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Temporary worker, going to apply for permanent residency

gunnar

Newbie
Apr 15, 2010
9
0
124
Vancouver
Visa Office......
London
NOC Code......
2281
Job Offer........
Pre-Assessed..
Hi guys,
hope I can toss a few questions on to this little community here. I obtained a one year work permit for me and my wife (we were common law at the time but just got married here in Canada) in oktober last year under the skilled worker stream. Now I'm in the process off applying for permanent residency and there are just so many things that can be done this way or the other that I hope I can get some help with here.
First let me describe my status:
- Got a work permit for noc 2281 after securing a job and positive lmo starting sep 31 2009
- Have a dependent child (6yrs old) that will continue to live with my ex wife back home (I have joint custody)
- I want to apply for permanent residency and continue to live and work here after the twp expires for me and my wife

Now for the questions:
1 - Where do I submit my application? Inside Canada where I live, London since that is the office that service my country or just USA since it's the closest office outside Canada. Considerations here are that I want the status before twp expires AND I want to be free to go home for vacationing in the meanwhile.

2 - Would the PNP have any benefits for me? It seemed like a great idea last year but problem was then that I'm working for a guy that has a single person operation before I came and I still plan to work for him and that didn't qualify as an employer but I think I heard something about it wouldn't matter if I have a work permit before... anyone know how this works?

3 - I sent my son to a medical exam back home and it got sent to london (they said they send everything there), now this morning my wife and I ordered an appointment at the doctors and when we got there they asked for some papers from immigration office and then told us we had to apply first, then come with some papers from immigration. What is true here??? What should I do?

4 - What, if anything, will I need from my current employer? Does he have to give me any documents saying he will continue to employ me or do I just supply a photocopy of my twp?

I probably have a bunch of other questions that I'll add later in the thread (if someone will be so kind to help me out).
thanks in advance :)
Gunnar
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
1. You will send your application to Sydney NS like it says in the instructions. You can opt for processing either in the country of your nationality (which means it would go to London) or in your country of residence (which means it would go to the US). Where it's processed does not really make a huge difference unless you are called for an interview which isn't all that common for FSW anyway but it would mean the difference of going to London vs. going to Seattle.

2. Talk to the BC PNP about this. You can find them at http://www.welcomebc.ca/en/immigration/come/work/about/information/contact.html

3. If you want to go with FSW, you should first send your initial application to Sydney NS and when they are done with it, they will send you a letter and send in your full documents.

4. If you are applying under category 2:

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-employment.asp said:
1) If you are currently working in Canada:

- your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and
-your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued.

In addition:

- 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
So you will need a letter from your employer offering you continued employment but you also have to count on that you will be able to extend your work permit as your FSW application may well take more than 6 months and your work permit will have expired. If it did expire, it is possible that your FSW application could still go on if you got an AEO. I don't really know.

For PNP, once you have been nominated, they can exempt you from needing a new LMO to extend your work permit but you would have to stay with the same employer for the duration of your PNP application.