Dear all,
I need your advice on the following problem please:
- I am in Canada since May 2008 on a Working Holiday Visa.
- Today my visa expires.
- But since my eployer applied for an LMO and I applied for a work permit I'll be legally in Canada under IMPLIED STATUS until a decision is made. (We expect a decision at the end of June 2009)
- I applied for PR in August 2008 in Berlin, Germany BEFORE the ministerial instructions were given.
- Therefore I used the simplified process application.
- I was NOT eligible under the Ministerial Requirements when I applied for PR.
- my file was transferred from Berlin to Sydney, NS in March 2009
- I havent heard from them since.
As of TODAY I am fulfilling the Ministerial Requirements and I would like to update my application now in order to be assessed under FSW Cat 3 (1 year working and residing in Canada):
"Applicants under the International Youth Program are eligible under the Instructions if they have been working in Canada for a year and are still residing in Canada."
and
"When you determine if someone was a TFW or an International Student continuously for at least one year, you may find that there were short breaks in employment or studies, e.g. between jobs, courses or during breaks in the academic calendar. Such breaks do not make applicants ineligible to have their applications placed into processing."
and
"Exceptions ... apply to applications received between February 27, 2008, and November 28, 2008. Someone who meets the requirements of the Ministerial Instructions today, but did not meet them on the application received date, should be assessed in relation to today’s date and not the application received date. For someone who met the requirements as of the application received date, but no longer meets them, the reference point should be the application received date. The rule of thumb is to apply the requirements in a manner that favors the client. Clients could not self screen before the Ministerial Instructions were made public."
+++++
SO FAR SO GOOD - BUT:
Since I am currently waiting for my LMO and WP decision I might have to leave Canada by the end of June if the LMO and WP get denied. That would mean that - even though I fulfilled all requirements above - I would not reside legally in Canada anymore!!!
My ecas status says currently that CIU Sydney received my application. They have NOT PUT IT IN PROCESS YET!!!
Do you think I should send
a) a letter to CIU Sydney asking them to assess my case under the stated exception since I fulfill the ministerial requirements now?
b) should I enclose a new FSW Cat 3 application form as attachment to my letter?
c) should I send a copy of this letter to the mission (Berlin) where I originally filed my application to inform them about my update?
d) do you think they would put my case "in process" before end of June 2009? Afterall they have it since March 15th....
e) would I be able to apply for a visitor visa in order to legally stay in Canada until they put my PR application in process?
Afterall I am just trying to comply with the different laws.... If I stay in Canada to comply with the PR requirement - I'll be illegally here. If I leave Canada to comply with the Work Permit decision (if it gets denied) I'll loose my eligibility for my PR application.
THANKS SO MUCH FOR YOUR EFFORT AND ENERGY HELPING ME AND EVERYBODY ELSE IN THIS FORUM!
Brigit
I need your advice on the following problem please:
- I am in Canada since May 2008 on a Working Holiday Visa.
- Today my visa expires.
- But since my eployer applied for an LMO and I applied for a work permit I'll be legally in Canada under IMPLIED STATUS until a decision is made. (We expect a decision at the end of June 2009)
- I applied for PR in August 2008 in Berlin, Germany BEFORE the ministerial instructions were given.
- Therefore I used the simplified process application.
- I was NOT eligible under the Ministerial Requirements when I applied for PR.
- my file was transferred from Berlin to Sydney, NS in March 2009
- I havent heard from them since.
As of TODAY I am fulfilling the Ministerial Requirements and I would like to update my application now in order to be assessed under FSW Cat 3 (1 year working and residing in Canada):
"Applicants under the International Youth Program are eligible under the Instructions if they have been working in Canada for a year and are still residing in Canada."
and
"When you determine if someone was a TFW or an International Student continuously for at least one year, you may find that there were short breaks in employment or studies, e.g. between jobs, courses or during breaks in the academic calendar. Such breaks do not make applicants ineligible to have their applications placed into processing."
and
"Exceptions ... apply to applications received between February 27, 2008, and November 28, 2008. Someone who meets the requirements of the Ministerial Instructions today, but did not meet them on the application received date, should be assessed in relation to today’s date and not the application received date. For someone who met the requirements as of the application received date, but no longer meets them, the reference point should be the application received date. The rule of thumb is to apply the requirements in a manner that favors the client. Clients could not self screen before the Ministerial Instructions were made public."
+++++
SO FAR SO GOOD - BUT:
Since I am currently waiting for my LMO and WP decision I might have to leave Canada by the end of June if the LMO and WP get denied. That would mean that - even though I fulfilled all requirements above - I would not reside legally in Canada anymore!!!
My ecas status says currently that CIU Sydney received my application. They have NOT PUT IT IN PROCESS YET!!!
Do you think I should send
a) a letter to CIU Sydney asking them to assess my case under the stated exception since I fulfill the ministerial requirements now?
b) should I enclose a new FSW Cat 3 application form as attachment to my letter?
c) should I send a copy of this letter to the mission (Berlin) where I originally filed my application to inform them about my update?
d) do you think they would put my case "in process" before end of June 2009? Afterall they have it since March 15th....
e) would I be able to apply for a visitor visa in order to legally stay in Canada until they put my PR application in process?
Afterall I am just trying to comply with the different laws.... If I stay in Canada to comply with the PR requirement - I'll be illegally here. If I leave Canada to comply with the Work Permit decision (if it gets denied) I'll loose my eligibility for my PR application.
THANKS SO MUCH FOR YOUR EFFORT AND ENERGY HELPING ME AND EVERYBODY ELSE IN THIS FORUM!
Brigit