Working Holiday Visa to PR - Arranged employment question...

[krystalg]

Hi, I'm new to this forum and hoping to get a little advice.

My husband and I are here with working holiday visas valid until May 2010.

When we first arrived in Canada we met with a immigration lawyer to discuss the steps to becoming residents. He told us that once my husband had a job we'd have the required 67 points.
I specifically asked if a job offer was that was needed and that we wouldn't need a LMO or the such, the lawyer said no. Because of this my husband didn't inform his employer that he'd need anything other than a job offer from them.

My husband was offered a job as a IT manager and started working in August. We went and saw our immigration lawyer expecting to start the PR process but were informed we'd need to get a arranged employment opinion.
My husband was nervous asking the company as he hadn't warned them they would need to do this, thankfully they were very nice about it and have been as helpful as they can.

However I have a few concerns/questions...
- Does my husband actually need a AEO as he's already working for the company and has a open work permit (presumably making him exempt from needing a LMO)?

- The first question on the AEO form asks if the company intend to employ him during the PR process, if they say yes (which obviously they will as he's currently working for them) it states they need to get a LMO. If they tick yes will this be a problem?

- Our lawyer is insisting that the job offer be the original and is to be re-dated from August 7th to todays date. A original of the offer can not be provided as the company need this for their own records and they're not comfortable re-dating the offer as my husband as already been working for them. Is the original and is re-dating actually necessary for a AEO?

Any help or advice would be greatly appreciated, we're paying a lot of money for the immigration lawyer and I feel like he's proving conflicting and confusing information. My husband is grateful to have found a good job so doesn't want to push his luck, the company has been supportive but they're starting to show signs of frustration, mainly over the issues with the offer letter.

 

[Leon]

If there is any mention of points, your lawyer must be talking about the skilled worker application. Right now, the skilled worker application is up in the air because they are changing the rules and applications filed on Feb 27 2008 or later are going in under the new system that nobody knows what is. They will sometime soon publish a list of 38 occupations in demand for skilled worker. If you are not one of those occupations, you can probably not do this application.

In the meantime, call the PNP in your province and find out if you can apply for PNP while on a working holiday visa as opposed to temporary work permit. If not, call CIC and find out if he can change his working holiday status to temporary work permit. In many IT fields an LMO is not needed for this.

If you can go through PNP, it is normally faster than skilled worker and you don't need any points. Or you can ask your lawyer about this too if you want since you probably paid him already.

 

[krystalg]

Thank you for your reply and the information provided.
Our lawyer did recommend the skilled worker application, but he hasn't mentioned anything about any changes, I wish he'd kept us better informed!!
I'll ask him about the PNP, as you are correct we have already paid a retainer fee.