Claiming 50 points for LMIA-Exempt job offer.

[buzzard]

Hi Guys,

Are any of you in this situation. Or successfully claimed the points under LMIA-Exempt job offer.?

My situation is this, I have my profile submitted in July 2020 and my current score with out claiming the 50 points for the job offer is 421.
I am hoping to claim those 50 points under employment and that should take my score to 471 which should give me reasonable chance of getting an ITA.
I will be finishing my 1 year under this LMIA-exempt job next month on 15th October. I am already qualified under CEC or FSW under NOC B 5241. Have been working
in Canada under the same NOC for past last 5 years. My Employer is named on my work permit and the LMIA exemption falls under this category link below.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/canadian-interests-significant-benefit-television-film-production-workers-r205-exemption-code-c14.html

Going by the conditions defined for LMIA-Exempt job offers in the link below, I think I should be able qualify to claim those 50 points once i finish my 1 year employment at my current employer, but I am not totally sure.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

If any of you can shed some light on this if you have gone through similar experience.

Thanks in advance.

 

[primaprime]

Yes, if you have been working for a year on a closed LMIA-exempt work permit and the employer gives you a new letter offering to extend your employment for at least a year after you become a PR, you can claim the 50 points.

 

[buzzard]

Yes, if you have been working for a year on a closed LMIA-exempt work permit and the employer gives you a new letter offering to extend your employment for at least a year after you become a PR, you can claim the 50 points.

Thanks @primaprime,
Do I still need a letter from the employer with an offer of extension ? My employment is already permanent with no end date and mentioned as indefinite on my employment contract. My plan is to get an employment confirmation letter as a proof that I am still employed with the company like I have to do for all my previous employment.

 

[primaprime]

You may only claim the 50 points:

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

Your job offer must:

• be in writing
• not be from an embassy, high commission or consulate in Canada
• set out details of the job they’re offering you, such as:
  • your pay and deductions
  • your job duties
  • conditions of employment, like your hours of work

A work permit on its own is not a job offer.

 

[buzzard]

You may only claim the 50 points:

Thank you. I should be able to get a letter for my office stating that they would continue to employ me after I get the PR visa.
I have one last question, Considering that I would finish the requisite 1 year next month, 15th of October to be precise, Can I go and update my profile now itself to claim those 50 points. Does the system calculate or know from when to consider the requisite year.

Thanks!

 

[primaprime]

It'll give you the points. Remember not to accept any ITA before the 15th.

 

[buzzard]

It'll give you the points. Remember not to accept any ITA before the 15th.

Thanks, I went ahead and claimed those 50 points which brought my points to 271. Although, I wonder if they would invalidate my profile when they notice the ITA ( If I ever get one before the 15th October ) having been issued before the 15th October ( which is when I would actually finish a year ). Technically I am claiming those points 2+ weeks earlier even if I choose not to accept the ITA until after 15th. Would you see that being an issue ?

Thanks!

 

[primaprime]

Yes, you need to decline the ITA and wait until after the 15th. You need to have a year at the time of the ITA.

 

[buzzard]

Yes, you need to decline the ITA and wait until after the 15th. You need to have a year at the time of the ITA.

Hmm, OK. When I decline I believe my profile goes back to the pool. If I understood correctly.? Instead wouldn't it make sense to add the job offer to my profile after the 15th. What is the benefit of claiming those points right away except for the fact that there is a chance that I may get pick depending on the next draw score. But then, I have to decline anyway because technically, I do not qualify yet to claim those points. May be I am understanding this correctly.

 

[primaprime]

Yes, it goes back into the pool. You need to meet the requirements to claim every point as of the date of the ITA.

 

[buzzard]

Yes, it goes back into the pool. You need to meet the requirements to claim every point as of the date of the ITA.

Cool, in that case I will wait till the 15th to claim those points since I have to decline anyways if I claim them now.

Thanks.

 

[Lathabda]

Hi ,
I have pgwp . Case type 56.
Am I eligible to claim the 50 points in express entry profile for the question LMIA excemption. I am currently working as a software engineer in a big company.
Please clarify me.
TIA

 

[Naturgrl]

Hi ,
I have pgwp . Case type 56.
Am I eligible to claim the 50 points in express entry profile for the question LMIA excemption. I am currently working as a software engineer in a big company.
Please clarify me.
TIA

No. PGWP doesn’t give you 50 points.

 

[Lathabda]

No. PGWP doesn’t give you 50 points.

Ok thank you! Then I have to wait until complete my one year of employment

 

[Naturgrl]

Ok thank you! Then I have to wait until complete my one year of employment

For Canadian work experience, yes.