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Has X been working full-time for the employer on their current work permit for at least one year? (50 points LMIA exempt WP)

PRkabhooka

Newbie
Mar 22, 2024
5
0
Hello,
I have read through another question and answers given for the same question. I still do not have a clear answer. Here is my situation.
I have 2 years of work experience on PGWP open work permit. My job is LMIA exempt under Canadian interests Category. I have been approved for a LMIA exempt closed work permit just a week ago (With the same employer). Now, when I go to add this to my EE profile the question in the title comes up. If I choose Yes (Interpreting the question as a question about length of employment with the employer mentioned on the work permit) I get 50 points. If I choose’No’ (interpreting the question as work experience required on the new work permit) I do not get the points.
Has anyone been in this situation? I called IRCC and asked them to clarify but they said “our mandate is not to help anyone answer questions” I did some digging online but there are conflicting answers.
Info I found
1) Pursuant to section 29(2)(a)(iii) of the Ministerial Instructions (MIs) respecting to the Express Entry System, there does not exist a requirement that you must wait to accumulate one year of work on a closed work permit.

Here is the relevant section of the MIs for your reference:

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

(iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer.

2)

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

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

Please help clarify. Thank you
 

Naturgrl

VIP Member
Apr 5, 2020
39,687
8,167
Hello,
I have read through another question and answers given for the same question. I still do not have a clear answer. Here is my situation.
I have 2 years of work experience on PGWP open work permit. My job is LMIA exempt under Canadian interests Category. I have been approved for a LMIA exempt closed work permit just a week ago (With the same employer). Now, when I go to add this to my EE profile the question in the title comes up. If I choose Yes (Interpreting the question as a question about length of employment with the employer mentioned on the work permit) I get 50 points. If I choose’No’ (interpreting the question as work experience required on the new work permit) I do not get the points.
Has anyone been in this situation? I called IRCC and asked them to clarify but they said “our mandate is not to help anyone answer questions” I did some digging online but there are conflicting answers.
Info I found
1) Pursuant to section 29(2)(a)(iii) of the Ministerial Instructions (MIs) respecting to the Express Entry System, there does not exist a requirement that you must wait to accumulate one year of work on a closed work permit.

Here is the relevant section of the MIs for your reference:

Qualifying offer of arranged employment

(2) A qualifying offer of employment is one of the following:

(iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer.

2)

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

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

Please help clarify. Thank you
You need a year of Canadian experience on your LMIA exempt closed work permit to count 50 points.
 

PRkabhooka

Newbie
Mar 22, 2024
5
0
You need a year of Canadian experience on your LMIA exempt closed work permit to count 50 points.
Thank you. Is that needed even if I have the work experience with the same employer and it is continuous on my previous work permit? Sorry I have been getting mixed messages. If you can clarify.
 

Naturgrl

VIP Member
Apr 5, 2020
39,687
8,167
Thank you. Is that needed even if I have the work experience with the same employer and it is continuous on my previous work permit? Sorry I have been getting mixed messages. If you can clarify.
You don’t have a year of experience on the LIMA exempt permit. You need that to count the 50 points. Hire an immigration lawyer for clarification.
 
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