CEC - Currently unemployed - Possible new job

[a_p]

Hi everyone, I'm looking for some advise on the best way to get my wife PR in Canada.

I am a Canadian citizen, working in Toronto. She is an American citizen, who has worked in Canada for a little over 3 years with 1 year professional work permits (she's an Architect). She was laid off last spring, and has been on EI since then. She's currently in a position where she may have another job on the table.

From what I can gather on this site, CEC would be the FASTEST way for her to get PR, as she has 2 years of Canadian work experience in the past 3 years, and her profession qualifies. My question is around what should she ask of her next employer... another 1 year work offer, or a permanent offer (which they're willing to do)? If permanent, how would she approach this situation at the border? (In the past we've just driven to Niagara and turned around to do her paperwork on the Canadian side).

The last time we went, they asked outright why we hadn't applied for PR yet... truth of the matter is, laziness ;D. I'd like to get this done right once and for all so that we can continue our lives together and have her properly on the way to citizenship.

Any help would be GREATLY appreciated.

Thanks!

 

[jes_ON]

Yes, CEC is most likely the fastest way to get PR. Least paperwork, too. But she should get the application in soon, before the anniversary of being laid off, otherwise she may not meet the "in the past 3 years" requirement.

As for the rest, I think what you're saying is that her current work permit will expire? or has it already? Also curious - why were the TWPs for just 1 year?

As for getting another TWP - that's a trickier question, because now you need another LMO. If she has a permanent offer, that opens up options under the FSW program, but it's not going to be faster (and the application is a royal PITA). And if the issue is getting a new TWP it won't help there either. On the other hand, by all means, try to get a job offer of 2-3 years so you can get a longer TWP. If you get the PR application in now, the process SHOULD be complete in a year from now, but there's no guarantee.

BTW - no more laziness! Proposed rules are on the table to limit the number of TWPs - you either get PR or you HAVE TO leave.

 

[a_p]

Thanks for the feeback! I'll get the CEC papers going... no laziness this time.

My question is more around, if I've already put in her papers for CEC, and she gets a new job... she should just get a full-time offer, correct? Then go to the border, and get another work permit just until the CEC PR comes through?? That's the part I'm caught up on... because as it is, we're married, we have no intention of moving to the U.S. in the next few years at least, and just need to get her "legit" so she can shop for jobs and continue her career.

Does that make sense?? LOL, sorry for being so convoluted..

 

[PommeDeRoute]

Hi,

Why not just sponsor her? Fewer hoops to jump through...http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

 

[a_p]

Sponsorship seemed like MORE hoops to jump through, plus longer wait time, plus advisement not to leave the country (which isn't really an option as all her family is in the U.S.). Am I missing something?

 

[jes_ON]

I agree, family sponsorship is MORE hoops than CEC, takes longer.

CEC is completely separate from job or work permit. Doesn't matter (caveat to come) if you submit that or not, or when. But of course she can't work until she either gets PR or ... a work permit.

You didn't answer about the expiry of most recent work permit. It matters.

Not really sure what you're asking. If you have the job offer and LMO you can get the permit at the border, yes.

But it's not just the job offer. The employer has to get the LMO too. That's the hard part these days. Unless the occupation is one of the few that is NAFTA-exempt, the employer has to prove that they tried to hire a Canadian but couldn't find one who was qualified. That takes the full recruitment effort (advertising etc) and then an application for a LMO -Labor Market Opinion, where Service Canada rules on whether or not you're taking a job away from a Canadian.

IF you get a positive LMO, then you can apply for a work permit. Permanent position, temporary/term contract, doesn't matter.

EXCEPT. Here's the caveat.

For a PERMANENT job offer, the employer is supposed to apply for an AEO, not an LMO, and then the worker is supposed to apply for PR thru the Federal Skilled Worker program (under which they cannot work until they get PR). LMO is for temporary work permits.

It is unclear to me if you can get an LMO if the employer says the intent is for "permanent."

In any case, you / your wife cannot apply for the LMO. The employer has to do it.

 

[a_p]

That's some great info right there; thanks!!

She is an architect, which I believe is part of those NAFTA jobs. She's never had to get an LMO before, just the 1 year temp offers from her employers, and a quick drive to Buffalo and home again. Her most recent work permit was granted March/09, and unfortunately she was laid off just a month later in April/09. She's been collecting EI since then looking for work, and this permit expires in March/10.

So what I'm thinking here... is I'll get her paperwork going on CEC. My concern though is the past year is going to show "unemployed" under that "what the heck are you doing now" column. Nevertheless, she still meets the 2 out of 3 years work experience.

What my question is,.. should she receive a job offer as an architect in the next couple weeks... should she ask for a full-time job offer, and then take that to the border saying that she's currently in the application process for CEC and ask for an open-ended work permit, or is it better to get another 1-year offer, and again just state that she's in the application process for CEC.

Thanks again everyone!!

 

[jes_ON]

OK, yep, NAFTA-exempt from the LMO. Seems like everyone from the US is NAFTA-exempt but me, darnit!

RE new work permit - I'm not aware of how she might be eligible for an "open" work permit. Suggest trying to get one for longer than 1 year, tho, just in case it takes longer than that to process the PR application. TWP is avail. for 3 years maximum.

http://www.cic.gc.ca/English/resources/manuals/fw/fw01-eng.pdf

RE eligibility for CEC - just be VERY CAREFUL about meeting the 2 years of full time employment in the preceeding 3 years.

CEC defines that as a min. of 37.5 hours per week, for 104 weeks. Check her contracts and see what they say, because that is what CEC will go by.

Ontario's definition of "full time" is something like 30 hours per week, so a lot of folks in Ontario can get caught by that. For example, I actually have to work the 2 years + 3 months before I can apply - my contract says 33.75 hours per week (tho I actually work a lot more than that, 40 hrs +, like most professionals).

 

[jes_ON]

BTW - CEC doesn't care about the unemployment, you do not need to be employed at the time you apply for CEC. Don't worry about that.

 

[a_p]

Thanks for all your help! I've actually started putting together the paperwork, so the laziness is starting to wear off!!

Another thing is now going through family/spouse information, I'm assuming I don't need to enter anything there other than n/a?? I am Canadian born, living in Canada my whole life. We have no children, and she has no other dependents. They don't actually want my photo, etc. do they??

 

[jes_ON]

Oh, heck yeah. They want your photo, your PCCs, etc. Follow the check list and give them everything they ask for. (You would have to do it for family sponsorship too.) First things first - apply for the PCCs (police clearance certificates), they will take the longest... even the FBI is a hassle since the Christmas day bombing attempt...

But yeah, anywhere there is family info that does not appy, be sure NOT to leave it blank, an N/A will keep the the application from being returned... Silly eh?

 

[a_p]

That's absolutely ridiculous!! I will go through it all a little more carefully now while filling it out, but really... I mean I was born in Canada, I've lived here my whole life, my record is clean... even if they didn't like me, it's not like they could deport me,.. and more so, why should her PR in Canada have any dependence on it?

If we got divorced, would they make her leave? LOL!

 

[jes_ON]

No doubt - the instructions certainly were not intended for those married to Canadian citizens At least you haven't lived anywhere else, YOU don't have to worry about PCCs. Seriously - FBI is backlogged 2-3 months, so get that application in for your wife ASAP.

Might TRY to get advice from CIC or CIC Buffalo - it's hard to get them to answer questions, but it's worth a try. Or ask for help from PMM on this forum...

 

[a_p]

Okay I'm back again So I'm still going through these forms, got the template for the fingerprints for the FBI, going this weekend to get my wife fingerprinted at the local police station hopefully and get those submitted.

For ME, I don't need to worry about any of that stuff from here, right? It looks like I have to do a statutory declaration myself, etc... I'm seriously amazed by this.

If I was to hire someone in the Toronto area to help me put this together, how much (roughly) should I expect to be charged? I can't imagine not screwing this up if I go at it alone, lol.

Thanks,

 

[a_p]

Aaaanyone??