Express Entry – Can Food Service Supervisors qualify for Express Entry?

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Welcome to the Canadian Immigration Answers
podcast. My name is Mark Holthe and I practice with the law firm of Holthe Tilleman in the
beautiful province of Alberta, Canada. In this podcast we will be addressing the following
question. “I’m a food service supervisor currently working with a fast food franchise
in the province of Alberta. I’ve submitted my Alberta immigrant nominee program application.
However, I have not yet received a nomination. I am concerned that the nomination will not
come through in time for me to extend my work permit as I would be reaching the four year
cap on April the 1st 2015. With the launch of the express entry in January of 2015, can
I qualify?” Now I get this question a lot. And in speaking
with the head officials of the Alberta Immigration Nominee Program, it is clear that there are
over or close to 2000 individuals currently in the queue waiting for their AINP to be
adjudicated, and for them to receive their nomination. With the timing of work permits
that are going to be expiring in April of next year, many people are really caught in
limbo. And so the question becomes, can we apply through the new express entry program
for permanent residence. Now if we think back to the existing programs
because nothing has changed theoretically with the Canada experience class, the federal
skilled worker program or the federal skilled trade programs, which are all affected by
this new express entry scheme, the question becomes can you qualify independently through
one of those categories? So it may be possible for a food service supervisor who is a skill
level B or a skilled worker in Canada, that they could qualify under one of those programs.
Now usually the route that was followed was the Canada experience class, because all you
would need is one year of experience and a corresponding minimum level of at least five
on the Canadian language benchmark at least for skill level B, which are our food service
supervisors. But there’s a problem. And the problem was
that the federal government created a list of ineligible occupations, and that was included
on it or cooks and food service supervisors among others. Well the reality, come January
that list will no longer exist. So it is absolutely possible for you to apply through express
entry. Provided you have the necessary level of English language ability and that you have
a minimum of one year skilled work experience in Canada, then it is possible for you to
apply. Now one advantage that food service supervisors
have is that generally speaking you are working on a labor market impact based work permit.
Well, under the new express entry system that gives you a definite step up over any other
applicant that does not necessarily have an LMIA supporting their work permit. So you
could have a CEO of a publically traded company that came into Canada through one of the senior
managerial level intra-company transfer permissions that didn’t require an LMIA. And if you as
a food service supervisor have an LMIA, you will be selected before that CEO. Now that’s sound like a pretty interesting
distinction, but the reality is there are a total of 1200 points available for individuals
who submit profiles to the express entry pool. Of those 1200, 600 are given a radar-off-the-butt
for holding a Labor Market Impact Assessment. So our food service supervisor is automatically
going to be ahead of that CEO given the fact the LMIA gives them 600 points. So if you
are in that situation, my recommendation is that you start the process immediately to
prepare to file your express entry profile at the earliest possible opportunity come
January the 1st. And the reason is because you have to be drawn
early if you are capping out on April the 1st. And when you submit your application,
the first draw will come at the end of January of 2015. If you are fortunate enough to have
your profile complete and be drawn and given an invitation to apply, then you also need
to be prepared to file your permanent residence application immediately without any delay,
so that you can have that application received, assessed and reach the first stage of approval,
where the government accepts it as being a complete application under one of those three
permanent residence categories. Ultimately we are not exactly sure how they
are going to be selecting individuals, because they can choose generally the applicants that
rank the highest in terms of points. So whichever ones have the highest point level based on
the 1200 points that they have established. But they also have the ability to select specific
industry or to use different methods for ranking individuals. But at this stage, if you are
running out of time, then this is an option for you. So if you reach first stage of approval and
your current work permit has not expired, in other words it hasn’t reached April 1st
2015, then you can apply for a bridging work permit to essentially save your work status,
and continue working on that open permit until permanent residence is ultimately received.
And we know through express entry that they have indicated that will be some point, but
less than six months processing. So I hope that answer clarifies that question
which I get a lot. Ultimately there’s no guarantees because it’s up to the government to decide
who they wish to draw. But if you act quickly, we know that there are not going to be a lot
of individuals with Labor Market Impact Assessments who will be submitting applications into express
entry, and so it’s very possible that you could be drawn. This concludes this portion of our Canadian
Immigration Answers and if you have any question, feel free to go to my website www.ht-llp.com.
And you can leave a text message for us through our written interface, or alternatively you
can click on the side bar, ask an immigration question, and leave a digital voice mail for
me. We will continue to group the question that
are similar and answer in as much detail as possible going forward here. So leave those
questions and if you have something of a more specific nature that you would like to book
a consult, please feel free to do that. Our fee is $100 for a thirty minute consult, and
you will have the opportunity to speak with me. Take care and signing off.

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