Skilled Worked Application, Category 2 - Country of Residence?????

[Beakster]

Hi,

I am currently working in Toronto on an Open Temp Work Permit I got through Bunac. It expired end of August 2010 and I would like to stay past that time so I am applying for Permanent Residence under the Federal Skilled Worker Class.

I have some questions and I have found the people in the call centre to be useless for answering them, so hoping you guys can help

So my situation is that I am a Computer Programmer, I came here in August and spent some time finding work. I am now in a good job with a big international company here in Toronto. I have a job offer for the job I am in so I would like to apply for the Skilled Worker visa under Category 2.

From IMM EG7000 PDF page 4

"you have an offer of arranged employment in Canada. The employment offer should be:
-in writing,
- indeterminate in duration, and
- meet the arranged employment factor described in this guide."

So my offer is in writing and indeterminate in duration. When I follow the link to the guide it takes me to page 14, where they have 3 categories, each worth 10 points. But you can only get a maximum of 10 points for the section, so only one needs apply.

The first says "If: You are currently working in Canada on a work permit" And:

Your work permit is valid when you apply for a permanent resident visa and
 Your employer has made an offer to give you a permanent job if your application is successful.
Note: Your work permit must be valid at the time your permanent resident visa is issued.

Now I believe I match this exactly so I wasn't worrying. I got a copy of my job offer ready to send off with my forms. However, I got worried when I saw the document checklist IMM 5612. As under the category 2 section it asks for:

- A photocopy of your work permit if you are working in Canada currently. (No problem its the one I got through Bunac and is in my Passport).. and
-a photocopy of the HRSDC/Service Canada confirmation letter (Arranged Employment Opinion) which was sent you your employer. (Problem)

I don't have such a letter. I did some investigation and discovered that to get this my employer must apply for it and it takes 10 weeks. So this makes me wonder if I need it or not as I would like to start this application process as soon as possible.

So the question is.... do I need to get this HRSDC letter before I can submit my visa application?

Thanks

 

[ELAR]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

Hi,

I am currently working in Toronto on an Open Temp Work Permit I got through Bunac. It expired end of August 2010 and I would like to stay past that time so I am applying for Permanent Residence under the Federal Skilled Worker Class.

I have some questions and I have found the people in the call centre to be useless for answering them, so hoping you guys can help

So my situation is that I am a Computer Programmer, I came here in August and spent some time finding work. I am now in a good job with a big international company here in Toronto. I have a job offer for the job I am in so I would like to apply for the Skilled Worker visa under Category 2.

From IMM EG7000 PDF page 4

"you have an offer of arranged employment in Canada. The employment offer should be:
-in writing,
- indeterminate in duration, and
- meet the arranged employment factor described in this guide."

So my offer is in writing and indeterminate in duration. When I follow the link to the guide it takes me to page 14, where they have 3 categories, each worth 10 points. But you can only get a maximum of 10 points for the section, so only one needs apply.

The first says "If: You are currently working in Canada on a work permit" And:

Your work permit is valid when you apply for a permanent resident visa and
 Your employer has made an offer to give you a permanent job if your application is successful.
Note: Your work permit must be valid at the time your permanent resident visa is issued.

Now I believe I match this exactly so I wasn't worrying. I got a copy of my job offer ready to send off with my forms. However, I got worried when I saw the document checklist IMM 5612. As under the category 2 section it asks for:

- A photocopy of your work permit if you are working in Canada currently. (No problem its the one I got through Bunac and is in my Passport).. and
-a photocopy of the HRSDC/Service Canada confirmation letter (Arranged Employment Opinion) which was sent you your employer. (Problem)

I don't have such a letter. I did some investigation and discovered that to get this my employer must apply for it and it takes 10 weeks. So this makes me wonder if I need it or not as I would like to start this application process as soon as possible.

So the question is.... do I need to get this HRSDC letter before I can submit my visa application?

Thanks

Hi Beakster, I am exactly on the same case but my offer is HRSDC exempt under NAFTA international agreement. This trade just apply for USA and Mexico, are you from any of these countries?. Futhermore, there are some jobs that are exempt from HRSDC opinion. Try to read closely at www.cic.gc.ca regarding to this matter. Hopefully this helps, maybe some of the seniors could reply about it as I am interested to confirm my thoughts.

 

[Beakster]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

I am from the UK. After searching the forums it seems that:

If I am in Canada on a Temp Work Permit, then the job offer doesn't have to be confirmed by HRSDC. Is this correct?

 

[ELAR]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

Yes (according to factor 5 and link below) . However, you must be legally admitted for at least 1 year if you intend to apply within Canada (which is not your case). I don't know whether you may apply in London, UK with your work permit validity.

Factor 5
Arranged employment
(maximum of 10 points)Determine your points based on the chart below:

If: And: Points
1. You are currently working in Canada on a work permit. Your work permit is valid when you apply for a permanent resident visa and;
2. Your employer has made an offer to give you a permanent job if your application is successful.
Note: Your work permit must be valid at the time your permanent resident visa is issued.

http://www.cic.gc.ca/english/information/applications/guides/EG72.asp#factor5

 

[Beakster]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

ELAR, Thank you very much for the answer. I believe I can apply within Canada, but it has to go to the London office. I think I will try and call them tomorrow.

Further questions...

1) "Your work permit must be valid at the time your permanent resident visa is issued."
I have no idea how long it will take for the PR Visa to be issued, what happens if my TWP expires the day before the issue the PR Visa? Is it OK for me to get a different TWP a month or so before mine runs out so I am still covered by some TWP (although not the original one I had when I applied)?

2) The document check IMM5612 which I need to submit as a cover sheet with the application has a box for the Confirmed by HRSDC job offer. As my job offer is not confirmed (and doesnt need to be) should I tick this box? Should I include a copy of the offer? Should I write a letter to explain?

3) The wording on my job offer says "I am pleased to extend you a permanent offer of employment.......Your permanent hire date would be effective December 1, 2009, however since you began working for our organization earlier, we will recognise your original contract hire date of October 1, 2009 for the purpose of probation, benefits and service". So I have already accept this indefinite offer of a permentant job and I'm already doing it. Will this cause problems by not explicitly stating that they will give me the job only if my application for PR is successful? "Your employer has made an offer to give you a permanent job if your application is successful. "

Thanks

 

[ELAR]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

ELAR, Thank you very much for the answer. I believe I can apply within Canada, but it has to go to the London office. I think I will try and call them tomorrow.

Further questions...

1) "Your work permit must be valid at the time your permanent resident visa is issued."
I have no idea how long it will take for the PR Visa to be issued, what happens if my TWP expires the day before the issue the PR Visa? Is it OK for me to get a different TWP a month or so before mine runs out so I am still covered by some TWP (although not the original one I had when I applied)?. R. I guess so, my work permit expires on January 2011 and I was thinking on doing it this way. Nothing to loose, in fact there is no other option available anyways.

2) The document check IMM5612 which I need to submit as a cover sheet with the application has a box for the Confirmed by HRSDC job offer. As my job offer is not confirmed (and doesnt need to be) should I tick this box? R. Yes, thick it. Should I include a copy of the offer? R. Yes. Should I write a letter to explain?. R. Yes, you should. Try to make it the clearest as possible to the officer.

3) The wording on my job offer says "I am pleased to extend you a permanent offer of employment.......Your permanent hire date would be effective December 1, 2009, however since you began working for our organization earlier, we will recognise your original contract hire date of October 1, 2009 for the purpose of probation, benefits and service". So I have already accept this indefinite offer of a permentant job and I'm already doing it. Will this cause problems by not explicitly stating that they will give me the job only if my application for PR is successful? "Your employer has made an offer to give you a permanent job if your application is successful. "
R. Yes, maybe can cause problems. I asked my employer to add exactly the statement contained in CIC web page. The statement should be something like "Mr. X will be employed full time, permanent basis upon receiving approval of your permanent residence status."


Thanks

 

[jes_ON]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

2) The document check IMM5612 which I need to submit as a cover sheet with the application has a box for the Confirmed by HRSDC job offer. As my job offer is not confirmed (and doesnt need to be) should I tick this box? Should I include a copy of the offer? Should I write a letter to explain?

First, make sure you have the most recent version of the checklist IMM5612E (09-2009).
http://www.cic.gc.ca/English/pdf/kits/forms/IMM5612E.PDF

It is pretty clear that item 9 asks for the letter of the job offer, PLUS one of the following: (a) a copy of the work permit OR (b) the HRSDC confirmation. You must submit one of the two, so YES, you check the box. No need to write a letter.

 

[Beakster]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

It is pretty clear that item 9 asks for the letter of the job offer, PLUS one of the following: (a) a copy of the work permit OR (b) the HRSDC confirmation. You must submit one of the two, so YES, you check the box. No need to write a letter.

Fantastic, yes, that makes sense. Thanks. A couple more questions now...

On Schedule 3....
Question 3, it says "Do you have an offer of employment in Canada approved by Human Resources Development Canada?" And gives space to write details of the employer and job. Should I tick this as yes or no? I don't want them to miss that fact that I am in Category 2. I have a job offer but it hasn't been approved. I'm leaning towards ticking Yes for this box, because I am exempt from needing my offer approved.

Question 4 asks if I'm currently working in Canada, that will be a Yes, but Question 8 asks if I have previously worked in Canada and to provide evidence. What do they mean by previously? If they mean previous to today, then Yes I worked yesterday. but if they mean previous to having this Work Permit I am on now, then it will be No. Any suggestions? They also say "provide evidence"

Question 10, Funds... Can I write N/A in this box? I believe I am exempt from providing proof of funds because I am already in Canada, on a work permit, and established with a house and a job.


On Schedule 1...
Question 5, Your country of residence. Would this be Canada because it is where I am currently residing?
Question 6, Your status in that country. Would that be "Temporary Worker"?

I tried to get this information from the call centre, but they told me to call the visa office in London. After a long phone call on hold I got through to someone who told me they don't answer questions on the phone and that I need to submit an email which will be answered in 5 to 10 working days.

Thanks

 

[ELAR]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

Fantastic, yes, that makes sense. Thanks. A couple more questions now...

On Schedule 3....
Question 3, it says "Do you have an offer of employment in Canada approved by Human Resources Development Canada?" And gives space to write details of the employer and job. Should I tick this as yes or no? I don't want them to miss that fact that I am in Category 2. I have a job offer but it hasn't been approved. I'm leaning towards ticking Yes for this box, because I am exempt from needing my offer approved. R. I ticked YES, and attached an explanation letter confirming that my job offer is LMO exempt. I don't know it was the right move or not, but if I would ticked NO I get the feeling that it might be interpreted as I do not have a permament job offer.
Question 4 asks if I'm currently working in Canada, that will be a Yes, but Question 8 asks if I have previously worked in Canada and to provide evidence. What do they mean by previously? If they mean previous to today, then Yes I worked yesterday. but if they mean previous to having this Work Permit I am on now, then it will be No. Any suggestions? They also say "provide evidence"R. I ticked NO, my interpretation was whether I have had a work permit before my current one. I don't have a previous work permit.

Question 10, Funds... Can I write N/A in this box? I believe I am exempt from providing proof of funds because I am already in Canada, on a work permit, and established with a house and a job. R. This is correct, FSW category 2 is exempt of providing proof of funds. I did just added my current funds. They will know you are exempt anyways


On Schedule 1...
Question 5, Your country of residence. Would this be Canada because it is where I am currently residing?. Only if you are legally admitted in Canada for at least one year immediately before your application (I am not sure when does that year starts to count).
Question 6, Your status in that country. Would that be "Temporary Worker"? temporary foreign worker

I tried to get this information from the call centre, but they told me to call the visa office in London. After a long phone call on hold I got through to someone who told me they don't answer questions on the phone and that I need to submit an email which will be answered in 5 to 10 working days.

Thanks

Beakster as I have seen, we might be the only ones in FSW2, I suggest you to share info among personal emails. What do you think?. This forum has helped me a lot, and many guys are really accurate in their point of views.

 

[jes_ON]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

On Schedule 3....
Question 3, it says "Do you have an offer of employment in Canada approved by Human Resources Development Canada?" And gives space to write details of the employer and job. Should I tick this as yes or no? I don't want them to miss that fact that I am in Category 2. I have a job offer but it hasn't been approved. I'm leaning towards ticking Yes for this box, because I am exempt from needing my offer approved.

If you do not have an HRSDC approval, you MUST check no - because if you check yes, you have to provide the document, which you do not have. If you check yes, your application could be returned for missing documentation.

Look, there are 2 types of Cat 2 applicants -
1) those who are not working/residing in Canada, but get an HRSDC approved job offer;
2) those who are working/residing in Canada on a valid work permit, and have a permanent job offer from your current employer. The letter from your employer is proof that you have a permanent job offer.

Generally, HRSDC approval is for those who are not in Canada. If you are already in Canada on a TWP you do not go through HRSDC. (Rare circumstances - you get a permanent job offer from a DIFFERENT employer - not your current employer).

They will not miss the fact that you are Cat 2, because you meet the other Cat 2 requirements (current TWP, job offer).

 

[ELAR]

I ticked YES and attached an explanation letter of why did I did it. I really don't think it would be an issue.

But anyways, let's see what happens. Thanks for share point of view Jes_ON.

Any other opinions anyone?

 

[Beakster]

Re: Skilled Worked Application, Category 2 - HRSDC Confirmation

Beakster as I have seen, we might be the only ones in FSW2, I suggest you to share info among personal emails. What do you think?. This forum has helped me a lot, and many guys are really accurate in their point of views.

ELAR, yeah that sounds good.

If you do not have an HRSDC approval, you MUST check no - because if you check yes, you have to provide the document, which you do not have. If you check yes, your application could be returned for missing documentation.

I have ticked Yes for this box. I have written a letter which explains that English is my first language, and also covers why I have ticked that box, and a few other things like why I entered "N/A" for funds and that there is an extra sheet attached to cover all my "Activities".

I think that ticking Yes and providing an explanation is the best thing to do because there is nowhere else on the forum to tell them you have a job offer, and without the offer (only the work permit) I would not be in category 2. Anyway, I'm sure the people processing the forms are intelligent professionals who will be able to figure it out either way.

I have also put down Canada for country of residence. I searched the forum and most people say that it means the country you are currently residing in.

I'm going to print everything out at work tomorrow, meet a mate in the pub for dinner who is also doing this so we can compare forms, then post them off the next day. ;D

 

[d-tilley592]

Hello all,

Has there been any further developmenst on this. I'm in similar boat, I'm working in Toronto on a BUNAC visa and my employer wants to make the job permanent so I am about to apply for PR on the skilled workers category. Does my employer have to get an HRSDC LMO or will a job offer letter and my work permit be enough? The CIC is not very clear at all.



Cheers all

 

[d-tilley592]

Hello all,

Just an update but I have just got a message back from the Canadian Immigration in London:


"We regret that temporary work permits issued through BUNAC are not accepted as an avenue towards permanent residence under the Federal Skilled Worker category.

Yours sincerely,



Client Service Unit (LIB)



Immigration and Medical Services Division | Direction de l'immigration et des services médicaux

Canadian High Commission | Haut-commissariat du Canada

38 Grosvenor Street

London, W1K 4AA | Londres, W1K 4AA

United Kingdom | Royaume-Uni"

So I get from this that you have to go through the full process with LMO and all.

I wish they would just spell this out on the CIC website it would save alot of wasted time.

I think I am now going to go through the PNP process in Ontario. Because least that way they can get you a new work permit if your BUNAC one runs out before your PR comes through.

Good luck guys

 

[Beakster]

Skilled Worked Application, Category 2 - REFUSED

Hi,

Well, as d-tilley592 says above, it turns out the Bunac visa is not acceptable. After nearly 3 months, I got my refusal today. I'm very annoyed as it was not clear that a specific type of work permit was required. It now appears that I must change to a different type of work permit and re-apply.

Dear Sir:

We have received your application for permanent residence in Canada in the Federal Skilled Worker Class on 17 December 2010.

The Minister of Citizenship, Immigration and Multiculturalism issued instructions which were published in the Canada Gazette on November 28, 2008. These instructions specify that only applicants who have an offer of Arranged Employment, applicants who are legally residing in Canada for at least one year as a Temporary Foreign Worker or an International Student, or applicants who have work experience in certain listed occupations are eligible to be processed in the Federal Skilled Worker class.

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.

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. Your application has therefore been assessed on the basis of whether you have work experience in the list of occupations eligible for processing. These occupations are identified by codes and described in the National Occupational Classification (NOC). You may access the list of eligible occupations at:

You have indicated that you have work experience in an occupation with the following NOC code: 2174- Software Developer. This occupation is not included on the list of eligible occupations specified in the instructions identified by the Minister of Citizenship, Immigration and Multiculturalism and published in the Canada Gazette on 28 November 2008.

For the reasons outlined above, your application does not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.