CEC questions for NAFTA holder who travels often

[Danforth]

I moved to Ontario in Oct, 2011 on a NAFTA intra-company transfer. I currently have a WP for 3 years. My employment contract is, however, listed as indefinite. I have worked for this company in the US since 2006.

I've previously had FSW applications rejected twice for various technicalities (improperly filled out paperwork, insufficient job description, etc), in 2008 and 2010.

This time around, I plan to file under the CEC new revised rules in 2013. I did have a few questions I couldn't figure out based on the documentation so far.

1) I am currently on a NAFTA WP that is LMO-exempt. Does this mean that I can file the CEC application without an LMO?

2) I travel a lot for work. I am actually posting this from Ireland. About 70% of my work is actually done in Canada, the remaining 30% is in the US, or other countries (like Ireland). Does this mean I have to stay an additional 30% longer to qualify for the CEC? That is to say, does my work on behalf of a Canadian employer, but actually executed outside of the county count toward the requirement? I suspect it doesn't and I will need to actually calculate all of the days I was out of the country and document those to be sure that I meet the requirements. After my previous rejections due to insufficient documentation, etc, I am leaning toward actually doing a day-by-day documentation of EVERY business trip and holiday (about 35 of them). Is this really necessary? Do paid vacations count against my time, provided I stayed in the country (I currently get 6-8 weeks of vacation per year, as well)?

3) If I am living and employed in Canada, do I require proof of funds?

4) So that I can best plan my work permit, etc, what is the best estimate of processing time after the 2013 changes? Is it expected to be shorter, or has the backlog not cleared substantially? I see processing times for CEC being 14 months. I see much less than that on the US Visa office processing times (28 weeks ~ 6 months). I don't even see the office in Buffalo on the lists, which is where I thought US Citizens had their applications processed.


Anyway, any clarity someone can provide would be much appreciated.

Thanks!

 

[Danforth]

Reading down the forum a bit, I am seeing applications from February 2012 already approved, so I gather the processing time is more like 8 months. That's good to hear! If that happens, I wouldn't have to worry about renewing my work permit prior to getting PR.

Anyway, thanks in advance for other responses.

 

[jes_ON]

1) I am currently on a NAFTA WP that is LMO-exempt. Does this mean that I can file the CEC application without an LMO?

LMOs are required for most work permits, however they are not a requirement for permanent residence applications. CEC does require that your work experience in Canada be performed with proper authorization - since you have a work permit, then you are OK.


2) I am leaning toward actually doing a day-by-day documentation of EVERY business trip and holiday (about 35 of them). Is this really necessary?

You will have to do this anyway for the form titled "Supplementary Information - Travel List."
http://www.cic.gc.ca/english/information/applications/cec.asp


Do paid vacations count against my time, provided I stayed in the country (I currently get 6-8 weeks of vacation per year, as well)?

No, you are still employed while on "paid vacation," you do not need to deduct that time from your experience.

As for your business travel outside of Canada, I don't THINK it will be a problem, but giving yourself extra time won't hurt (and, since you won't be eligible before the rule change, you'll put in the extra time anyway).

We will have to wait until January to see exactly how the new rules will be formulated...


3) If I am living and employed in Canada, do I require proof of funds?

CEC class applications do not require proof of funds.

4) So that I can best plan my work permit, etc, what is the best estimate of processing time after the 2013 changes? Is it expected to be shorter, or has the backlog not cleared substantially? I see processing times for CEC being 14 months. I see much less than that on the US Visa office processing times (28 weeks ~ 6 months). I don't even see the office in Buffalo on the lists, which is where I thought US Citizens had their applications processed.

The Buffalo office was closed on May 29, 2012.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob425.asp

For US citizens/residents as well as those residing in Canada, the visa office now responsible for PROCESSING the application is CPP-O (Ottawa). However, you initially submit your application to CI0-Sydney.

This information is up-to-date in the CEC instruction guide.

As for processing times, I'm not aware of any of us that crystal balls

 

[Danforth]

Jess,

Thank you so very much. I was under the impression there was some benefit (even with the CEC) of having arranged employment. If this is not the case, then that's great, less paperwork for me and my employer!

Thanks!

 

[Danforth]

You will have to do this anyway for the form titled "Supplementary Information - Travel List."

Oh my god... I had no idea...

for the last 10 years?



I was crossing the border weekly for a time...

That's going to take me five sheets of paper, at least... joy.

 

[Danforth]

Wait... there is NO WAY I can remember all of my trips back and forth between the US and Canada. I've had at least 20 this year...

Yikes, what is the level of accuracy required here? Do they reject applications for missing dates?

 

[jes_ON]

Ah, you know, actually - I didn't have to do this form (lucky you, it was just added to the CEC application process this year) and it's never been clear to me how you are supposed to handle this (esp. if you're hopping between your country of citizenship and country of residence, as in the special case of US-Canada border crossings).

Suggest you call CIC (but call them more than once to make sure you get the same information more than once).