+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Do open work permit need LMIA?

Divakrn

Member
Aug 20, 2021
14
0
Hi
We live in Quebec

Our score is 482 keeping me as the primary applicant but 493 keeping my wife as primary applicant.

We both work and have over an year experience in Canada.
I’m in closed work permit and my wife is working in open work permit.
We both are working in IT, Me in managers category and my wife in information tech category.

Now the profile we have created is keeping me as primary applicant with 482 score.

Shall we create another profile with my wife as primary applicant so we get 493 score and withdraw my profile if we get elected in next draw?

Do we have to get LMIA for my wife since she is working in open work permit to be eligible for EE?
 

scylla

VIP Member
Jun 8, 2010
93,616
20,921
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
Hi
We live in Quebec

Our score is 482 keeping me as the primary applicant but 493 keeping my wife as primary applicant.

We both work and have over an year experience in Canada.
I’m in closed work permit and my wife is working in open work permit.
We both are working in IT, Me in managers category and my wife in information tech category.

Now the profile we have created is keeping me as primary applicant with 482 score.

Shall we create another profile with my wife as primary applicant so we get 493 score and withdraw my profile if we get elected in next draw?

Do we have to get LMIA for my wife since she is working in open work permit to be eligible for EE?
Yes, you should create a profile with your wife as the primary applicant. There is no need to withdraw your profile. Both of you can have EE profiles.

No, your wife does not need an LMIA to be eligible for EE. However she cannot claim the 50 job offer points.
 
  • Like
Reactions: Divakrn

Divakrn

Member
Aug 20, 2021
14
0
Yes, you should create a profile with your wife as the primary applicant. There is no need to withdraw your profile. Both of you can have EE profiles.

No, your wife does not need an LMIA to be eligible for EE. However she cannot claim the 50 job offer points.
Thank you for the quick response.
Even she is already in a job or has a job offer it won’t count?
 

scylla

VIP Member
Jun 8, 2010
93,616
20,921
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
Thank you for the quick response.
Even she is already in a job or has a job offer it won’t count?
Because she is on an open work permit, she cannot claim the 50 job offer points without an approved LMIA. If she wants to claim the 50 job offer points, her employer needs to obtain an approved LMIA.

Does she still have 493 points without counting the 50 points for having a job offer?
 
  • Like
Reactions: Divakrn

Divakrn

Member
Aug 20, 2021
14
0
493 is with the job offer.
we will try to find if we can get the LMIA from her company.

One more question, her birthday is coming next month. Will it impact the points in my profile where she is tagged as dependent?
 

scylla

VIP Member
Jun 8, 2010
93,616
20,921
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
493 is with the job offer.
we will try to find if we can get the LMIA from her company.

One more question, her birthday is coming next month. Will it impact the points in my profile where she is tagged as dependent?
OK - so in that case her score is 443 and not 493.

Her age will not impact your profile.
 
  • Like
Reactions: Divakrn

Naturgrl

VIP Member
Apr 5, 2020
41,239
8,532
493 is with the job offer.
we will try to find if we can get the LMIA from her company.

One more question, her birthday is coming next month. Will it impact the points in my profile where she is tagged as dependent?
The company will want to review LMIA requirements. Not sure when she started but employer will have to repost job and restart the hiring process to prove no one in Canada with PR or citizen can do the job.
 
  • Like
Reactions: Divakrn