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Job offer for LMIA exemption work

provat.bh

Newbie
Apr 9, 2019
8
0
Dear forum members,
I'd like share a concern about LMIA exempt job offer (postdoc) that someone else might have experienced, and can shed some light into.

This is my second year of postdoc and my CRS is 424. I got another postdoc with a different employer that starts in a few months, and for at least 1 year, non-seasonal and full time. So I added it as job offer which raised the CRS to 474 and earned an ITA about 2 weeks ago.

At this stage however, filling in the "Intended work in Canada" makes further questions about the job offer like: Is the job offer mentioned on the current work permit. The answer is no because these are two different employers, and answering 'no' drops the score to 424. I'm wondering whether I'm missing something here or this is way LMIA exempt job holders are treated.

As an additional point, can I answer "yes" to the abovementioned question on the ground that the my employer is closely affiliated with the current one.

Thanks in advance for your insights...
 

youknowluke

Star Member
Jan 21, 2016
126
19
Calgary
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2242
AOR Received.
05-09-2018
Med's Done....
11-11-2018
Dear forum members,
I'd like share a concern about LMIA exempt job offer (postdoc) that someone else might have experienced, and can shed some light into.

This is my second year of postdoc and my CRS is 424. I got another postdoc with a different employer that starts in a few months, and for at least 1 year, non-seasonal and full time. So I added it as job offer which raised the CRS to 474 and earned an ITA about 2 weeks ago.

At this stage however, filling in the "Intended work in Canada" makes further questions about the job offer like: Is the job offer mentioned on the current work permit. The answer is no because these are two different employers, and answering 'no' drops the score to 424. I'm wondering whether I'm missing something here or this is way LMIA exempt job holders are treated.

As an additional point, can I answer "yes" to the abovementioned question on the ground that the my employer is closely affiliated with the current one.

Thanks in advance for your insights...
In most cases it asks follow up questions such as: Does your current employer have an LMIA or qualify for an LMIA exception? You then enter your LMIA exception code.

I would contact an immigration specialist if your in any doubt, as you don't want to over claim points it will end only in misery down the line so its worth definately checking in this case.
 
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jojee2k6

Hero Member
Sep 6, 2016
742
230
Dear forum members,
I'd like share a concern about LMIA exempt job offer (postdoc) that someone else might have experienced, and can shed some light into.

This is my second year of postdoc and my CRS is 424. I got another postdoc with a different employer that starts in a few months, and for at least 1 year, non-seasonal and full time. So I added it as job offer which raised the CRS to 474 and earned an ITA about 2 weeks ago.

At this stage however, filling in the "Intended work in Canada" makes further questions about the job offer like: Is the job offer mentioned on the current work permit. The answer is no because these are two different employers, and answering 'no' drops the score to 424. I'm wondering whether I'm missing something here or this is way LMIA exempt job holders are treated.

As an additional point, can I answer "yes" to the abovementioned question on the ground that the my employer is closely affiliated with the current one.

Thanks in advance for your insights...
May be I am wrong here, I think valid job offer for lmia exempt comes with an implication that you should have been working already for that employer since atleast a year, u can check further on this thread, and ask for experts opinions, as ur case is kind of different by having postdoc offer from two universities instead of having extended contract from same uni like in normal.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/tip-how-to-get-50-points-without-lmia.471565/
 
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provat.bh

Newbie
Apr 9, 2019
8
0
In most cases it asks follow up questions such as: Does your current employer have an LMIA or qualify for an LMIA exception? You then enter your LMIA exception code.

I would contact an immigration specialist if your in any doubt, as you don't want to over claim points it will end only in misery down the line so its worth definately checking in this case.
In most cases it asks follow up questions such as: Does your current employer have an LMIA or qualify for an LMIA exception? You then enter your LMIA exception code.

I would contact an immigration specialist if your in any doubt, as you don't want to over claim points it will end only in misery down the line so its worth definately checking in this case.
Thanks @youknowluke. That is exactly what I have been preparing for and got a new exemption code from the new employer, only to discover that it was an effort in vain. It seems there is serious lack of clarity and abundance of confusions in the current guidelines. Instead of attaching all those conditions like minimum 1Y, non-seasonal and full time, they should simply state that the job offer has to be from the current employer for whom the applicant has been working for 1Y and was offered an extension for 1Y more.
 

provat.bh

Newbie
Apr 9, 2019
8
0
May be I am wrong here, I think valid job offer for lmia exempt comes with an implication that you should have been working already for that employer since atleast a year, u can check further on this thread, and ask for experts opinions, as ur case is kind of different by having postdoc offer from two universities instead of having extended contract from same uni like in normal.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/tip-how-to-get-50-points-without-lmia.471565/
CIC doesn't mention that anywhere. Here are the current requirements for valid job offer:
What makes a job offer valid under Express Entry?
Generally, a valid offer is for a job that is: full-time and non-seasonal, for at least one year, in a skilled job listed as Skill Type 0, or Skill Level A or B in the 2016 National Occupational Classification.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29
 

youknowluke

Star Member
Jan 21, 2016
126
19
Calgary
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2242
AOR Received.
05-09-2018
Med's Done....
11-11-2018
CIC doesn't mention that anywhere. Here are the current requirements for valid job offer:
What makes a job offer valid under Express Entry?
Generally, a valid offer is for a job that is: full-time and non-seasonal, for at least one year, in a skilled job listed as Skill Type 0, or Skill Level A or B in the 2016 National Occupational Classification.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29
Hello if you read a little further you'll find it does need to have an LMIA even if its in a skilled class NOC A or B there are some exceptions you can search through them but it gets very sticky with that situation. I know its very expensive but I would seek a phone consultation with an immigration lawyer I paid between $500-$1000 for this. Its so much money but worth it. Also let me know if you want a recommendation I can give you a good one I used.

In most cases, a valid job offer must be supported by a Labour Market Impact Assessment (LMIA). The employer has to apply for one from Employment and Social Development Canada/Service Canada.

If they get a positive LMIA, they must give you a copy and a written job offer.

In some cases, your employer does not need an LMIA to support your job offer. Find out more about jobs that are exempt.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29
 
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provat.bh

Newbie
Apr 9, 2019
8
0
Hello if you read a little further you'll find it does need to have an LMIA even if its in a skilled class NOC A or B there are some exceptions you can search through them but it gets very sticky with that situation. I know its very expensive but I would seek a phone consultation with an immigration lawyer I paid between $500-$1000 for this. Its so much money but worth it.

In most cases, a valid job offer must be supported by a Labour Market Impact Assessment (LMIA). The employer has to apply for one from Employment and Social Development Canada/Service Canada.

If they get a positive LMIA, they must give you a copy and a written job offer.

In some cases, your employer does not need an LMIA to support your job offer. Find out more about jobs that are exempt.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29
Please see:
You should only answer “Yes” to the question “Does [your name] have a job offer in Canada?” if:
a Canadian employer (or up to two for the Federal Skilled Trades Program) has offered you a full-time, non-seasonal job for one year or more and that job offer is supported by an LMIA,
OR the job is exempt from needing an LMIA.
 

youknowluke

Star Member
Jan 21, 2016
126
19
Calgary
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2242
AOR Received.
05-09-2018
Med's Done....
11-11-2018
Please see:
You should only answer “Yes” to the question “Does [your name] have a job offer in Canada?” if:
a Canadian employer (or up to two for the Federal Skilled Trades Program) has offered you a full-time, non-seasonal job for one year or more and that job offer is supported by an LMIA,
OR the job is exempt from needing an LMIA.
I am really sorry but I cannot understand what you are trying to stay.

  • If it asks a question do you have a valid job offer? You must have an LMIA exception code or an LMIA to make it valid. As you are saying about LMIA exception for your job you need to check this with an immigration lawyer thats your only way to a for sure answer and that is what you need as you don't want to get this wrong your application will just be rejected. I can recommend one if you need but just bare in mind its expensive. Not many jobs qualify for an LMIA exception.
  • However you can claim your Canadian Work Experience for points regardless of LMIA.
  • Also note you will not qualify for a Bridging Work Permit if you are not working in a Skill A or B NOC so check the NOC of your job if you think your work permit may expire before getting PR.
Also please give us more information about your situation such as what job are you doing and claiming it may be LMIA exempt, your work experience in Canada and what category of express entry you are trying to apply for.
 

jojee2k6

Hero Member
Sep 6, 2016
742
230
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
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Job offer and VALID JOB OFFER both are different things, the latter give you 50 points but comes with clause in red above.....

This is my limited understanding......!
 
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jojee2k6

Hero Member
Sep 6, 2016
742
230
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provat.bh

Newbie
Apr 9, 2019
8
0
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
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Job offer and VALID JOB OFFER both are different things, the latter give you 50 points but comes with clause in red above.....

This is my limited understanding......!
Thanks jojee2k6, this clarifies the situation.
 

provat.bh

Newbie
Apr 9, 2019
8
0
I am really sorry but I cannot understand what you are trying to stay.

  • If it asks a question do you have a valid job offer? You must have an LMIA exception code or an LMIA to make it valid. As you are saying about LMIA exception for your job you need to check this with an immigration lawyer thats your only way to a for sure answer and that is what you need as you don't want to get this wrong your application will just be rejected. I can recommend one if you need but just bare in mind its expensive. Not many jobs qualify for an LMIA exception.
  • However you can claim your Canadian Work Experience for points regardless of LMIA.
  • Also note you will not qualify for a Bridging Work Permit if you are not working in a Skill A or B NOC so check the NOC of your job if you think your work permit may expire before getting PR.
Also please give us more information about your situation such as what job are you doing and claiming it may be LMIA exempt, your work experience in Canada and what category of express entry you are trying to apply for.
Thanks. Sorry if I'm not being to be see the points from the same angle.

I am applying under CEC, my NOC is 4011, have 1+ year of experience as a postdoc with a university, switching to another research institute affiliated with the current university. The new institute offered a contract for 2 years with a new LMIA exemption code.
The confusion is coming from the fact the conditions for "valid job offer" are not similar across the CIC literature. Sometimes it mentions just three conditions (1Y, non-seasonal and full time), which I satisfy, and sometimes there is an extra condition that I must have also worked for the employer for 1Y, a condition that I don't satisfy. I have worked 1+y for my current employer and the contract expires in a few months. Then I'll start the new job and wait for another year to be able to claim it as a valid job offer. I hope this clarifies the situation a bit...
 

arashvajdi

Newbie
Apr 21, 2019
5
0
Hi, I have a problem with the Express Entry form. I have a LMIA exempt code (C21 for IEC Open Work Permit) and got a job offer. According to the CIC guidelines, I should select that I have a LMIA in the form but when I select "Yes" it asks for LMIA Number and validity dates. Anyone knows what should I put in the LMIA Number field? btw, if I answer "No" to LMIA question, I won't get the job offer points but I'm eligible to get them.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi, I have a problem with the Express Entry form. I have a LMIA exempt code (C21 for IEC Open Work Permit) and got a job offer. According to the CIC guidelines, I should select that I have a LMIA in the form but when I select "Yes" it asks for LMIA Number and validity dates. Anyone knows what should I put in the LMIA Number field? btw, if I answer "No" to LMIA question, I won't get the job offer points but I'm eligible to get them.
Do you have a closed work permit through the Young Professional category?
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
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