EXPRESS ENTRY realted questions for PGWP Holders/CEC category

[Mitdig]

Need Help!

I am very confused with the new process. I have a PGWP and currently working with CIBC as a full time employee - have job offer with LMIA exemption. So LMIA was never done by the employer. While submitting the Express Entry profile, I answered YES for having a job offer and answered NO for "positive LMIA response".

So I did not get 600 points. At the top of that, I received an email saying that since I do not have a valid job offer (arranged job) I need complete job bank registration to activate my profile.

Did anyone else, PGWP holder having a full time job and eligible for CEC, got the same response?

 

[susana]

Need Help!

I am very confused with the new process. I have a PGWP and currently working with CIBC as a full time employee - have job offer with LMIA exemption. So LMIA was never done by the employer. While submitting the Express Entry profile, I answered YES for having a job offer and answered NO for "positive LMIA response".

So I did not get 600 points. At the top of that, I received an email saying that since I do not have a valid job offer (arranged job) I need complete job bank registration to activate my profile.

Did anyone else, PGWP holder having a full time job and eligible for CEC, got the same response?

Everyone without a valid job offer must register in the job bank And won't get 600 points. Valid job offer MUST be supported by LMIA.

 

[powerpc]

Need Help!

I am very confused with the new process. I have a PGWP and currently working with CIBC as a full time employee - have job offer with LMIA exemption. So LMIA was never done by the employer. While submitting the Express Entry profile, I answered YES for having a job offer and answered NO for "positive LMIA response".

So I did not get 600 points. At the top of that, I received an email saying that since I do not have a valid job offer (arranged job) I need complete job bank registration to activate my profile.

Did anyone else, PGWP holder having a full time job and eligible for CEC, got the same response?

Hi,

My wife is on the same boat, the story is that her employer made her the permanent job offer prior to her employment, which wasn't supported by LMIA, obviously.

I don't think the current EE system considers all the cases, at least not for CEC. Clearly, this LMIA isn't very much applicable for workers under PGWP (for god's sake, we are already working full-time...).

I am hoping someone in this forum can raise this concerns to CIC office, and let them know the system is not being comprehensive. If CEC candidates are being ranked in such a way, I doubt there will be any CEC candidates can make the lotto the end of each month.

 

[marcus66502]

Hi Folks,

I am on PGWP and looking for full time permanent job in Alberta. I am little bit confused regarding LMIA.

1 . if company hire me as full time permanent. do i still need LMIA for 600 points ? or full time job offer means i auto eligible for 600 points ?

2. Do i still need to register for job bank account? if i already hired by someone


Please advise me,

Thanks,
Aliz

No company can offer you a permanent job since you're not a Canadian citizen or a permanent resident. You cannot work as you say "full time permanent" because you don't have permanent permission to work. Your work permit expires on a certain date and you cannot work after that date.

 

[marcus66502]

Hi,

My wife is on the same boat, the story is that her employer made her the permanent job offer prior to her employment, which wasn't supported by LMIA, obviously.

I don't think the current EE system considers all the cases, at least not for CEC. Clearly, this LMIA isn't very much applicable for workers under PGWP (for god's sake, we are already working full-time...).

I am hoping someone in this forum can raise this concerns to CIC office, and let them know the system is not being comprehensive. If CEC candidates are being ranked in such a way, I doubt there will be any CEC candidates can make the lotto the end of each month.

Your wife's employer did not make her a permanent job offer if she does not have permanent status. By law, employers can only hire you up until the expiration date of your work permit (see regulations on the Service Canada web page for this).

The LMIA is applicable to every worker, PGWP or not. The fact that you're working here is irrelevant. You did not have LMIA when you got your job and so there's no reason to exempt you from it now.

You want to write to CIC? Good. Do that. In fact, that's exactly how I want you to spend your life: writing letters to deaf ears and remaining deluded in thinking that CIC cares about what a foreigner wants.

 

[cec_hopeful]

No company can offer you a permanent job since you're not a Canadian citizen or a permanent resident. You cannot work as you say "full time permanent" because you don't have permanent permission to work. Your work permit expires on a certain date and you cannot work after that date.

i know a hundred people on work permits with permanent jobs, ofcourse without LMO

 

[canada_CEC2410]

Hi,

Can any one please clarify me what is meant by skill transferability in the spread sheet.

 

[doubleym]

i know a hundred people on work permits with permanent jobs, ofcourse without LMO

The term Permanent job is being misused in this sense, what people are referring to are jobs that aren't temporary by way of a contracted end date.

 

[mf4361]

The term Permanent job is being misused in this sense, what people are referring to are jobs that aren't temporary by way of a contracted end date.

It's not a misuse, it's only that guy misunderstood the term "permanent term jobs", as you say the employment has no end date. This is purely between employer/employee.

Whether the employee is allowed to work in Canada is another issue between employee and Govt. of Canada.

 

[marcus66502]

It's not a misuse, it's only that guy misunderstood the term "permanent term jobs", as you say the employment has no end date. This is purely between employer/employee.

Whether the employee is allowed to work in Canada is another issue between employee and Govt. of Canada.

I did not misunderstand the term at all.

This is also an issue between the employer and the Govt. of Canada in the sense that there are regulations that prohibit employers from continuing to employ foreign nationals beyond the expiration date of their work permit (and social insurance card). These are posted on Service Canada websites.

That being said, when employers make an offer of employment with no end date, it is (or should be) understood that they're offering employment ONLY for as long the candidate can legally work in Canada. So if you only have temporary permission to work, then your employment offer cannot be permanent.

Am I too fast for you?

 

[nettoyant]

I did not misunderstand the term at all.

This is also an issue between the employer and the Govt. of Canada in the sense that there are regulations that prohibit employers from continuing to employ foreign nationals beyond the expiration date of their work permit (and social insurance card). These are posted on Service Canada websites.

That being said, when employers make an offer of employment with no end date, it is (or should be) understood that they're offering employment ONLY for as long the candidate can legally work in Canada. So if you only have temporary permission to work, then your employment offer cannot be permanent.

Am I too fast for you?

I think the confusion is that most of the times the employer doesn't know exactly how immigration works and that they cannot offer a full time permanent position without a LMIA to a person who is not a PR or Citizen. It's an honest common mistake.

 

[doubleym]

I think the confusion is that most of the times the employer doesn't know exactly how immigration works and that they cannot offer a full time permanent position without a LMIA to a person who is not a PR or Citizen. It's an honest common mistake.

They can of course offer a permanent position to a temporary worker, if you have a job with no contracted end date it's permanent, whether or not you can maintain the legal status to continue in that role is another matter.
And remember, with an LMIA this goes hand in hand with a Temporary Work Permit so by your logic nobody can ever say that they have a permanent job offer until they are a PR/Citizen.

CIC are asking if you have been offered a full-time job, permanent job. Why would they want to allow immigrants in that have only been offered a temporary job, with a scheduled start/end date.

A permanent job is permanent up until you have no legal status to continue working, then it ends.

 

[marcus66502]

I think the confusion is that most of the times the employer doesn't know exactly how immigration works and that they cannot offer a full time permanent position without a LMIA to a person who is not a PR or Citizen. It's an honest common mistake.

Employers should know that they cannot employ a person on a work permit beyond the expiration date of the work permit, unless they have a new work permit with a future expiration date. That much is law.

Employers would know the employee's work permit expiration date since they have to see the work permit. They have to see the work permit because they are required by Social Insurance regulations to verify the employee's eligibility to work in Canada

 

[marcus66502]

They can of course offer a permanent position to a temporary worker, if you have a job with no contracted end date it's permanent, whether or not you can maintain the legal status to continue in that role is another matter.
And remember, with an LMIA this goes hand in hand with a Temporary Work Permit so by your logic nobody can ever say that they have a permanent job offer until they are a PR/Citizen.

That's exactly right!

I think we both know the issue here and we just keep spinning around it. When CIC says "permanent" job offer in relation to a foreign national, they mean a job offer which is permanent only if the foreign national is granted permanent residence. In this respect, employers would do well to add an explicit clause to any such job offer. The clause should say that the permanent offer of employment is conditional upon the candidate being successfully granted permanent residence.

In actual practice, nobody can work permanently in Canada except Canadian citizens and permanent residents. That much is iron-clad truth and there's no arguing about it.

 

[marcus66502]

By the way, did you know that a person whose Post Grad Work Permit is expiring can no longer extend or get a new Work Permit unless they have LMIA? This is true whether they're looking to extend the expiring permit or seek a new permit as a Temporary Worker.

Just in case you think I'm bullshi.tting you, check out the official link


http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

Viva LMIA