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Viter

Newbie
Oct 16, 2009
9
0
Here http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp I found out that there are 3 possibilities to be eligible for FSW application.

* have an offer of arranged employment, OR
* be a foreign national living legally in Canada for one year as a temporary foreign worker or an international student, OR
* be a skilled worker who has at least one year of experience in one or more of the following occupations:

However, I am bit confused. The first criteria says that it's enough to have an "offer" for work to be eligible for FSW application. But, on the other hand, the second criteria says that I am not eligible for FSW if I work less than one year in Canada.

For example I got an offer (I am eligible for FSW application), than I started to work in Canada (I am not eligible anymore) and than, after one year of working in Canada I am eligible again? Sounds strange. Can anybody, pleas, point me out what I did not get?

Thank you in advance.
 
Each one of them is separate from the other, you do not have to meet all of them (the three categories) one is enough, you don't fall under category 3 as you stated,and you have a job offer letter from your employer states that he is going to hire you permanently when you get your permanent residence status,that is it.

you are not eligible under category 1
you are not eligible under category 3 as well
you are eligible under category 2( arranged employment offer)

Just make sure that you have the following documents before you submit your application to the CIO, nova scotia in order for you to be eligible under category 2 and to avoid the rejection:

If you are currently working in Canada under a work permit, provide:
• a photocopy of the permit, and
• a letter from your employer indicating that you will be employed indeterminately
upon receiving permanent resident status.

By the way what is your NOC ? (job code and title) and which kind of work permit do you have ?
 
you are not eligible under category 1
you are not eligible under category 3 as well
you are eligible under category 2( arranged employment offer)
Sorry, but I am a bit confused. Category 1 is "offer of arranged employment" and category 2 is "be a foreign national living legally in Canada for one year as a temporary foreign worker or an international student". So, you probably wanted to say that I am eligible under category 1 and not eligible under category 2?

At the moment I do not have a job offer and I am not working in Canada. I am physicist (master degree) and I have a Doctor degree in computational chemistry and I am doing my postdoc in theoretical biophysics. So, I though that I probably can be qualified as geophysicist (#2113). Probably not...

Anyway, even if I am not in the list of occupancies (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp). I still have 2 options. The first one is to get a "job offer of arranged employment" and having this offer to apply for the FSW immigration program. The second option would be to get an offer from Canadian employer, pass LMO (labor market opinion), enter Canada as temporal worker, work there for more than one year and then to apply for the FSW immigration program.

The thing that I do not understand (and it was actuality my question). Why having an offer I can apply for the FSW immigration program but I cannot apply if I am already working (for less than one year)? This is strange to me. Just an offer seems to be better than, let say, 3 month of work in Canada. How it is possible?
 
At first the categories are organized as following:

"•Category 1: For persons in an occupation which corresponds to the list of occupations identified in the Ministerial Instructions and have evidence of one year of continuous full-time (or full-time equivalent) experience in that occupation;

•Category 2: For persons who have arranged employment offer with a Canadian employer; or

•Category 3: For students or workers who are legally residing in Canada, and have done so for at least 12 months immediately before submitting their application."


Have a look at the link :

http://www.cic.gc.ca/english/information/applications/skilled.asp


secondly:

As i told you each one of the three categories is seperate from the others. they don't consider or give any one of them more priority than the other but people have different situations, that is why they give three options for the FSW class.

Going back to your point; the difference between category 2 and three (arranged employment) and (people who have been working or studying in canada for at least one year) is in the requirement documents that you have to submit and your current situation.

some foreign workers who have been living in canada for more than one year with positive(LMO), cannot get a permanent job offer from their employers, that is why CIC made a seperate category for them which is category (3), so that, in order for them to be qualified, they have to send documents prove that they have been working legally in canada for at least one year,and in this case no (Arranged employment opinion)(AEO) is required, just a copy of their work permit and letter from their employers confirmS their period of work at their companies.


some other people who have been legally working in canada for one year or more are LMO exempted such as (post graduate work permit, dependents work permit,...and so on. Therefore, they can apply under category (3) without both, (LMO) or (AEO).

Category 3 was made to serve people who are already working or studying in canada legally for at least one year and not for people who live outside canada and thinking to come to canada to stay one year and then apply under FSW.

you need to understand that LMO- (labour market opinion) is different than AEO- (arranged employment opinion),
LMO is for people who wnat to come to canada as a temporary foreign workers and not as an immigrants, or for people who is currently working in canada and need to renew their work permits.
Arranged employment opinion is for people who intend to immigrate to canada and does not support getting a work permit at all.

If someone is working legally in canada for less than one year but he has a permanent job offer, he can apply right away to immigrate under category (2),

If someone is working legally in canada for one year or more and he doesn't have a permanent job offer, he can apply to immigrate under category (3)

If someone is working legally in canada for one year or more and he has a job offer as well, he can apply under any one of the two categories (2) or (3) it is up to him.

If someone has been working or studying in canada for less than one year and he doesn't have a permanent job offer, or his job title doesn't fall under one of the 38 list of jobs, he will not be eligible to apply under the FSW category 3 (which is his only choice) before reaching one year in canada.

Getting work or study permit visas alone does not give any one the eligibility right away to apply under category 3, otherwise, all people around the world would apply to get those temporary visas and apply right away under category 3 becuase they have just got the status as a temporary residents of canada and then, leave canada for example after 1 or two months !!

That is why CIC made it one year, just to make sure that the person (who doesn't fall under the two other categories 1 and 2) was a bona fide student or foreign worker at that period of time and not only because he has got the temporary resident status recently.
 
I have a question. I am on Post Grad Work Permit. I am eligible to apply under Cat 3. However its not possible for me to show 6 months of statements showing 11k as proof of funds. So even if I apply under Cat 3, I will get stuck with the funds issue.
Now if I get a job in my field, can I apply under Cat 2 which doesnt require proof of funds.
Can a job under post grad work permit comes under AEO?
If not, what should I do to get it done that way?
Please help me with this doubt.