Job offer and LMIA points calculation

[OldH1B]

Hi Experts,

Need your help here.
I came to Canada in March 2018 with a valid job based on approved LMIA.
I am still working on the same role with the same employer.
In march 2019 my WP expired so my employer filed a new WP but this time he filed it in C20 reciprocal program (which is LMIA Exempt).

My question is
Will I be eligible to get the points for all the 3 clauses below
- Valid Job offer (since the Job offer from 2018 is still valid and I am employed on that Job and it is ongoing)
- Approved LMIA points (since my original WP was based on a approved LMIA)
- 1 Year work exp (since I am employed with the same employer whose name is on the WP since last 1 year +)

My understanding is yes - I will get the points for all three categories.

Please advise.
Thanks,

 

[LES1910]

You will

You don't need a valid LMIA if you are on a closed work permit that is LMIA exempt and working for the employer named for at least a year.

In your case I would claim the points using your current LMIA exempt visa (or it will ask you for a number and your old LMIA is expired now), provide all the context you did above (include the expired LMIA number and old and new work permits). Getting your employer to include the narrative in their letter would also help

 

[jes_ON]

Hi Experts,

Need your help here.
I came to Canada in March 2018 with a valid job based on approved LMIA.
I am still working on the same role with the same employer.
In march 2019 my WP expired so my employer filed a new WP but this time he filed it in C20 reciprocal program (which is LMIA Exempt).

My question is
Will I be eligible to get the points for all the 3 clauses below
- Valid Job offer (since the Job offer from 2018 is still valid and I am employed on that Job and it is ongoing)
- Approved LMIA points (since my original WP was based on a approved LMIA)
- 1 Year work exp (since I am employed with the same employer whose name is on the WP since last 1 year +)

My understanding is yes - I will get the points for all three categories.

ok, hmmm - You appear to be confusing some of the requirements to have a valid job offer with having points. Those categories do not each correspond to points under the comprehensive ranking system.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/criteria-comprehensive-ranking-system/grid.html

I think what you are asking is, are you eligible for the bonus 200 points for having a valid job offer.

- Valid Job offer (since the Job offer from 2018 is still valid and I am employed on that Job and it is ongoing)
No, old job offers are not what IRCC is looking for here. You will need a new written offer of FUTURE employment (for at least one year after you become a permanent resident).

- Approved LMIA points (since my original WP was based on a approved LMIA)
There are no "LMIA points". And that work permit has expired, so it would no longer valid to use for your claim of having a valid job offer. You are currently on an LMIA-exempt work permit, so you have to meet those criteria.

- 1 Year work exp (since I am employed with the same employer whose name is on the WP since last 1 year +)
That is a requirement of having a valid job offer when you are currently on an LMIA-exempt work permit, so that will help.

SO - depending on the content of the letter used to get your new work permit in March 2019 (how long was the appointment?), you might be able to use that letter as your job offer letter. But if your employer is supportive, it is better to just get the letter that IRCC asks for - an offer of future employment (lasting at least one year) upon your obtaining permanent resident status.

 

[OldH1B]

Thanks Jes_ON
My comments inline

ok, hmmm - You appear to be confusing some of the requirements to have a valid job offer with having points. Those categories do not each correspond to points under the comprehensive ranking system.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/criteria-comprehensive-ranking-system/grid.html

I think what you are asking is, are you eligible for the bonus 200 points for having a valid job offer. Yes. I would like to know if I will get the points for the Job offer, since I still have the Job offer, technically I have accepted the offer and am working in the said job.

- Valid Job offer (since the Job offer from 2018 is still valid and I am employed on that Job and it is ongoing)
No, old job offers are not what IRCC is looking for here. You will need a new written offer of FUTURE employment (for at least one year after you become a permanent resident). Would you have a template on what this letter should contain? My employer is cooperative. They would not have any issues on issuing any letter containing specific verbiage. The current letter which I have from them mentions my roles and responsibilities as per the NOC code and also mentions that I am working Full time since March 2018 at so and so role and work 40 hours per week full time. Will this itself suffice for FUTURE employment as you mentioned above?

- Approved LMIA points (since my original WP was based on a approved LMIA)
There are no "LMIA points". And that work permit has expired, so it would no longer valid to use for your claim of having a valid job offer. You are currently on an LMIA-exempt work permit, so you have to meet those criteria.

- 1 Year work exp (since I am employed with the same employer whose name is on the WP since last 1 year +)
That is a requirement of having a valid job offer when you are currently on an LMIA-exempt work permit, so that will help.

SO - depending on the content of the letter used to get your new work permit in March 2019 (how long was the appointment? the new WP issued is for 2 years, old WP was for one year), you might be able to use that letter as your job offer letter - I am sorry but you mentioned the letter used to get my new WP. My new WP was filed by an attorney. I do not have any letter with me which was used to issue my WP as such. But if your employer is supportive, it is better to just get the letter that IRCC asks for - an offer of future employment (lasting at least one year) upon your obtaining permanent resident status. I will google it up as well to find what needs to be printed in the letter to make it Future employment

On my EE profile I see
I got 35 points for CRS - Human Capital - Canadian Work Experience
and 50 points for CRS - Arranged Employment

I checked my invitation and I see that it says Valid Job Offer - Not applicable. I do however remember distinctly that I wrote YES for the following questions while creating the profile

1. Do you have a Valid Job Offer? - Yes
2. Is it LMIA approved - Yes
3. 1 Years Canada exp - Yes

Even then my point score is above the latest draw

I also read this - http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1011&top=29

I am working in Canada on a valid work permit. Does this count as a job offer?
No, a work permit is not a job offer. A job offer is valid if your current or future employer:

• has made a written offer to give you a full-time, non-seasonal job for one year or more if you are accepted as a permanent resident and
• has a positive Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (or the job is LMIA-exempt)

This is true whether you are working in Canada or not.

There are only two reasons that an employer making you a job offer does not need to get a new LMIA:

• if you are already working for them with a work permit based on that LMIA
• if you work in a job that does not need an LMIA.

Find out more about what makes a job offer valid.

 

[OldH1B]

One more thing - If I attach my current WP which is valid till 2021 will that suffice to prove that my employment is permanent for minimum one year in the future?
Even if I don't get a PR I am still eligible to work in Canada legally until 2021. To me that is as good as PERMANENT FULL TIME EMPLOYMENT FOR MINIMUM ONE YEAR.

My employer's name is endorsed on the WP, It is a closed WP.

What do you say Jes?

 

[jes_ON]

One more thing - If I attach my current WP which is valid till 2021 will that suffice to prove that my employment is permanent for minimum one year in the future?

NO. As noted above, a work permit is not a job offer. Please re-read what you posted above.

Even if I don't get a PR I am still eligible to work in Canada legally until 2021. To me that is as good as PERMANENT FULL TIME EMPLOYMENT FOR MINIMUM ONE YEAR.

Good for you. But that is not a job offer letter.

My employer's name is endorsed on the WP, It is a closed WP.

What do you say Jes?

It is not up to me. I don´t make the rules, you don´t make the rules. IRCC does. I have told you what IRCC wants.

 

[OldH1B]

Fair enough.
So a letter stating XYZ has been working FULL TIME ON PERMANENT ROLE 40 Hours per week since March 2018 and has CONFIRMED EMPLOYMENT without any END DATE in future, would that do?

Still searching for that format of the FUTURE EMPLOYMENT letter format as you mentioned. Do you have any format off the internet?


Thanks

 

[jes_ON]

I think what you are asking is, are you eligible for the bonus 200 points for having a valid job offer. Yes. I would like to know if I will get the points for the Job offer, since I still have the Job offer, technically I have accepted the offer and am working in the said job.

As previously stated, if you can get the job offer letter from your employer, you would have a valid job offer.

- Valid Job offer (since the Job offer from 2018 is still valid and I am employed on that Job and it is ongoing)
No, old job offers are not what IRCC is looking for here. You will need a new written offer of FUTURE employment (for at least one year after you become a permanent resident). Would you have a template on what this letter should contain? My employer is cooperative. They would not have any issues on issuing any letter containing specific verbiage. The current letter which I have from them mentions my roles and responsibilities as per the NOC code and also mentions that I am working Full time since March 2018 at so and so role and work 40 hours per week full time. Will this itself suffice for FUTURE employment as you mentioned above?
Possibly, but you haven´t indicated a period of future employment. (if it states that it is permanent employment, or a contract of least 2 years, then it will suffice).

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

• "have a valid job offer from that employer for at least one year after we issue your permanent resident visa"

If your employer adds verbiage like "Mr. OldH1b´s employment will be permanent upon attaining permanent resident status in Canada" or something like that, it should work. You will have to upload it twice, tho. Sometimes it´s just easier and more clear to get a separate job offer letter.
--------------------------

 

[jes_ON]

Fair enough.
So a letter stating XYZ has been working FULL TIME ON PERMANENT ROLE 40 Hours per week since March 2018 and has CONFIRMED EMPLOYMENT without any END DATE in future, would that do?

Still searching for that format of the FUTURE EMPLOYMENT letter format as you mentioned. Do you have any format off the internet?

There is no format, it is a job offer letter, your employer apparently knows how to write one It can say that the offer is valid upon your becoming a permanent resident, for a period of .... one or more years, or it can be "permanent employment".

 

[OldH1B]

Thanks Jes, this is helpful. I will ask my employer to add this verbiage to the letter and issue it again.

 

[OldH1B]

Perfect! Thanks

I do have one more following question, slightly different. Please let me know if my understanding is correct?

This is my work history in my EE profile
2013 - 2017 Employer A
2017 - 2018 Employer B
2018 - Current Employer C

On the documents upload section I have 5 sections

1.) Offer of employment - I believe this is Employer C's letter which you mentioned above should explicitly say PERMANENT and VALID for 2 years or more
2.) Employer Records - This would be supporting documents from Employer C (Current Employer, Pay stubs, T4 etc)
3.) Employer Records 2 - This would be supporting documents from Employer B (Previous Employer, Pay stubs, T4 etc, Joining letter, relieving letter),
4.) Employer Records 3 - This would be supporting documents from Employer A (Previous to Previous Employer, Pay stubs, T4 etc, Joining letter, relieving letter)
5.) Letter of Employment - Again this would be a letter from Employer A (Current Employer) but how would it be different from 1 and 2?

Can you explain please?

Thanks in advance.

 

[OldH1B]

I got the new letter from my employer confirming my employment history and also mentioning that the offer still holds valid for minimum 1 year if I were to be granted PR.