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Do I have Arranged Employment

gang_gg

Full Member
Mar 30, 2018
21
0
"LMIA-exempt job offers – Skilled immigrants (Express Entry)
In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer. Some jobs are exempt from needing an LMIA.

For Express Entry, your employer doesn’t need an LMIA if you:

  1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work) "
Thats what the link I read on the CIC website says...so thats why I am asking why does my employer need an LMIA
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
"LMIA-exempt job offers – Skilled immigrants (Express Entry)
In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer. Some jobs are exempt from needing an LMIA.

For Express Entry, your employer doesn’t need an LMIA if you:

  1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work) "
Thats what the link I read on the CIC website says...so thats why I am asking why does my employer need an LMIA
Because you're trying to claim points for arranged employment.
 
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gang_gg

Full Member
Mar 30, 2018
21
0
Okay, so I will mention to my employers that they need to apply for a LMIA.
However during that period of time, I can still continue working for the employer right?
I have a PGWP that is LMIA exempt which got me the job. Therefore, no LMIA was required and I was eligible to work as soon as I received my work permit.

Anyone have some input on this?
 

limin_w

Hero Member
Jul 17, 2017
223
62
Okay, so I will mention to my employers that they need to apply for a LMIA.
However during that period of time, I can still continue working for the employer right?
I have a PGWP that is LMIA exempt which got me the job. Therefore, no LMIA was required and I was eligible to work as soon as I received my work permit.

Anyone have some input on this?
Most employers do not want to get LMIA for you. Try not to go through that path. For now, you need to worry why you didn’t get points for your Canadian education. You must filled one of the area on the profile wrong or your education program does not give you points (more than half is ESL, less than x months/yrs, not from a designated learning institutions etc)
Once you figure that out, check your CRS points. If not enough, study for IELTS and max out the language points.
 

gang_gg

Full Member
Mar 30, 2018
21
0
Most employers do not want to get LMIA for you. Try not to go through that path. For now, you need to worry why you didn’t get points for your Canadian education. You must filled one of the area on the profile wrong or your education program does not give you points (more than half is ESL, less than x months/yrs, not from a designated learning institutions etc)
Once you figure that out, check your CRS points. If not enough, study for IELTS and max out the language points.
I have got the points for my Canadian education. And will study for IELTS and try max out the language points however I will still not have above 410 points. Therefore I need the Job offer points
 

gang_gg

Full Member
Mar 30, 2018
21
0
I currently have a PGWP that expires at the end of 2019.
I am eligible to apply for the Express entry and so now I have. applied While my employers apply for an LMIA and explain why they hired me over a Canadian or Permanent resident can I continue working in the same position as I am now?
Kindly explain

Thanks
 

limin_w

Hero Member
Jul 17, 2017
223
62
I currently have a PGWP that expires at the end of 2019.
I am eligible to apply for the Express entry and so now I have. applied While my employers apply for an LMIA and explain why they hired me over a Canadian or Permanent resident can I continue working in the same position as I am now?
Kindly explain

Thanks
I believe so... but not 100% sure. Better ask a consultant/lawyer?
 

gang_gg

Full Member
Mar 30, 2018
21
0
"When you get your LMIA, you will need to give the LMIA number to the candidate.

You do not need to get an LMIA if:

  1. the candidate is already working temporarily in Canada in a NOC 0, A or B job for you or your company, and you
    • supported their work permit application with an LMIA and
    • now want to extend a one year job offer to them after they get their permanent resident visa.
  2. the candidate:
    • is currently working temporarily in Canada
    • has a valid work permit for a NOC 0, A or B job with your or your company’s name on it and was exempt from an LMIA under
      • an international agreement (such as the North America Free Trade Agreement)
      • a federal-provincial agreement OR
      • the "Canadian interests" category and
    • has one year of full-time work experience (or an equal amount of part-time work) for you or your company.
Tell your candidate to create an Express Entry profile or update their existing one in their account with the:

  • employer name and address
  • start date
  • LMIA number (if this applies) and
  • NOC Code related to the job
Most foreign workers can work temporarily in Canada while we process their application for permanent residence. They would need a separate temporary work permit application and processing fee. If they are already working here, they can keep doing so.

Employers must also pay the regular LMIA processing fee to support a temporary work permit application. There are no fees for an LMIA supporting an application for permanent residence."

I know I am asking this again, but why do I need an LMIA, if I have already have 1 year of experience and have a Valid PGWP which makes me LMIA exempt.

Thank you everyone for being so kind and patient in educating me in this confusing topic.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
"When you get your LMIA, you will need to give the LMIA number to the candidate.

You do not need to get an LMIA if:

  1. the candidate is already working temporarily in Canada in a NOC 0, A or B job for you or your company, and you
    • supported their work permit application with an LMIA and
    • now want to extend a one year job offer to them after they get their permanent resident visa.
  2. the candidate:
    • is currently working temporarily in Canada
    • has a valid work permit for a NOC 0, A or B job with your or your company’s name on it and was exempt from an LMIA under
      • an international agreement (such as the North America Free Trade Agreement)
      • a federal-provincial agreement OR
      • the "Canadian interests" category and
    • has one year of full-time work experience (or an equal amount of part-time work) for you or your company.
Tell your candidate to create an Express Entry profile or update their existing one in their account with the:

  • employer name and address
  • start date
  • LMIA number (if this applies) and
  • NOC Code related to the job
Most foreign workers can work temporarily in Canada while we process their application for permanent residence. They would need a separate temporary work permit application and processing fee. If they are already working here, they can keep doing so.

Employers must also pay the regular LMIA processing fee to support a temporary work permit application. There are no fees for an LMIA supporting an application for permanent residence."

I know I am asking this again, but why do I need an LMIA, if I have already have 1 year of experience and have a Valid PGWP which makes me LMIA exempt.

Thank you everyone for being so kind and patient in educating me in this confusing topic.
I'll copy + paste my previous answer as this has already been addressed.

"Because only LMIA exempt work permits that are employer specific (closed work permits) can qualify.
You're working on an open work permit"

Please feel free to try to claim those points with an open work permit, see how it goes.
 

limin_w

Hero Member
Jul 17, 2017
223
62
I'll copy + paste my previous answer as this has already been addressed.

"Because only LMIA exempt work permits that are employer specific (closed work permits) can qualify.
You're working on an open work permit"

Please feel free to try to claim those points with an open work permit, see how it goes.
@gang_gg I feel everyone on this thread is trying to convince you of something that is stated very clear on IRCC's website. I am on PGWP as well and that does not count as LMIIA exempt. Please read more on IRCC's website on this topic. I bet my life that if you proceed with claiming the points with your situation, you will be rejected.

Here is a link that might help you understand better. Make sure to also read the links included on that page.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29
 

ajithj

Hero Member
May 1, 2015
405
146
Canada
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2173
App. Filed.......
2017-Mar
AOR Received.
2017-Mar
Med's Request
Upfront
Med's Done....
2017-Mar
Passport Req..
2017-May
LANDED..........
2017-Jun
@gang_gg read the highlighted part one more time:

"the candidate:
  • is currently working temporarily in Canada
  • has a valid work permit for a NOC 0, A or B job with your or your company’s name on it and was exempt from an LMIA under"

Only closed work permit will have company name on the work permit. Open work permit (like PGWP) does not have your company name on the work permit. Hence you cannot claim job offer points.
 

gang_gg

Full Member
Mar 30, 2018
21
0
Now how does my employer obtain an LMIA if I've already been working here for a year?

Can anyone please explain that.
 

scylla

VIP Member
Jun 8, 2010
93,200
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Now how does my employer obtain an LMIA if I've already been working here for a year?

Can anyone please explain that.
I provided you with this information through private messaging days ago. You know the job has to be advertised and you also have the link to the LMIA instructions page for your employer. Not sure what more you are looking for.