Apply For Express Entry Under Experience Class - Holding Spousal Open Work Permit

[SUBHASIS RAHA]

I had 1-year Canadian work experience in Quebec (LMIA Exempt, Closed Work Permit , NOC A).
Now I am holding Spousal Open Work Permit and residing in Canada. If I will get a job in Canada outside Quebec (Valid 1Year+) based on my spousal open work permit then will my new job offer letter can be submitted for CRS score and create weightage in Express Entry Profile? ... Kindly suggest.

 

[jes_ON]

I had 1-year Canadian work experience in Quebec (LMIA Exempt, Closed Work Permit , NOC A).
Now I am holding Spousal Open Work Permit and residing in Canada. If I will get a job in Canada outside Quebec (Valid 1Year+) based on my spousal open work permit then will my new job offer letter can be submitted for CRS score and create weightage in Express Entry Profile? ... Kindly suggest.

No, unfortunately. Since you are now on an open work permit, you would need an LMIA to be eligible for the points for having a valid job offer.

 

[SUBHASIS RAHA]

Thanks for the information. I would like to rephrase the query.

If I am having a Closed Work Permit (Intra Company Transfer) [INDIA To Canada] and completing my 1-year work in Canada under exempt work permit NOC- A, as a continuation in Canada my spouse got an LMIA job in Canada and I applied for a spousal dependent open work permit but I am still continuing with my same organization even switching from closed ICT work permit to dependent open work permit. In those circumstances, I will get 1-year experience while holding Closed Work Permit. Now when I will apply for Candian Experience Class then the same job that I am continuing, will that be still counted as LMIA exempt offer (my base employment will still be in INDIA and I am working in Canada as Intra Company Transferred) or will be treated separately as I am changing my closed work permit to dependent open work permit.

I know it is a little complicated, but a suggestion will be highly appreciated.

 

[scylla]

Thanks for the information. I would like to rephrase the query.

If I am having a Closed Work Permit (Intra Company Transfer) [INDIA To Canada] and completing my 1-year work in Canada under exempt work permit NOC- A, as a continuation in Canada my spouse got an LMIA job in Canada and I applied for a spousal dependent open work permit but I am still continuing with my same organization even switching from closed ICT work permit to dependent open work permit. In those circumstances, I will get 1-year experience while holding Closed Work Permit. Now when I will apply for Candian Experience Class then the same job that I am continuing, will that be still counted as LMIA exempt offer (my base employment will still be in INDIA and I am working in Canada as Intra Company Transferred) or will be treated separately as I am changing my closed work permit to dependent open work permit.

I know it is a little complicated, but a suggestion will be highly appreciated.

You need an approved LMIA to get the 50 job offer points. If you are holding a SOWP, the you cannot claim job offer points without an approved LMIA because there is no employer named on your work permit.

 

[SUBHASIS RAHA]

So, if I am understanding correctly. LMIA Exempt jobs are always tagged with LMIA Exempt Work Permits and can not be correlated as Open Work Permit + LMIA Exempt Job offer?

If in the best-case scenario, if I will get a new job from the market then I still have to request a new employer for supporting me with LMIA. Is this a common procedure that any employee of a Canadian company supporting NOC 0,A,B type of work can request their employer to support with an LMIA during their work tenure which can support CRS. Or I have to look for LMIA approved job offers (if any position available) and then join a new organization, which can boost my CRS score.

Do, I need to appoint a lawyer to get all the detail clarified or any website link available which can have all the necessary clarity.

 

[scylla]

So, if I am understanding correctly. LMIA Exempt jobs are always tagged with LMIA Exempt Work Permits and can not be correlated as Open Work Permit + LMIA Exempt Job offer?

If in the best-case scenario, if I will get a new job from the market then I still have to request a new employer for supporting me with LMIA. Is this a common procedure that any employee of a Canadian company supporting NOC 0,A,B type of work can request their employer to support with an LMIA during their work tenure which can support CRS. Or I have to look for LMIA approved job offers (if any position available) and then join a new organization, which can boost my CRS score.

Do, I need to appoint a lawyer to get all the detail clarified or any website link available which can have all the necessary clarity.

Your first sentence isn't entirely clear. If you are asking if IRCC will know you hold an open work permit with no employer named, then yes they will. You can't get 50 job offer points with an open work permit unless you also have an approved LMIA.

Yes, if you get a new job offer, the employer needs to obtain an approved LMIA. I would not say this is a common procedure. Many employers may not be familiar with it or may not be willing to go through it due to the amount of work required.

Information on what an employer needs to do to obtain an approved LMIA can be found here:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

 

[jes_ON]

So, if I am understanding correctly. LMIA Exempt jobs are always tagged with LMIA Exempt Work Permits and can not be correlated as Open Work Permit + LMIA Exempt Job offer?

Not sure what you are asking. LMIA-exempt work permits can be either open or closed, where closed work permits have the employer named on the permit and the holder cannot change jobs without obtaining a new work permit. Those with closed, LMIA-exempt work permits MAY be eligible to claim the points for a valid job offer, if they can meet the other requirements as well. Open work permit holders are not employer-specific, so require an LMIA to be eligible for the valid job offer points.

If in the best-case scenario, if I will get a new job from the market then I still have to request a new employer for supporting me with LMIA. Is this a common procedure that any employee of a Canadian company supporting NOC 0,A,B type of work can request their employer to support with an LMIA during their work tenure which can support CRS. Or I have to look for LMIA approved job offers (if any position available) and then join a new organization, which can boost my CRS score.

There are two types of LMIA, although the application process is the same PITA - one is to support a temporary work permit application, costs CAD 1,000 and can also be used to support PR applications. The other is to support PR applications only, and has no fee. So to answer your question, the fee-free LMIA is a good option for open work permit holders, but it does require an employer being willing to support the process.

Do, I need to appoint a lawyer to get all the detail clarified or any website link available which can have all the necessary clarity.
All the information you need to apply for PR is on the IRCC website. scylla has given the link for the LMIA. The rest is entirely up to you.