Does my job need to be LMIA ?

[urvish29]

Hello,

I graduated last year from one of the Toronto college and got three years open work permit. I am currenty working in my field with NOC B. They are offering a job letter declaring all wages and job duties. Do I need a LMIA approved job letter for CEC category ?

 

[scylla]

You don't need an LMIA to apply under CEC. But you do need an LMIA if you want to get job offer points.

 

[urvish29]

You don't need an LMIA to apply under CEC. But you do need an LMIA if you want to get job offer points.

In CRS calculator, this is the question "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 Skill Type 0, or Skill Level A or B in the 2011 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

How can I know if my job letter is exempt from needing LMIA?

 

[jes_ON]

You can claim job offer points as your work permit is LMIA exempt. .

This is not correct. Of course the open work permit is LMIA exempt, but that is not enough for it to be a valid job offer.

Some LMIA-exempt work permit holders CAN be eligible for the points, but their work permits must have their employer named on the permit, and they must have worked for that same employer for at least one year.

Employers are not named on PGWP permits. For PGWP holders, the employer must obtain an LMIA to meet the requirements of a "valid job offer".

http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

 

[scylla]

That's not true. I had an open work permit under IEC program and successfully claimed points for having valid job offer not backed by LMIA. I applied in Express Entry CEC stream. Points confirmed in GCMS notes. No employer was named on my work permit.

The officer processing your application made an error. You shouldn't have been awarded the points. Lucky the error wasn't caught.

 

[Hercaz]

In fact, I hadn't claimed it myself. I saw it in GCMS notes that I gained points for that. As a part of the application, I uploaded my work permit to prove my legal status in Canada and the current job to employment history. Anyway, thanks guys for clarifying this. I think you are right.

 

[jes_ON]

How can I know if my job letter is exempt from needing LMIA?[/QUOTE]

That's not true. I had an open work permit under IEC program and successfully claimed points for having valid job offer not backed by LMIA. I applied in Express Entry CEC stream. Points confirmed in GCMS notes. No employer was named on my work permit.

Then you got lucky (or applied before the rules were clarifed). Sometimes errors are made in favour of applicants. Others cannot count on IRCC making a similar error.

 

[urvish29]

In fact, I hadn't claimed it myself. I saw it in GCMS notes that I gained points for that. As a part of the application, I uploaded my work permit to prove my legal status in Canada and the current job to employment history. Anyway, thanks guys for clarifying this. I think you are right.

What did you select for valid job offer option as u said that u didnt clarify about it though u got the points.