Canada News Article – September 2005

There are four (4) ways to can claim points under the Arranged employment factor. I will focus on the two most used and most relevant to UK applicants.

By definition, “arranged employment” means an offer of indeterminate employment in Canada.

The most widely used and most secure option is applying for a work permit and working in Canada while you wait a decision on your application for permanent residence.

This requires having a validated offer of employment in Canada from a genuine employer. This is when Human Resources and Skills Development Canada (HRSDC) issue a Labour Market Opinion (LMO) on the position being offered to you. To achieve this, the employer must demonstrate that they have attempted to recruit Canadian citizens and / or permanent residents and that the position on offer would be attractive to Canadians. The salary and conditions must also be within the industry standards, as defined by HRSDC’s Labour Market Information.

Once the LMO is issued, you can apply for a work permit.

It is important to understand that a Canadian employer has to go through an evaluation by HRSDC and they also have to be prepared to wait for the LMO and the subsequent work permit application to be approved before you can travel to Canada and begin work.

You can claim ten (10) points under this factor if arranged employment is achieved.

To claim the points, the employment must be classified as “skilled”? This means it is a Skill Type 0 (Management Occupations) or at Skill Level A or B as per the National Occupational Classification matrix. http://www23.hrdc-drhc.gc.ca/2001/e/generic/welcome.shtml

You must also show that you are able to perform the duties of the employment being offered.

Once you are in Canada on your work permit, you can make your application for permanent residence. You must prove that you are in Canada, holding a valid work permit and have a LMO showing that your employment would be likely to result in a neutral or positive effect on the labour market in Canada. You will need to show that you are performing the duties as specified by your work permit, that your work permit is valid at the time you submit your application for permanent residence and at the date of the permanent residence visa being issued. The employer must also commit to employing you on an indeterminate basis once the permanent resident visa is issued.

A second option is to apply for Permanent Arranged Employment (PAE). This occurs when you do not intend to travel on a work permit but to wait in the UK until your residence is issued. To claim the points for this option, the employer must commit to employing you on an indeterminate basis once the permanent resident visa is issued. They must also acquire an Arranged Employment Opinion (AEO) from HRSDC which confirms that the offer of employment is genuine, the employment is not part-time or seasonal employment and the wages offered to the skilled worker are consistent with the prevailing wage rate for the occupation and the working conditions meet generally accepted Canadian standards.

It is important to know that when the officer is ready to make a decision on the permanent residence application, they may confirm that the AEO has not been cancelled or revoked by HRSDC. There are risks involved as, although an employer is happy to offer you employment and hold it open for you, their circumstances, as well as those of the Canadian labour market, can change during the time it takes for a decision to be made on the application for permanent residence.

There are other options as well under NAFTA, GATS and the Canada �Chile Free Trade Agreement, as well as intra-company transferees. If you believe you qualify under one of these, please contact me.

By having arranged employment, you can claim an additional five (5) points under the Adaptability factor, giving you a total of fifteen (15) additional points to your total score. This may be the difference between you qualifying for permanent residence in Canada or staying in the UK.

Dennis Brazolot is a Member in Good Standing with the Association of Immigration Counsel of CANADA (AICC) and can be contacted on +1 450 458 2186 or dennis@brazolotimmigration.com He travels regularly to the UK to meet with clients. www.BrazolotImmigration.com