LMIA - permanent position or contract position

[AnshulAwasthi]

Hi,

We have applied for PR under FSW with my wife as the principle applicant. So far we have 465 points. My wife's company had applied for her LMIA which got approved 2 days ago. So we thought now everything should be fine since we would get the additional 600 points. But now we realised that the LMIA states that the position is for 1 year only and not permanent. Our lawyer said that in order to get additional 600 points the offer letter from the company should state that she is being offered a permanent position and not for one year (as stated in LMIA).

Does any one if this is true that the job offered should be permanent in order to get 600 additional points? we talked to some other lawyer and he said that we can get 600 points on the same LMIA and it need not be a permanent position. Has anyone got their ITA due to LMAI which is for a non-permanent position?

Please help.

Regards,
Anshul

 

[skouja]

Yes you need a permanent contract. I must be written in your contract, otherwise they will reject your application when they will check your documents. I got rejected after 5months the first time I applied due to this.

 

[aneelkanth]

OP your lawyer is right. Employment letter must state permanent or CIC will reject your application.

 

[JoacRy]

Hi, please note the distinction based on the category you are applying for:

For Federal Skilled Worker Program
be permanent, non-seasonal and full time, and
be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

For Federal Skilled Trades Program
be for at least one year of full-time work,
be Skill Level B (technical occupations and skilled trades) in one of the eligible occupations, and
have wages and working conditions comparable to those offered to Canadians working in the occupation.
Note: For the FSTP, the employment offer can be made by up to two employers.

For Canadian Experience Class (not required but applicants can get extra points under the Comprehensive Ranking System for a job offer)
be permanent, non-seasonal and full time, and
be Skill Type 0 (managerial occupations) or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification (NOC) list.

In your wife's case this may be the most relevant:

If recruiting from within Canada
If you have a positive Labour Market Impact Assessment for an employee holding a temporary work permit to whom you wish to extend a permanent job offer, the LMIA may still be valid under Express Entry. However, if the position or person was previously exempt from an LMIA, then a new LMIA will be required under Express Entry.

Here is the link: http://www.cic.gc.ca/english/hire/offers.asp

Good luck

 

[AnshulAwasthi]

Thanks everyone for the replies.

So I guess the company lawyer made a mistake and instead of applying for LMIA for a permanent position, she applied for a one year position.

I just had one more question. My wife's employer is ready to write in the offer letter that they are giving her a permanent position (as opposed to one year as mentioned in the LMIA). Will sucha letter work for us to get the additional 600 points or will it be considered a misrepresentation of facts.

This LMIA was our last resort to get an ITA since otherwise our score (465) is quite less than the average that is going on these days (above 480). Can anyone suggest a way around or are we screwed.

Cheers,
Anshul