Do I need a LMIA to apply for EE?

[Tyop]

I am currently working on a 2 year open work permit through IEC. I have been working in a skill level C job for 19 months. I have 4 months left on my visa. My employer wants to promote me to a skill level B role - in the federal skilled trade class.

Some relevant information:

'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 may be exempt from needing an LMIA for Express Entry if your current temporary job is LMIA-exempt, states a specific employer or employers (for skilled trade jobs, up to two employers can make a job offer), and is:

3. exempt for “Canadian interests” reasons:
reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries

ii International Experience Canada – a work abroad program for youth and young professionals'

As I understand the necessary 12 month work experience is not limited to a specific skill level.
So if my employer were to promote me then I wouldn't need a LMIA to apply for EE.

 

[scylla]

I am currently working on a 2 year open work permit through IEC. I have been working in a skill level C job for 19 months. I have 4 months left on my visa. My employer wants to promote me to a skill level B role - in the federal skilled trade class.

Some relevant information:

'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 may be exempt from needing an LMIA for Express Entry if your current temporary job is LMIA-exempt, states a specific employer or employers (for skilled trade jobs, up to two employers can make a job offer), and is:

3. exempt for “Canadian interests” reasons:
reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries

ii International Experience Canada – a work abroad program for youth and young professionals'

As I understand the necessary 12 month work experience is not limited to a specific skill level.
So if my employer were to promote me then I wouldn't need a LMIA to apply for EE.

It's not 100% clear what you are asking.

You don't need a job offer to apply for Express Entry. However you do need to have at least one year of NOC A, B or 0 work experience. If you only have the work experience in Canada, then you do not qualify to apply under Express Entry since you don't have at least one year of skilled work experience. If you have foreign (outside of Canada) work experience that is NOC A, B or 0 and this work experience is continuous (i.e. no breaks) and at least one year in length, then you can apply.

If you want to claim the 50 job offer points under Express Entry, then yes, your employer must obtain an approved LMIA. This is because you are on an open work permit with no employer named. Any exemptions to the LMIA rule don't apply to you since you are on an open work permit. You would need to be on a closed work permit with the employer named (e.g. ICT - intra company transfer) to benefit from an LMIA exemption as it relates to claiming the 50 job offer points.

 

[Tyop]

It's not 100% clear what you are asking.

You don't need a job offer to apply for Express Entry. However you do need to have at least one year of NOC A, B or 0 work experience. If you only have the work experience in Canada, then you do not qualify to apply under Express Entry since you don't have at least one year of skilled work experience. If you have foreign (outside of Canada) work experience that is NOC A, B or 0 and this work experience is continuous (i.e. no breaks) and at least one year in length, then you can apply.

If you want to claim the 50 job offer points under Express Entry, then yes, your employer must obtain an approved LMIA. This is because you are on an open work permit with no employer named. Any exemptions to the LMIA rule don't apply to you since you are on an open work permit. You would need to be on a closed work permit with the employer named (e.g. ICT - intra company transfer) to benefit from an LMIA exemption as it relates to claiming the 50 job offer points.

Thank you, you deciphered and answered my question!

 

[Tyop]

So the FST class requires 2 years of full time work experience within the last 5 years. Does this have to be directly related I.e. my job offer is for an appliance service tech role. Do I require 2 years experience in a job role titled appliance ST or will demonstrable skilled experience be sufficient?

Essentially my employer placed me in a hybrid training type position. But the job title falls under the Skill level C cat. They now want to promote me, now I am fully trained, and that position will be in a Skill level B cat. I have not gained formal qualifications just work experience. I have other relatable work experience too, undertaken in the last 5 years.

They are willing to support a LMIA application, but I want to be sure that its not a waste of time for any party involved.

Thanks for taking the time to read this

 

[scylla]

So the FST class requires 2 years of full time work experience within the last 5 years. Does this have to be directly related I.e. my job offer is for an appliance service tech role. Do I require 2 years experience in a job role titled appliance ST or will demonstrable skilled experience be sufficient?

Essentially my employer placed me in a hybrid training type position. But the job title falls under the Skill level C cat. They now want to promote me, now I am fully trained, and that position will be in a Skill level B cat. I have not gained formal qualifications just work experience. I have other relatable work experience too, undertaken in the last 5 years.

They are willing to support a LMIA application, but I want to be sure that its not a waste of time for any party involved.

Thanks for taking the time to read this

The 2 years of work experience needs to be in the skilled trade you are applying under.