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LMO & FSW APPLICATION

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi there,

I need some advise on LMO and FSW application from all experts out there.

My current situation is that I've obtained a job offer as a full time permanent employee from my prospective employer and they have submitted for LMO application. However, I'm still awaiting for the LMO approval.

So, my questions are:

1. During this period, can I submit FSW application or do I need to wait for LMO approval before I can submit for FSW application?

2. How long will it take to process FSW application with arranged employment?

3. Once LMO approved, must I apply for work permit while awaiting for FSW approval?

4. Or what is the best option to apply for PR with arranged employment.

I would really appreciate if someone could advise me the best possible option for me to immigrate to Canada with arrranged employment.

Many thanks.
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi All,

Please help on my query previously posted.

Really desperate for help!

Many thanks
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
Kentish said:
Hi there,

I need some advise on LMO and FSW application from all experts out there.

My current situation is that I've obtained a job offer as a full time permanent employee from my prospective employer and they have submitted for LMO application. However, I'm still awaiting for the LMO approval.

So, my questions are:

1. During this period, can I submit FSW application or do I need to wait for LMO approval before I can submit for FSW application?

2. How long will it take to process FSW application with arranged employment?

3. Once LMO approved, must I apply for work permit while awaiting for FSW approval?

4. Or what is the best option to apply for PR with arranged employment.

I would really appreciate if someone could advise me the best possible option for me to immigrate to Canada with arrranged employment.

Many thanks.
1 If your profession is listed in the 29 Ministerial list and the cap of 1000 applications has not been reached...then you can apply for FSW. In this situation you do not need LMO approval.

2. If you qualify (i.e 29 Ministerial list/cap not reached 1000 applicants) then the projected timeline for PR is 8-12 months. Different timelines for different Visa offices. With arranged employment (AEO), the VO's place the application under Microscopic scrutiny to check the authenticity of the application (Employer). There is no data yet (based on the post 26 June 2010 applications till date on this Forum) to determine the timeline for AEO applicants.

3. Yes, you can apply for WP (while awaiting for your PR) once you get the Positive LMO from your employer.

4. Best Option: IMO -
Without Arranged employment:

a) If your Profession is in the ministerial list, apply for PR right away (The list will change June end)
b) After you've applied for PR, and when you receive your positive LMO, apply for WP and come to Canada...start your job.
c) Since your application of PR will be underway (processing), you will have to inform your VO of any change in situation, like address, new job etc. So inform them about the changes and wait for their decision.

In this situation, initially you will have to show Proof of funds but later on when you show evidence of "Current employment", you will not not have to provide any proof for funds.

With Arranged employment:

There can be 2 situation with Arranged employment: Apply with AEO along with your PR application (Without entering Canada/or while in Canada but not working for the employer
sponsoring your AEO)
Apply for PR, indicating that you are currently employed in Canada and provide all details of your current employer.

Hope this helps. Please also await responses from Seniors.

Mitali
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi Mitali,

Many thanks for your advise.

However, my occupations is not one of the 29 listed occupations but it is a Skilled Level A occupation and it is in the NOC list.

Therefore, am I eligible to apply for FSW with arranged employment?

Correct me if I'm wrong, the CIC website states that Federal skilled worker applications are eligible for processing if you meet the following criteria:

1. Include the results of your official language proficiency test, AND

2. Have a valid offer of arranged employment, OR

3. Have one year of continuous full-time paid work experience in at least one of the 29 occupations listed.

So, since I've fulfill the 2nd criteria (arranged employment) and have obtained my IELTS results, can I proceed to apply for FSW application while waiting for LMO or must I obtain LMO before submitting FSW? How likely will they approve my FSW with arranged employment but not on the basis of the 29 listed occupations?

Thanks again.
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
Kentish said:
Hi Mitali,

Many thanks for your advise.

However, my occupations is not one of the 29 listed occupations but it is a Skilled Level A occupation and it is in the NOC list.

Therefore, am I eligible to apply for FSW with arranged employment?

Correct me if I'm wrong, the CIC website states that Federal skilled worker applications are eligible for processing if you meet the following criteria:

1. Include the results of your official language proficiency test, AND

2. Have a valid offer of arranged employment, OR

3. Have one year of continuous full-time paid work experience in at least one of the 29 occupations listed.

So, since I've fulfill the 2nd criteria (arranged employment) and have obtained my IELTS results, can I proceed to apply for FSW application while waiting for LMO or must I obtain LMO before submitting FSW? How likely will they approve my FSW with arranged employment but not on the basis of the 29 listed occupations?

Thanks again.
Hi Kentish,

Now the picture is clear.

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

Applying for PR and LMO are independent of each other.

Yes, you can apply for PR with AEO that you have from your employer. It does not matter if your job is not listed in ministerial list, if you apply with AEO. Yes, you can proceed to apply for PR with your LMO in process.

Like I said, you dont have to have a NOC in the ministerial List if you have AEO. But for you to qualify under the FSW category, the AEO job should be in skilled category - which is in NOC O, A or B category.

Hope this helps.

Mitali
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi Mitali,

Many many thanks again for your advise and link.

I think I've got a clearer picture of the entire process now and fingers crossed that it will get thru asap.

I'll send an update once I get my approval.

Cheers!
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
Kentish said:
Hi Mitali,

Many many thanks again for your advise and link.

I think I've got a clearer picture of the entire process now and fingers crossed that it will get thru asap.

I'll send an update once I get my approval.

Cheers!
Wish you all the Best. Take care.

Mitali
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Re: LMO, WORK PERMIT & FSW

Hi,

I've just got my LMO approved and was granted a 2 years LMO.

My future employer advised me to apply for Temporary Resident Visa + Work Permit and they will discuss my PR application when I arrived Canada.

So, assuming that I will get a 2 years work permit based on the LMO approval, will I have enough time to get my PR application approve?

If not, will I be able to extend my work permit?

What is the best way forward to such situation?

Please could someone share their experience and advise.

Thank you.
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
Re: LMO, WORK PERMIT & FSW

Kentish said:
Hi,

I've just got my LMO approved and was granted a 2 years LMO.

My future employer advised me to apply for Temporary Resident Visa + Work Permit and they will discuss my PR application when I arrived Canada.

So, assuming that I will get a 2 years work permit based on the LMO approval, will I have enough time to get my PR application approve?

If not, will I be able to extend my work permit?

What is the best way forward to such situation?

Please could someone share their experience and advise.

Thank you.
Congratulations Kentish,

To get a positive LMO for 2 years is the best thing that could have happened to you. As advised by your employer apply for VISA And WORK PERMIT as soon as possible. Once you get them you can enter Canada on the basis of your Work permit. If you have family,include them too. It is a hassle to bring them later on.

Since you have mentioned in your earlier post that your profession is not in the 29 MI list, you have to wait for the new MI list which will be available on the CIC website on 1st July. I think your employer wants you to begin work at the earliest and then as soon as the new MI list be announced, he'd discuss the probability of PR application.

The other scenario would be: Complete 2 yrs work in Canada and apply for CEC class in case your NOC is not in the MI list (1 July 2011) or

have (request) your employer sponsor you (depends on Province, please check), or

apply for PR on your own if your NOC happens to be in the MI List - after 1st July,2011). The processing timeline for the applications post 1st July 2011 is not known yet.

As far as extending your WP is concerned, you will be able to extend it only for another 2 years ( the new rule for TFW is in force from 1st April, 2011). Now the TFW can be employed in Canada only for a period of 4 years, after which the candidate has to return to home country and can not apply for WP for 4 years (Please check the website for details).

Hopefully your PR will be processed within a short time....just keep a keen and watchful eye on the developments at the CIC website and of course this Forum.

Mitali
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi Mitali,

Thank you very much for your valuable advise. Of course, I will constantly share my status in this forum and hopefully others will also join us in this discussion.

However, I'm a bit confused on the CIC website explaining the process of 'Hiring Skilled Workers and Supporting their Permanent Immigration'. Please go to the link:

'hrsdc.gc.ca/eng/workplaceskills/foreign_workers/poworkperm.shtml'.

Sorry, I can't include the full link in front, I don't know why. Please include 'www' in front of the link.

In such situation, am I eligible to get my employer to sponsor me immediately after getting my work permit approved instead of going thru CEC which I need to have 2 years Canadian experience or even the Provincial Nominee Program. Is the above link referring to FSW application and am I eligible to apply under this process eventhough my NOC list is not in the current 29 MI list or even the new 2011 MI list?

If my employer choose to go through the Provincial Nominee Program, is there any restrictions of Provincial Nominee Program? Would you be able to advise how long will the Provincial Nominee Program take to process and approve? Is this a better option than the above recommendation from the CIC website?

Sorry, I know I have lots of questions for you but I'm really confused and your advise is always of a great help to me. I really appreciate it.

Besides, please could other seniors also provide me some advise, if possible.

Many thanks. :D :D :D
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
Hi Kentish,

I agree that CIC website has loads of information and many a times they are interconnected thus difficult to understand.

I am addressing the following question: "Hiring Skilled Workers and Supporting their Permanent Immigration"

IMO once you are here in Canada and your employer agrees to give you a PERMANENT position in the company, you could apply for PR because you have the the evidence of ARRANGED EMPLOYMENT.Your NOC need not to be in the 2011 MI list if your PR is filed with Arranged employment. In this case your employer will have to provide all the required documents related to the offer of PERMANENT employment and other details....in other words - SUPPORTING your PR application.

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

There is a minimum requirement for Work experience:

1. at least one year, continuous, and paid (full-time or the equivalent in part-time), AND
2. Skill Type 0 or Skill Level A or B on the Canadian National Occupational Classification (NOC) list, AND
3. within the last 10 years.

If you have experience (from previous jobs) in any of the NOC listed jobs (O,A or B skill type) for 1 continuous year in the last 10 yrs, then you can apply for PR right away (even though your profession is not listed in MI list) or else you HAVE to wait for 1 year at your present job to gain that experience (hopefully it is skill type O,A or B).

Further, check other eligibility conditions (above link) to gain points (min 67 points to be eligible for PR)

I could do some research about the PNP if you could mention the Province as different province have different rules.

Mitali
 

Kentish

Star Member
May 13, 2011
57
1
Category........
Visa Office......
Sydney, Nova Scotia
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Nomination.....
05-06-2012
AOR Received.
20-09-2012
Med's Request
20-09-2012
Med's Done....
02-10-2012
LANDED..........
In Canada
Hi Mitali,

Thanks for the prompt reply.

Yes, my new employer has offered me a PERMANENT position in the company. In addition, I have 5 years of experience in the same employment/experience in the last 10 years, have overall IELTS score of 7.5 and exceed 67 points for the application. So, I have met all the criteria and do you think I will stand a chance to get it process quicker?

My employer's office is in Ontario province.

Cheers! :)
 

yukon

Hero Member
Apr 6, 2010
909
64
Job Offer........
Pre-Assessed..
Kentish said:
Hi Mitali,

Thanks for the prompt reply.

Yes, my new employer has offered me a PERMANENT position in the company. In addition, I have 5 years of experience in the same employment/experience in the last 10 years, have overall IELTS score of 7.5 and exceed 67 points for the application. So, I have met all the criteria and do you think I will stand a chance to get it process quicker?

My employer's office is in Ontario province.

Cheers! :)
That's very well explained by Mitali !!
I second all of it.
 

hedonistG

Full Member
Mar 31, 2011
25
1
Hello Everyone,
I have been offered a permanent full time job by an employer in BC, Canada. He had applied for AEO approval in December 2010 but we have not got any decision yet regarding this.
Right now I am securing more than 67 points but problem is that my job category has already reached its cap limit of 1000.
My question is that-
1. How long does it take for the process regarding decision on the AEO application.
2. If the AEO decision is positive and my job category is again in the new NOC list scheduled to be declared in June. Should I apply for immigration with AEO or it is better to apply without it ( as my point will be over 67 even without AEO letter). I have heard chances are less with AEO because there is extra scrutiny in those cases regarding authenticity of Job offer.
Please advise.
 

yukon

Hero Member
Apr 6, 2010
909
64
Job Offer........
Pre-Assessed..
hedonistG said:
Hello Everyone,
I have been offered a permanent full time job by an employer in BC, Canada. He had applied for AEO approval in December 2010 but we have not got any decision yet regarding this.
Right now I am securing more than 67 points but problem is that my job category has already reached its cap limit of 1000.
My question is that-
1. How long does it take for the process regarding decision on the AEO application.
2. If the AEO decision is positive and my job category is again in the new NOC list scheduled to be declared in June. Should I apply for immigration with AEO or it is better to apply without it ( as my point will be over 67 even without AEO letter). I have heard chances are less with AEO because there is extra scrutiny in those cases regarding authenticity of Job offer.
Please advise.
If your job NOC is in the demand list & you can get 67 points without the AEO. THEN APPLY WITHOUT THE AEO-You will get (& you will also actually improve your chances of getting one) your Visa atleast 4-6 months earlier. However if you NOC is not there in the new list then apply with the AEO, that's your best bet!!
Application with AEO can be applied irrespective of the NOC being in demand or not & it is also not subject to any cap.