely send the docs to your VO...hopefully by then you will be in RBVO status.

Mitali

LMO exempt job were never accepted under FSW2.

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.

Note: You cannot arrange for an HRSDC confirmation of a job offer. Your employer must do this.

[canadestin]

Canadastin

This is my occupational code : NOC 2147

Where can I see the requirements to apply for fsw2?

Thanks

I have already posted detils and link forrequirementto apply under fsw2.

For fsw2...u need AEO approved by HRSDC . And the occupation should among O, A or b category of NOC List.

[wilbur]

Hi,

I was in a similar case and I didn't need an LMO, but of course you'll need to apply before your currrent WP expires.

If you want to extend your WP then you'll need to apply for an LMO, not before.

Thanks,

[omm]

Thanks OMM for the reply

1) I believe I do not qualify for Canadian Experience class yet. I do not have 2 years working experience in Canada as of date.
2) For FW2 I already checked the requirements from the link you send
- my question is : Can I apply for FW2 with my existing work permit, bare in mind that previously I was exempt from HRSDC to get a LMO.
- also I am aware that I should apply for a new permit, because my existing one expires in November 2011. But if I apply with my existing work permit, should I get a LMO first before submitting my FW2 application?

2) Yes, maintain status of your work permit.
Follow mitali's answer about your same number 2.

OMM

[pietvn]

Thanks very much Canadin and Mitali for you help so far.

So what I am going to do now is the following
1) Get AEO
2) Apply for PR FSW2, with my existing WP (although it expires in Nov)
3) Get LMO and start process for new WP
4) Submit new WP to VO when I get it later hopefully this year

That makes sense right? or am I missing something?
Really appreaciate the feedback!

[pietvn]

sorry to ask again, but would you guys recommend doing the following in this order

1) Get AEO
2) Apply for PR FSW2, with my existing WP (although it expires in Nov)
3) Get LMO and start process for new WP
4) Submit new WP to VO when I get it later hopefully this year

Thanks!