Archive for the ‘ Canadian Arranged Employment ’ Category

How to get a Canadian offer letter with excellent salary?

Evaluating Canadian job offers can be unsettling, especially if you have only a vague idea of what you want from employers. You’ll have to do a personal-needs assessment before you can judge whether an offer is right for you. Here’s a three-step process for developing your own job-offer-evaluation checklist.

  • Research Canadian jobs, places, industries and culture and apply to all related jobs.
  • Search companies websites about specific jobs openings.
  • Get a Canadian visa.
  • Arrange for telephone interviews or at least a dialogue with a Canadian consultants and companies.
  • Prepared yourself extensively for interview in the chosen field or chosen market.
  • Request that the job offer be outlined in writing. Until you have the offer in writing, you have nothing. A verbal offer can be withdrawn-it happens all the time. Furthermore, having the offer in writing ensures that there will be questions later on about what was initially agreed upon. The offer letter normally consists of the following items:
  • 1.Job title
    2.Base salary
    3.Incentive compensation (if any)
    4.Agreements as to salary and/or performance reviews
    5.Starting date
     

Coming to Canada with a job in place or go independent or choose a franchise as immigrant entreprenuer  will make a huge difference for any immigrant.

Job-offer-evaluation checklist

Marisol Diaz  is  an experienced workshop presenter, specialized information publisher, and  a SOHO specialist. She also  has been writing on Canada settlement and  immigration law since 2006. contact her @ hinenisyndicator@gmail.com. You can improve your Canada job search through the Canadian database  for Int’l Employers  here ,  an informational services run by Hineni Media
 

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.

  

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Contratos: Todo lo referente a contratos de trabajo en Canada

 Las condiciones de empleo deben estar especificadas en un contrato de trabajo (Contrats de travail du Quebec en Frances) por escrito.  

 Las compañías contratan personas a trabajar para ellos generalmente tienen un agenda de pagos diferentes para aquellos  que las companias contratan directamente.  Los contratados cuestan a las compañías mucho menos que los empleados permanentes. Las empresas son más felices, porque al contratar profesionales asi que no necesitan para pagar las prestaciones, seguro de desempleo, o de vacaciones y pago de vacaciones. En general, es una firma de reclutamiento que compensa o paga un contratista. Existen 5 tipos de contrato principales.

Contrato de duración indeterminada – CDI (Contrat à durée indéterminée): Este contrato no tiene tiene un plazo o período de empleo. Son generalmente 3 meses a prueba al principio del empleo. Ambos pueden optar por la terminación del contrato. Este tipo de contratos ofrece un empleo estable ya que es algo complicado y caro despedir las personas.

Contrato de duración determinada – CDD (Contrat à durée déterminée): Este es contrato de tiempo completo por un período determinado. No hay un período mínimo, pero 9 meses es lo normal. Solo puede ser renovado el mismo período que la parte inicial. El período máximo puede que una persona puede trabajar con este contrato CDD es de 18 meses, después de este término deberá ser cesado o transferido a un contrato de duracion ideterminada o CDI. Aproximadamente el 70% de los nuevos contratos en Canada, debido principalmente a lo difícil y caro que es despedir gente con contrato CDI.

Contrato de trabajo temporal (Contrat temporaire): Las condiciones de este contrato son prácticamente las mismas que para el CDD. La diferencia es que contempla a 3 partes; empleado, agencia de empleo y empresa empleadora. Las empresas solo pueden tener empleados temporales para el desarrollo de una actividad de corto plazo (misión). No hay leyes que prevengan que una compañía contrate directamente a un empleado temporal, esto tal vez significa que tengan que pagar una cuota a la agencia de empleo.

Contrato de trabajo de medio tiempo (Contrat de travail à temps partiel): Un empleo de medio tiempo se considera menor al 80% que sea legal. Aunque no se específícamente en el sector privado, un mínimo de 60 horas/mes son necesarias para calificar a los beneficios del seguro social. Para el sector público o los sectores límite de horas de trabajo, trabajos de medio tiempo deben ser 50 – 80% de las horas de los empleos de tiempo completa.

Empleo intermitente (Le travail intermittent): Este tipo de contratos se uso principalmente para empleos de temporal, como cosecha de berries, manzanas, duraznos o trabajos en la industria de turismo.

Modificaciones o Enmiendas a contratos de laborales
Tu administrador o empleador tal vez te propongan cambios a las condicioes de en tu contrato laboral: como ubicación, horas y paga.

Si tu jefe está considerando algunos cambios por razones económicas ( debido a cambios tecnológicos o factores economicos), deberá informarte esto con una carta registrada (lettre recommandée avec accusé de réception).

Esta carta nomalmente te dice que tienes un mes a partir de la fecha de recepción, para informar a tú jefe de tus inconformidades. De no hacerlos, se da por entendido que aceptas los terminos de las enmiendas al contrato. Esto se hace a discrecion y con cuidado.  Si te inconformas, el jefe puede continuar con la modificacion, lo significa que serías despedido o que te propongan un compromiso. Tendrás derecho a una indemnización en caso de contar el mínimo tiempo de servicio.

Una reducción en el número de horas de trabajo basado en un contrato colectivo, no constituye una modificacion o enmienda al contrato individual. Si te inconformas a dichas enmiendas, tu despido será idividual y no basado en razones económicas.

 

Marisol Diaz  is  an experienced workshop presenter, Editor-in-Chief, IA and  a SOHO specialist. She also  has been writing on Canada settlement and  immigration law since 2006. contact her @ hinenisyndicator@gmail.com. You can improve your Canada job search through the Canadian database  for Int’l Employers  here ,  an informational services run by Hineni Media
 

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.

  

Canada: Sample arrange employment offer letters

A job offer letter is the minimum promise protection you should have in any work opportunity requiring you to resign your current job or to relocate out of your place of residence. A job offer letter is a condensed pre-employment contract outlining the basics of your employment. In small companies a job offer letter may be written without a lawyer’s help.

A written agreement also benefits an employer because you as an employee agree to provide specific work benefits and make certain promises (like not revealing company secrets or stealing company customers). Employment relationships are increasingly contract-oriented for professional, managerial, technical, and administrative positions.

Arranged Employment is possible when a Canadian employer extends an offer of full-time permanent employment in Canada* to a foreign skilled worker.  The foreign skilled worker’s Canadian Immigration (Permanent Resident) Visa will be expedited so that the worker can come to Canada and start working for the Canadian employer quickly.

Arranged Employment is one of ways to qualify for a Canada Permanent Resident Visa through the Federal Skilled Worker category of immigration.

If an Employer is being paid money to offer employment, it is obviously not a genuine offer. Anyone participating in such a scheme is involved in a fraudulent practice.

Moreover, HRDC is now starting to question employers closely about the relationship between the employer and the employee and the motivation for offering the job on an indeterminate basis. Similarly, at the visa interview, the visa officer will closely question the applicant in similar terms. The applicant must also satisfy the officer that he or she is capable of performing the job and likely to accept the job upon arrival in Canada.

I always advise  foreign  job-seekers to get job offers in writing if employers don’t offer any form of contract. If an employer seems unwilling, one way around the issue is to write an acceptance letter of the job offer in which you spell out what you understand to be the conditions of employment.

For a position such as sales or marketing  where there are various salary issues, including commission levels, it is extremely important to get the specifics in writing.

Click here for a sample

Coming to Canada as Business Immigrant

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: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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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 Employment-Based Visa FAQ

 •Are medical examinations required for the visas?
•How many types of Canadian employment-based immigration visas are available?
•Once an application is made, is it guaranteed to receive a visa?
•What about visa ineligibility or waivers?
•What documents are needed for a visa application?
•What if an occupation requires a HRSDC Approval?
•What if there are more applicants for a category than there are available visas?
•What is a “Schedule A Designation”?
•What is the Labor Market Information Pilot Program?
Q: Are medical examinations required for the visas?

•A: Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination. The examination will be conducted by a doctor designated by the consular officer. Examination costs must be borne by the applicant, in addition to the visa fees.

Q: How many types of employment-based immigration visas are available?
•A: Immigration Canada provides a yearly minimum of 90,000 employment-based immigrant visas, divided into five preference categories. They may require HRSD aproval, and the filing of a petition.
Q: Once an application is made, is it guaranteed to receive a visa?
•A: Since no advance assurances can be given that a visa will be issued, applicants are advised not to make any final travel arrangements, not to dispose of their property, and not to give up their jobs until visas have been issued to them. An immigrant visa can be valid for six months from issuance date.

Q: What about visa ineligibility or waivers?

•A: The immigration laws of Canada, in order to protect the health, welfare, and security of the Canadians prohibits the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who:

◦Have a communicable disease
◦Have a dangerous physical or mental disorder
◦Have committed serious criminal acts
◦Are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals
◦Have used illegal means to enter Canada
◦Are ineligible for citizenship.
Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If the applicant isn’t eligible, the consular officer will advise the applicant of any waivers.

 Q: What documents are needed for a visa application?

•A: All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in Canada. The immigration and office officer will inform visa applicants of the documents needed as their applications are processed.
Q: What if an occupation requires HRSD Approval?

•A: A person whose occupation requires HRSD approval  must have prearranged employment in Canada.

Individual Employment Approval

Company Approval

The prospective employer submits both forms to the local office of the Provincial Employment Office in the area in Canada where the work will be performed. The appropriate regional office of the HRSD then notifies the employer of its approval or disapproval.

Q: What if there are more applicants for a category than there are available visas?

•A: Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant’s priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached.

Q: What is a “Schedule A or Skilled worker Designation”?

•A: Employment Canada has made a schedule of occupations for which it delegates authority to Immigration Canada to approve HRDS. Schedule A, Group I, includes physical therapists and nurses. Schedule A, Group II includes aliens of exceptional ability in the sciences and arts (except performing arts) and Information Technology( computers and engineers careers).
Q: What is the Labor Market Information Pilot Program?

•A: Immigration Canada provides and establish a Labor Market Information Pilot Program that will define up to ten occupational classifications in which there are labor shortages.A HSRD will be deemed to have been issued for purposes of an employment-based immigrant petition for aliens within the listed shortage occupations.

•A: Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive points in when they summit their applications.

◦Skilled workers are persons capable of performing a job requiring at least two years’ training or experience
◦Professionals with a baccalaureate degree are members of a profession with at least a university bachelor’s degree; and
◦Other workers are those persons capable of filling positions requiring less than two years’ training or experience

For further information, contact us here

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.

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