Archive for the ‘ Canada Employment- based Visa ’ Category

Arranged Employment (II)

Arranged Employment in Canada is one way to fast-track your way into Canada as an immigrant. Under the Skilled Worker category, a person with Arranged Employment is given priority and can obtain up to 10 extra points.

You will need a genuine offer of permanent employment from a Canadian employer that is approved by Service Canada (SC). In this case the employer is making an offer to hire you on an indeterminate basis once the Canada Immigration visa is issued to you. You cannot come to live and work in Canada until then.

The procedure to get Arranged Employment is done by your employer who must submit the Arranged Employment request to SC. If approved, SC will forward the Arranged Employment Opinion (AEO) directly to the Visa Office processing your application. Policy requires the Visa Office to fast-track AEO applications and now under the new Federal Skilled Worker guidelines is one of the few options left that does not require you to have an occupation listed on the new occupation list. Note you must still have at least one year of work experience within the last ten years in occupations listed under Skill Type O, A or B.

Also the Arranged Employment option applies if you are already in Canada on a temporary work permit (depending on the type), and your current employer has made an offer to give you a permanent job if you are accepted as a Federal Skilled Worker then this will also give you priority processing as long as your temporary work permit is valid both when you apply for permanent residence and when the permanent resident visa is issued. Again, your occupation does not need to be one of those listed on the new occupation list but must still be a skilled job listed under Skill Type 0, A or B.

The advantages of a Arranged Employment Opinion or AEO are faster processing under the Federal Skilled Worker Class and the employer does not have to demonstrate that there are any Canadian citizens or permanent residents available to fill the position.

What is the best way to find arranged employment in Canada as a foreigner trying to inmigrate?

1. There is an expedited work visa for people already employed by companies with offices in Canada, should they wish to transfer within the company, to Canada.

2. Arranged Employment for Independent Skilled Workers or working without offices in Canada

Under this category , there are two general ways to obtain arranged employment points: working in Canada and securing an “indeterminate job offer.” Hineni Media Information services publish resources that can help you prepare your case under either option.

A) Indeterminate Job Offer

An “indeterminate job offer” is an offer from a Canadian firm which has been in existence for at least one year. This job offer must meet several requirements:

•It must be genuine, and not for the purpose of facilitating immigration.
•It must pay the market wages for the position.
•The job must be a skilled one, classified as either a “management” position or under skill level “A” or “B” under the National Occupational Classification code.
•The job is not part time or seasonal.
By subscribing to Hineni Online databases,  you can be of tremendous help to international workers and international students by letting them know which companies they ought to  contact.

B) Working in Canada

If you are already working in Canada, with a qualifying work permit, you may be credited points for arranged employment. For example, you may have obtained a work permit under NAFTA or your spouse’s study permit.

There are several consulting and placement agencies in  Canada as well as outside, which may assist you in finding a job in Canada.   Most of the agencies outside Canada and some in the U.S. charge a fee for their services.  Their fee is several times higher than the subscription fee that you pay to Hineni Information Services (hinenimedia.memberlodge.org).  As a matter of fact, several of these agencies subscribe to Hineni Online Database of Canadian Employers for International Professionals, to help themselves and help their clients like yourself. 

Watch out for illegal operations which are under investigation for fraud and illegal representations.  Do some research on the internet and check their background before advancing any money. 

In our opinion, you can quickly find a job in  Canada on your own with the help Hineni Online Database of Canadian Employers for International Professionals.

Marisol Diaz  is  an experienced workshop presenter, bilingual information designer, info-Preneuer;  career and  a business facilitator . She  has been writing on legal research and Canada immigration law since 2006. contact her @ hinenisyndicator@gmail.com

Note and disclaimer: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

 hinenimedia.memberlodge.org is not a law firm.  The information provided above should not be construed as a legal advice.   The information provided below is general in nature and subject to change with or without notice.

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6 Things you need to know before arriving to Canada

1. Bring or have a credit card. They are are the major means of payment in Canada.

Having a credit history is important if you want to get a credit card, a mortgage, oreven to rent an apartment, rent a car. Consumers who have not had an opportunity to establish acredit history, such as recent immigrants and students, may find themselves at adisadvantage when applying for credit products.

Canadian financial services are credit-oriented. However, financial institutions in Canada generally do notrecognize international credit history, making it hard for recent immigrants, even those with years of stablebanking practices in their own country, to access personal and/or business financing. Lack of a Canadian  credit history is a genuine problem for immigrants trying to settle in Canada, especially entrepreneurs  looking to start a business, as it is a barrier to accessing financing, often preventing newcomers fromintegrating and settling into Canadian society.

2. Credit history is the first thing you need to build in Canada

Credit history or credit report is, in many countries, a record of an individual’s or company’s past borrowing and repaying, including information about late payments and bankruptcy. The term “credit reputation” can either be used synonymous to credit history or to credit score.

In Canadea when a customer fills out an application for credit from a bank, store or credit card company, their information is forwarded to a credit bureau. The credit bureau matches the name, address and other identifying information on the credit applicant with information retained by the bureau in its files.That’s why it’s very important for creditors, lenders and others to provide accurate data to credit bureaus.

This information is used by lenders such as credit card companies to determine an individual’s credit worthiness; that is, determining an individual’s willingness to repay a debt. The willingness to repay a debt is indicated by how timely past payments have been made to other lenders. Lenders like to see consumer debt obligations paid on a monthly basis.

Credit history usually applies to only one country. Even within the same credit card network, information is not shared between different countries. For example, if a person has been living in the USA  for many years and then moves to Canada, when they apply for credit cards or a mortgage in Canada, they would usually not be approved because of a lack of credit history, even if they had an excellent credit rating in their home country and even if they had a very high salary in their home country. An immigrant must establish a credit history from scratch in the new country.  Because if not  is usually very difficult for immigrants to obtain credit cards and mortgages until after they have worked in the new country with a stable income for several years.

Some credit card companies (f.e. American Express) can transfer credit cards from one county to another and this way help starting a credit history, check if your credit company can do before you move to Canada.

3. A car is a necessity:

Enviromentally speaking, I support public transportation with all my heart and had supported with my wallet ( I own an adult trike and use TTC), but life in Canada is more suit to the 4 wheels. Driving less and eliminating “unnecessary” car trips has been one of the leading ways people say they save money.  Driving ourselves to work instead of commuting can be the measurement of promotion or getting fired from work, particularly if the everyday route one takes is prone to traffic jams. Driving is also a lot comfortable than sitting in a bus or standing up in a subway train elbow to elbow with other people.

A car’s comfort, however, varies from place to place. If you live in a region where there is minor or no traffic at all, then you have a painless travel life. You also have an easier alternative to take either your car or public transpo without having to worry which is the fastest. You also don’t have to worry consuming more gas because of traffic and pay for the next time you you fill ‘er up

4.  The cost of insurance is significant:

In Canada, unlike other countries insurance in many cases is highly recommended if not mandatory.  If you own a car, a house or just rent an apartment, it is important to have insurance. It is also important to have health and life insurance. If you own or want to buy and drive car, you are required by law to have at the very minimum, liability insurance.  If you want to take out a loan to buy a car or house, the bank or Mortgage Company will require that you purchase insurance to cover the amount you are borrowing for your car to pay for physical damage to your car, or for the value of the house you are purchasing.  Some landlords require you to have renter’s insurance when you sign a lease.  Life and Health insurance is invaluable, especially when you are in an accident or have a major health issue, and you should have at the very least a life insurance policy to cover the cost of a funeral.  Insurance companies occupy    the best buildings in downtown district.

5.  The Canadian job market is hidden . Canada is experiencing a skills shortage in several industries, and employers may view British nationals with the appropriate skills and experience as a valuable resource. However, the graduate labour market is very competitive, and the current recession is contributing to a challenging climate for both Canadian and foreign jobseekers. Try to build a Canadian employment history , to monitor the Canadian job market  and don’t get stuck in dead end jobs or survival jobs.

Where can you find  work?

•Major industries: trade, finance, insurance, real estate and leasing, professional, scientific and technical services, education, health and social care, accommodation and food services.
•Recent growth areas: service industries and information technology.
•Industries in decline: primary sector, manufacturing and utilities.
•Shortage occupations: health sector (physicians, nurses, pharmacists, medical technologists and technicians, nurse aides), management occupations, trade (especially home builders and renovators), occupations related to the oil and gas sector, IT, occupations in social science and government service (including university teachers).
•Major companies: Royal Bank of Canada, Manulife Financial, Bank of Nova Scotia, Toronto-Dominion Bank, EnCana, Sun Life Financial Services, Bank of Montreal, Canadian Imperial Bank, BCE, Imperial Oil.
•Search for more companies: Kompas, Canadian Chamber of Commerce, Yellow Pages Canada.
•Major cities: Ottawa (capital), Toronto (largest), Montreal, Vancouver.

6.  Network, network and network

Join idustries and association , volunteer, ask for information interview, or take bridging programs through your local community college or settlement agency and of course use social media like linkedin and facebook. the canadian welcomes hight skilled  and skilled worker but canadian companies required canadian employment history. before arriving, try to monitor the canadian job market.

While I wouldn’t recommend starting an online business for everyone, for many people it’s one of the best ways to generate income without a job. It has certainly worked disgustingly well for me. If you’re interested in learning more about this option, please check out Start Your Own Successful Online Business   for details.

Marisol Diaz  is  an experienced workshop presenter, bilingual information designer, info-Preneuer;  career and  a business facilitator . She  has been writing on legal research and Canada immigration law since 2006. contact her @ hinenisyndicator@gmail.com

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

What type of positions are being recruited in Canada?

In Canada, the projection of employment demand for occupations is undertaken through the Canadian Occupational Projection System (COPS). This information system is designed to provide historical, current and projected data both nationally and provincially. The focus of COPS is on long-term occupational needs and supply trends. The model provides the most comprehensive source of forward-looking employment demand data by occupation and by industry for B.C.

This model is maintained by Human Resources and Social Development Canada (HRSDC), in close consultation with partners in provincial governments and Service Canada regions.  The B.C. Ministry of Advanced Education and Labour Market Development is the COPS provincial partner in B.C., and prepares the COPS BC Unique Scenario with their federal counterparts from Service Canada.

So positions on skilled trades, pharmacist, finance, dental hygienist and others below are the ones being recruited in Canada.
 

  •  Healthcare information technology. Technicians are needed for such emerging jobs as healthcare integration engineer, healthcare systems analyst, clinical IT consultant, and technology support specialist.
  •  Clinical Trials Design and Management for Oncology. Biopharmaceutical drug companies have more than doubled investment in research and development in the past decade. Managing clinical trials include choosing appropriate dosages, designing treatment plans and recruiting patients.
  •  Allied Health – Medical Technicians, Technologists and Assistants:
    Many allied health careers are well-paid, and in high demand. Therefore, if you have an associate’s degree, or a four-year college degree, you can choose from a wide variety of nearly 100 allied health careers
  • Medical Office Administrative and Support Jobs such as:
  • Medical transcriptionists
  • Home Health and Hospice Care:
  • Home health, including in-home hospice care and home health aides for the elderly and disabled, are set to experience a whopping 50+% growth!
  • Registered nurse
    Canada’s aging population means this sector’s a dynamic place to be. A combination of factors will ensure a wealth of opportunity for nurses with college or university nursing degrees.
  • Geriatric healthcare. Hey, everybody is getting older which means there are more opportunities for jobs for pharmacists, geriatric care managers, geriatric nurses and managing facilities for seniors.
  • Computer and information systems managers
    The 2001 slowdown in the computer industry didn’t put a dent in this field. Wage growth is still better than average, as are actual wages (almost double the national average), while the unemployment rate is well below the national average.
  • Mobile media. Graphic designers, videographers, video editors, app developers and software engineers are needed to design and provide all the stuff that we now cram in our cell phones.
  • Embedded engineering. There are career options for software developers willing to learn some new tricks. Phones, appliances, televisions, automobiles and iPods all use processors to run. These complex digital processors are embedded systems, often built around a microprocessor core, that are designed by software engineers.
  • Data mining. Data mining is the technique for extracting specific types of information or patterns from large databases.
  • Human resource specialist or manager
    Demand for human resources specialists and managers is increasing and expected to stay strong, as companies place greater emphasis than ever before on human resources issues such as recruitment, training, employee relations and retention.
  • Occupational health and safety. More specialists are needed to cope with technological advances in safety equipment, changing regulations and increasing public expectations.
  • French/English translation and interpretation.
    Canada is officially a bilingual country but, with nearly 60% of the population speaking English as their mother-tongue, and only 24% speaking French as their first language. There are 77 million first language speakers and another 51 million second language speakers, according to the Ethnologue Report. (1) French is the second most commonly-taught second language in the world (after English).The 2001 Census total of francophones, those who report their mother tongue as French, was 6.8 million, or 22.9 percent of the population, down from 23.5 percent in 1996. The strongest demand for French speakers is in the health care, business and legal fields.
  • Content Writing/ Copyeditors/ paid blogging gigs/  freelancers focusing on business, travel and environmental subjects. Feature writing on the web. Is this where all those journalist for print media or newspaper reporters who have lost their jobs will end up.
  • Sustainable business practices and greening of all jobs. Green collar jobs can be found in every profession – even those you wouldn’t suspect. For instance, accountants are needed who understand what carbon accounting is.

 

Marisol Diaz  is  an experienced workshop presenter, bilingual information designer, info-Preneuer;  career and  a business facilitator . She  has been writing on legal research and Canada immigration law since 2006. contact her @ hinenisyndicator@gmail.com

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

Canada Business Class Immigration

Skilled Workers(SW):

There are three ways to immigrate under the Skilled Worker category:

1. An arranged employment offer with a Canadian company, approved by the immigration authorities
2.For students or temporary workers legally residing in Canada for a period of at least one year
3.For specialists with at least one year of full-time work experience in a profession corresponding to the list of occupations outlined by the government of Canada.

Entreprenuers/ Businesspersons

This particular category is applicable to persons who have experience in successfully conducting a business in their home country, possess the necessary funds, and are planning to acquire an existing business in Canada or start a new one.

Main requirements for the principal applicant under this category are:

•Demonstrate business experience – this means that the principal applicant has at least 2 years of experience in owning and managing a business and has employed a minimum of five people on a full-time basis

•Have a personal net worth of $300,000 CAD ( legally obtained and free of liabilities)

•Comply with the conditions of the immigration visa (applicable to this category of business immigrants) for the first three years in Canada

Self-employed:

This particular category is for candidates who are self-employed in such fields as art, sports and farming. This immigration category was specifically devised by the Canadian government to attract artists, professional athletes, as well as to stimulate agricultural development.

Persons interested in immigrating under this category have an opportunity to take an exploratory trip to Canada in order to research conditions and possibilities for starting a business. Such trips are encouraged by the government and provide an applicant with additional points upon the assessment of the case.

Investors:

Currently, there are two types of immigration programs for investors in Canada: the federal program and the program ran by the province of Quebec.

The investment must be made prior to receiving the immigration visa. In the case that the application for permanent residence is declined, the investor has 90 days to claim the invested sum and receive a full refund. A full refund of the investment is guaranteed by the government of Canada. The funds are invested for a period of five years and are returned to the depositor without interest after that period; the government has full discretion in managing the funds.
Individuals applying under this category must have a minimum net worth of $800,000 CAD that was legally obtained and is free of liabilities; they must be prepared to make an investment into the Canadian economy in the amount of $400,000 CAD. Additionally, the following requirements must be met:

•An investor must have experience in owning and managing a business

•An investor must have experience in managing no less than five employees

•An investor must confirm in writing the intention to invest at least $400,000 CAD by transferring the funds to the Receiver General or show documentation to prove that such an investment has already been made.  OpenCorporations.org makes it easier to find out which companies may have received money under the Provincial Nominee Program. 
 

For any other  further details, please contact us at hinenisyndicator@gmail.com

Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

Canada:Arranged Employment Opinion

Canada:  Arranged Employment Opinion  

Under the new immigration rules that came into effect on June 28, 2002, foreign workers who have arranged employment in Canada, and apply for a Canadian Permanent Resident Visa under the Skilled Worker category, qualify for valuable points of assessment. Applicants holding a temporary work permit that is validated by the HRSDC or an HRSDC-confirmed permanent offer of employment can obtain a maximum of 10 points.

Lately most immigrants apply for a residence card through the Arranged Employment Opinion  process if currently outside or  employed within Canada. The two main categories for employment based immigration that require  Arranged Employment Opinion  are Skilled Worker and Temporary Worker (TW). Within these two categories, there are many sub-categories for professionals holding advanced or low degrees, aliens of exceptional ability, baccalaureate degree holders,  and other workers. 
The key of the process is to convince the Human Resources and Skills Development Canada (HRSDC) that no qualified Canadian worker is willing to take your job. In other words, the hiring of you, an alien, will not adversely affect the job opportunities, wages and working conditions of Canadian workers.

There are certain risks associated with Arranged Employment Opinion application. The main one is that you might be replaced if a qualified qualified worker (citizen or resident card holder) is found. We suggest everyone going through the Arranged Employment Opinion application know the process. Therefore, you will have some control of the process to avoid the risks.

Arranged Employment Opinion  application requires employer’s sponsorship. This does not mean that you can not do it yourself. It only means that a representative of the employer has to sign the forms. You can prepare the forms and all other documents.

Since last year, Human Resources and Skills Development Canada (HRSDC) started changes and modifications for a new Arranged Employment Opinion system, which have streamlined the Arranged Employment Opinion  process and make it faster. However, attorneys, law firms can NOT register to use the on-line system. You have to be applied by the employer directly.

If you are not sure whether you are eligible to file for Arranged Employment Opinion, please email us. We will be glad to evaluate your case free of charge. 

PDF Application kit ,  (Arranged Employment Opinion)

The kit, a do-it-yourself guide, provides all the info you need for your application procedures step by step from the very beginning to the end. You will be able to get things under control if you choose to file the case yourself, because an unscrupulous attorney may waste your time as well as your money. With the help of the kit, you will be able to know the options available and find a shortcut based on your specific qualifications. 

The skills in the kit tell you how to make a convincing case before HRSD and avoid mistakes that most people usually encountered. It will also help you to eliminate the risk of being replaced. Any mistakes in the application could be serious delay if it is not fatal. Also, if you qualify forSkilled Worker, how to file into Skilled Worker instead of TW.

This kit will still be helpful to you even if you are lucky enough to find an experienced and devoted lawyer to file your case. No attorneys or law firms can register to use the on-line system. You will have to be knowledgeable enough to make the right decisions at every critical point, and to utilize some of your specific qualifications which are of vital importance to the success of your application. 

Following are the partial contents of the kit:
–Overview
–Job Order and Prevailing Wage 
–Arranged Employment Opinion 
       Qualifying Criteria 
       Notice of Filing
       HRSDC Approvals: Labour Market Opinion and Arranged Employment Opinion 
       Special Handling for College and University Teachers
–Immigration Petition and Adjustment of Status

The kit is $88 per copy.

Make checks or money order payable to Hineni Media.  Success GUARANTEED by refund. The kit will be emailed to you as attachments via this email address, hinenisyndicator@gmail.com. Files are in TEXT or pdf format, total sizes over 1MB.
If you use check or money order, please specify your email address, if you use credit card to order, your email address will be provided to us automatically.  Please also provide a shipping address, we will mail you any part of the kit that is not digitized yet.

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3401 Dufferin St.
Toronto, ON M6A 3B8 Canada

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Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

Work Visas and Immigration Visa in Canada

 

Work Visas and Immigration Visa in Canada  
  • Work Visa and Permanent Visa Options in Canada 
  • Hints for Work Visa / Immigration Visa Documentations
  • Ask An Immigration Attorney  

WORK VISA OPTIONS:

Temporary Work Visa:

For many people entering the workforce, this is the visa of choice. One benefit is that it can often be obtained in a very short time. To oversimplify the requirements, an TW visa can be applied for if you have at least a four-year bachelor’s degree or higher, and the position in which you will work requires at least a four-year degree. The general requirements for the TW visa are set forth on the CIC website. These visas used to be easy to obtain; nowadays nothing is easy to obtain from the CIC ( Canada Immigration). This firm is familiar with all aspects of applying for TW visas, including ensuring that the job description meets the TW visa requirements, the prevailing wage is properly met, and the applicant meets the legal requirements. We also set it up to lay a foundation for a later permanent visa, should you want one. TW visas can be issued for up to two years at a time, to a maximum of three years. Many people use that three years to obtain Canadian permanent residency, and the TW (Temporary Work Visa) is a good platform from which to do so.

Another benefit of the TW visa, at least for university teaching positions, is that in some instances the same job, even the same advertising campaign and search committee process, can be the basis for both a successful TW application and a permanent resident visa application. This is explained more fully under some universities Faculty  and should be carefully examined, so that a great opportunity is not lost. 

Visa Waiver for Individuals of Extraordinary Ability:

For some, another work visa option is the  Visa for Foreign People of Extraordinary Ability. This visa category is available to those whose accomplishments are truly outstanding, as shown by a higher level of accomplishment than their peers in such areas as the quality and number of their publications and the prestige of the journals in which they are published, the number and importance of reviews the applicant has performed on the work of others, the amount of salary, receipt of prominent awards, presentations at prestigious colloquia, membership in prestigious organizations, articles about the applicant, and major contributions made by the applicant in his or her field of endeavor, among others. Extensive documentation must be provided, to prove a level of sustained national, and sometimes international, acclaim. 

This visa requires a lot more than merely submitting a copy of one’s C.V. and a few letters from colleagues stating that the individual is of high caliber. For an example of how difficult these applications can be, check these administrative decisions that show the grounds for rejection, even of very highly accomplished individuals. Our linked law firm stays abreast of the requirements for successful WV visa applications, and understands how to “package” one’s accomplishments in a way that is palatable to the immigration authorities. One benefit of the WV visa category is that successful applicants will have laid a good foundation for a permanent visa based, for instance an Outstanding Professor or Researcher application, or an Extraordinary Ability Application. 

// //

TN Visa:

Certain professionals from U.S. and Mexico qualify for TN or “Treaty NAFTA” visas, valid for one year, renewable for as long as the individual continues to qualify. To oversimplify, the visa is issued to those with at least a Bachelor’s degree, in a position that requires a Bachelor’s degree. It cannot be used for self-employment. One qualification is that the individual must maintain a residence in, and must prove an intent to return to, his or her homeland in U.S. or Mexico. Filing an application for AEO Certification,  or for Permanent Residence demonstrates an intention to remain in Canada, and can lead to prompt termination of TN status. For U.S., TN visas are faster and easier to obtain than SW visas and are often useful as intermediate visas; for Mexicans they are almost as difficult as SW visas to obtain and often, but not always, are not worth the trouble.

International Treaties such as the North American Free Trade Agreement (NAFTA), the Canada Chile Free Trade Agreement (CCFTA), or the General Agreement on Trade in Services (GATS);

SKILLED WORKER:

Employment Opinion (AEO) Certification

Canada Arranged Employment Opinion (AEO) to CIC factors into the assessment of a Skilled Worker application for Permanent Residency that no qualified Canadian wants the job that you want as the basis for your permanent visa. AEO is not required for TW, Business Class, or Religious nonimmigrant visas. AEO for professionals is only required if you are seeking a Permanent Resident Visa (“Resident Card”). AEO cetification is a complex process. AEO requires the full cooperation of your employer; the application must be filed by an employer who wants to hire you on a permanent basis. The employer must engage in a campaign of advertising that is designed to locate qualified Canadian workers; if no qualified, willing and able Canadian workers apply; and if the job requirements set forth in the ad are not unfair to Canadian. workers (citizens and resident card holders); and if the salary is in keeping with the level of the work; and other requirements are met; the HRSDC issues a AEO. With this, and proof that you meet the qualifications for the job, you can apply for permanent residency. The rules for advertising for AEO certification are complicated and they vary, depending on which of the three approaches is used: Regular AEO Certification, Reduction in Recruitment, or Special Handling AEO Certification. They also vary province-by-province and by regions within Canada. These rules are about to undergo extensive reworking when Canada HRSDC promulgates “WORK” regulations, after 2003. If you can apply prior to that time, it may be more beneficial, particularly for college faculty positions.

 

AEO for College, university Faculty or Research Associates:

For those of you who obtain a full-time position at a high institution either a college or an university, whether a research position or a teaching position, that involves teaching at least one college level class, you may qualify for the fastest AEO Certification process, “Special Handling”. For others, you may qualify for the second-fastest, “Reduction in Recruitment”. If you presently have an TW visa, you should promptly determine whether your present position may also qualify you for a AEO certificate, for two important reasons. First, there are strict time limits within which your application must be filed, for Reduction in Recruitment 6 months, for Special Handling positions 18 months. Second, the WORK regulations will eliminate the special handling program for college faculty. The point is – don’t delay in finding out if your newly-acquired job, or the job you got 17 months ago on a temporary visa, might also be the basis for your permanent residency. 

Permanent Visa without AEO Certification:

There are three ways of obtaining permanent residency without having to first offer the position to a Canadian worker – and all three depend on proving that you are such a desirable individual, that the government should not require you to do so.

Outstanding Researchers and Professors and Applicants of Extraordinary Ability:
As a broad, general observation, the requirements for these categories are the same as for the Special visa. In actual practice, the degree of “outstanding” or “extraordinary” caliber you need to prove for a nonimmigrant (i.e. temporary) Special visa, is lower than for the issuance of permanent residency under these similarly-worded programs. Also, you must be in a tenured or tenure-track position. 

National Interest Waivers:
In addition to meeting similar requirements for the categories immediately above, National Interest Waivers may be issued to individuals who have ten years of experience in their field, whose work benefits  Canada, whose work has substantial intrinsic merit, and who can demonstrate that Canada would be adversely affected if a AEO certification were required. These are difficult to obtain, but under the right circumstances are a viable option.

TW Waivers:
Some TW visa holders are required to return to their homeland for two years before being allowed to change to another visa status. One avenue worth considering is a waiver of this two-year return requirement.

Which path is for me?

It is very hard to generalize about your options under Canada immigration law, because there are so many variables: One variable is your present visa status. If your international student visa is about to run out, the lack of time may limit your options, requiring you to seek a visa that is quick to obtain, and applying for residency later on. If your on a tourist or business visa and is about to run out, before you can change visa status it may be advisable to verify whether you are bound by the two year return requirement by asking for an Advisory Opinion from an attorney before approaching CIC.

Another variable is the willingness of your employer to file an application for your permanent resident visa. Very often, employers want to have you work for them for a while on TW or internship (“TW“) or an Work Visa (WV) before they will agree to sponsor you for a permanent position. Another variable is what part of the country you will be working in, because this determines which Immigration center will adjudicate your petition, and the processing times vary widely at these Canadian Centers.
If you qualify for TW or W internship, you have one year during which to position yourself for your next work visa. Some of you will be able to go directly from a student visa to a permanent visa (“resident card”). You are more likely to require an intermediate visa between your student visa and your permanent visa, such as an TW visa or SK visa.

Premium Processing 

SK visas are taking two to seven months to process, depending on where you will be working in Canada, and thus which of the Service Centers will handle your application. If you pay an extra and file a form , the immigration authorities will process your case in two weeks. Business Class visas can also receive this accelerated treatment.
If you are in  International student status on TW, you must receive your SW change of status approval notice prior to the last day of validity of your TW document, or you will have to stop working until you receive it. (Or you can file for Premium Processing and pay an extra to accelerate the process and get a result in under two weeks).

Note: 
The information herein is of a general nature and may not apply to any particular set of facts or circumstances, nor should this information be construed as legal advice. For an evaluation about your case, please consult with an immigration attorney.

 

Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

How to Immigrate to Canada Through Employment

There are a limited number of ways to immigrate to Canada. The most common way is still through a family category( getting married or being spouse of someone that applied and is resident or a citizen) . The second most common way is through employment.  ( company transfer, job offer or work internship)

One of the most recent common paths to residency that does not involve immigrating through a family member is from student to TW (temporay work)  to SKV (skill worker visa)  to permanent resident. It is important to understand that employment based permanent residency is for a job in the future. In other words, this is a prospective position. This means that there are cases where an employee may work for other employers while a different employer petitions for their residency.

Different Employment Categories

There are a variety of different employment categories under which a person may seek residency. Briefly they include:

1st: Priority workers – Aliens with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers.

2nd: Members of professions holding advanced degrees or aliens of exceptional ability.

3rd: Professionals, skilled, and other workers.

4th: Special immigrants.

By far the most common categories utilized by intending immigrants are the second and third preference categories. With limited exceptions the employer will have to test the Canadian job market to show Canada Human Resources that there are no qualified Canadian workers available for the position in the geographic area of employment.  Most  Canadian citizens or lawful permanent resident are authorized to work. Individuals on non-immigrant visas are not considered “Canadian workers” for the purposes of the test of Canada Human Resources or the labor market.

The employer will have to run ads in a variety of media such as newspapers, journals, internet job sites, state job banks, etc. These ads have a limited shelf life and, assuming that no qualified Canadian worker comes forward, the employer will have to file a request for job offer with Human Resources in under consecutive or at least 180 days from the date the first ad was placed or the employer will have to run the ad again if it is needed to satisfy their burden under the law.

Once AEO is filed Human Resources  will certify the case, deny the case, or audit the case to make sure that all the appropriate steps were followed.

Assuming the case is verified and certified the employee can begin the immigrant visa process with Canada Immigration Services. This is where the category of employment is important. The availability of visas for each category fluctuates and  Canada Immigration must be reviewed to determine the appropriate path for the next step.

Marisol Diaz has been writing on legal research and Canada immigration law since 2006.

NOTE: No attorney/client relationship is formed through the submission or viewing of this article. This article is not intended as a substitute for legal advice from a licensed attorney. The facts of every case are different and individualized advice should be sought from an attorney before proceeding with any case.

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