Can a open work permit holder be a primary applicant in EE?

[jaka]

Hello,

I work for an IT firm, that is LMIA exempt, in open work permit in Canada. I also hold a valid job offer.
Can I be a primary applicant ? If yes, what should I answer for the questions :-

1) In the last ten years, how many years of skilled work experience in Canada do you have?
2) Do you have a valid job offer supported by a Labour Market Impact Assessment ?
3) Which NOC TEER is the job offer?

Please advise.

 

[scylla]

Hello,

I work for an IT firm, that is LMIA exempt, in open work permit in Canada. I also hold a valid job offer.
Can I be a primary applicant ? If yes, what should I answer for the questions :-

1) In the last ten years, how many years of skilled work experience in Canada do you have?
2) Do you have a valid job offer supported by a Labour Market Impact Assessment ?
3) Which NOC TEER is the job offer?

Please advise.

Yes - you can be the primary applicant. Note that you can only claim a job offer under Express Entry for the additional 50 points if your employer obtains an approved LMIA.

1) You should answer this question based on how many years of work experience you have in Canada.
2) As said above, your employer needs to obtain an approved LMIA in order for you to be able to claim job offer points under Express Entry. If your employer has obtained an approved LMIA, then the answer to this question is yes. If your employer has not obtained an approved LMIA, then you do not have a job offer. You should answer "no" to the job offer question as well as this question.
3) You need to determine this yourself based on your job.

 

[jaka]

Thank you so much for the information. I have 1 year of experience in IT firm, which is LMIA exempt within Canada.

With regards to the question below, I believe I can claim the 50 points on the Job offer. Please feel to correct my understanding.

"Do you have a valid job offer supported by a Labour Market Impact Assessment (if needed)?"
A valid job offer must be

• full-time
• in a skilled job listed as TEER 0, 1, 2 or 3 in the 2021 National Occupational Classification
• supported by a Labour Market Impact Assessment (LMIA) or exempt from needing one
• for one year from the time you become a permanent resident"

Your employer doesn’t need an LMIA to support your job offer if:

1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
2. you have a valid job offer, and
3. you have a valid work permit that is exempt from an LMIA under:
   • an international agreement
   • a federal-provincial agreement
   • the “Canadian interests” category"

 

[Naturgrl]

Thank you so much for the information. I have 1 year of experience in IT firm, which is LMIA exempt within Canada.

With regards to the question below, I believe I can claim the 50 points on the Job offer. Please feel to correct my understanding.

"Do you have a valid job offer supported by a Labour Market Impact Assessment (if needed)?"
A valid job offer must be

• full-time
• in a skilled job listed as TEER 0, 1, 2 or 3 in the 2021 National Occupational Classification
• supported by a Labour Market Impact Assessment (LMIA) or exempt from needing one
• for one year from the time you become a permanent resident"

Your employer doesn’t need an LMIA to support your job offer if:

1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
2. you have a valid job offer, and
3. you have a valid work permit that is exempt from an LMIA under:
   • an international agreement
   • a federal-provincial agreement
   • the “Canadian interests” category"

What type of open work permit - PGWP? If you are on a LMIA exempt permit, you would be on a closed work permit with an employer named on your work permit (point 1).

 

[scylla]

Thank you so much for the information. I have 1 year of experience in IT firm, which is LMIA exempt within Canada.

With regards to the question below, I believe I can claim the 50 points on the Job offer. Please feel to correct my understanding.

"Do you have a valid job offer supported by a Labour Market Impact Assessment (if needed)?"
A valid job offer must be

• full-time
• in a skilled job listed as TEER 0, 1, 2 or 3 in the 2021 National Occupational Classification
• supported by a Labour Market Impact Assessment (LMIA) or exempt from needing one
• for one year from the time you become a permanent resident"

Your employer doesn’t need an LMIA to support your job offer if:

1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
2. you have a valid job offer, and
3. you have a valid work permit that is exempt from an LMIA under:
   • an international agreement
   • a federal-provincial agreement
   • the “Canadian interests” category"

You do not qualify for the 50 points. Your employer must be listed on your work permit per the first rule you've quoted. You have no employer listed on your work permit so this rule does not apply to you. It applies to scenarios where someone is on an LMIA exempt closed work permit such as an ICT.

 

[jaka]

Thank you, this information was so helpful. I hope I am eligible for CEC.