Criteria for Skilled worker - previously rejected

[Beakster]

Hi,

I am a Software Developer working in Canada, from the UK. I applied for PR back in Dec 09. It was rejected in April 2010 because I was on the Bunac Working Holiday permit and they said:

"Although you have indicated that you have Arranged Employment, there is insufficient evidence on file that the type of work permit you hold meets the requirements of R82(2)a or the exemption requirements of R82(2)b. Your application is therefore not eligible for processing under the Arranged Employment criteria."

I had been in the country for about 4 months at that point and they said:

"There is insufficient evidence on file that you are legally residing in Canada either as a Temporary Foreign Worker for at least one year or as an International Student for at least one year, immediately before submitting your application. "

So I have 2 questions.

1) Can I reapply now that I have been here for over 1 year? Or has that criteria been removed?

2) I am now no longer on the working holiday work permit, I have a work permit specific to my job. I did not need an LMO to obtain it as my job as a Software Developer was LMO exempt. But it seems this changed in September and is no longer exempt.

The page here: apply-who-employment.asp says "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"

Now, I WAS in an exempt category when my work permit was granted, but it seems I no longer am. Does this mean I'd need an LMO to apply for permenant residency? And if so how can I obtain one? To get an LMO a company must apply for one within a certain number of days of advertising the position and I started work for them back in October 2009. So they'd need to fire me, advertise my position and re-hire me provided they didn't find anyone better just so I could get an LMO?

Thanks

 

[Beakster]

bump

 

[Pippin]

I have been fiendishly trying to find reference to back up my recollections, but can't find it. I have emailed a friend to see if she has it...anyway, I do remember that the exemption from getting an LMO expired on 30 September 2010, but there was something about it being extended in some specific IT jobs in BC. I do not know which province you are working in. Even if you are not in BC, it would make sense that if you got that job when it was not necessary to have an LMO, the expectation is that you work for a 12 month period to get Canadian Experience, which you did, so it doesn't make a lot of sense that the job you held now has to be advertised??? I am DEFINITELY NOT an expert, I am just telling you what I recall. Have you asked this question on the Cohen website? It is specific enough that it would be worthwhile to get some good legal advice on how to proceed. What do the SENIORS advise? Sorry I can't be more specific, but I will repost if my friend comes up with the goods. Good Luck!

 

[Pippin]

Well the info I was thinking of arrived this morning. I hope it will be of some assistance.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob225A.asp

Operational Bulletin 225A -
September 30, 2010

Modified processing instructions for Information Technology work permit applications (software pilot) received prior to October 1, 2010

Update: Facilitated process to remain in place for British Columbia and Quebec.

Purpose

As a follow-up to Operational Bulletin 210 – End of Simplified Entry Process for Information Technology (IT) specialists – Temporary Foreign Worker (TFW) Program – published June 4, 2010, the purpose of this bulletin is to provide guidance to officers processing work permit applications received prior to October 1, 2010, when the national Labour Market Opinion (LMO)/software pilot will be cancelled.

Background

On May 20, 2010, Human Resources and Skills Development Canada/Service Canada (HRSDC/SC) issued a notice for employers that the simplified entry process for certain IT occupations will end on September 30, 2010, and that effective October 1, 2010, employers who wish to hire TFW previously eligible for IT facilitated processing will be required to apply for an LMO.

Note:
For employers wanting to hire foreign workers for positions in Quebec or British Columbia, the facilitated process will remain in place until further notice.

Work permit applications received prior to October 1, 2010

Under the simplified entry process, the national LMO will remain in place for seven specific IT occupations identified at www.cic.gc.ca/english/work/special-tech.asp up to and including September 30, 2010.

Work permit (WP) applications received at a Citizenship and Immigration Canada visa office or at the Case Processing Centre in Vegreville, or requests for WP issuances received by Canada Border Services Agency at a port of entry prior to October 1, 2010, will not need to be accompanied by an LMO.

Limiting the duration of WPs issued prior to October 1, 2010

Requests for an extension of a WP or a new WP application that has been filed prior to October 1, 2010, if approved, will allow a maximum duration of one year from the date of issuance of the WP.

WP applications received on or after October 1, 2010

Effective October 1, 2010, WP applications received for the seven specific IT occupations that were previously under the facilitated process will require an LMO.

Note that until further notice, the change does not apply to Quebec. Additionally, from October 1, 2010, until March 31, 2011, employers interested in hiring TFW for positions located in British Columbia and in one of the seven occupations covered under the information technology facilitated process will be required to first notify SC and the Ministry of Advanced Education and Labour Market Development (AELMD) of their offer of employment before proceeding to have the foreign workers apply to CIC to obtain a WP.

For more information, see the Notice for employers on the HRSDC website:
www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/
communications/ITendNotice.shtml

WP durations will be in accordance with the requirement stated within the LMO.