What is counted as AEO exempt for FSW (post-6.26)?)

[shankqiu]

Hi,

My situation is:

1. Working on a TWP in Canada now. It's expiring in 8 months.

2. The TWP was obtained via the IT Program, so no LMO was required. (but the IT Program has stopped on Oct.1)

3. My current job has a permanent offer.

4. Just filed an FSW cat 2 application to CIO in Sept (after Jun.26, before Oct.1).


My question is:

Do I qualify for the FSW Cat 2?

Since I didn't need LMO for my TWP, do I need to obtain AEO for the current job?

Thanks in advance!

Cheers!

[shankqiu]

(2) the applicant is currently working in
Canada pursuant to R82(2)(b):
• in a confirmation-exempt category
under the North America Free Trade
Agreement, the General Agreement
on Trade and Services, or the
Canada-Chile Free Trade
Agreement;
• in a significant-benefit category,
such as an intra- company
transferee
• in the category where limited access
to the labour market is granted for
public policy reasons (i.e., postgraduate
work, spouse/common-law
partner of temporary skilled
worker/foreign student, etc.).

I think the IT program should fit in the second dot (in a significant-benefit category)?

[shankqiu]

any one?

[jes_ON]

any one?

I agree that you qualify, and you do not need an AEO (your current employer cannot get one for you).  However, your bigger problem is that your work permit is expiring in 8 months.  The SW2 category requires that your work permit remain valid up until the time you actually receive the PR visa.  Given current processing times, I doubt you will have your PR visa in 8 months.

Which means, since you are no longer LMO exempt, your employer would have to obtain an LMO approval for you before being able to renew your work permit.  This may be difficult, as they would have to demonstrate that they are unable to find a qualified Canadian to do the job...

Just a thought, if you have been working in Canada for at least 2 years, you may want to consider the CEC program as an alternative - with CEC, once you apply, it doesn't matter if you stay in Canada or not... and you can apply to both programs. 

[ylubme]

How is your case going? I'm in a very similar circumstance...

Hi,

My situation is:

1. Working on a TWP in Canada now. It's expiring in 8 months.

2. The TWP was obtained via the IT Program, so no LMO was required. (but the IT Program has stopped on Oct.1)

3. My current job has a permanent offer.

4. Just filed an FSW cat 2 application to CIO in Sept (after Jun.26, before Oct.1).


My question is:

Do I qualify for the FSW Cat 2?

Since I didn't need LMO for my TWP, do I need to obtain AEO for the current job?

Thanks in advance!

Cheers!