Has XY been working full time for the employer on their current work permit for at least 1 year?

[sandra02]

I have a question again Different immigration consultant gave different answers. I have been working for Z employer since 2016 april on open work permit. Z company got LMIA, I applied for closed work permit last weekend. From July I will start my LMIA based job with the same employer, same NOC, little bit different duties and higher salary.
I will submit my application in the middle of July. So I will have been working to the same employer more than 1 year but not on the current work permit. This is a new work permit, but same employer... What is the correct answer?
One consultant said YES, one said NO is the correct answer.

 

[tonatihu]

Hi!
I am in a very similar situation, except that I don't have a LMIA, but my work permit is LMIA exempt due to an international agreement.

I have been working for my employer for more than a year now on an open work permit. Recently I was issued a new employer-specific LMIA exempt work permit.

On this link (LMIA-exempt job offers ), they state: "your employer doesn’t need an LMIA if you have been working full-time for the employer on your work permit for at least one year"
http://www.cic.gc.ca/english/immigrate/skilled/exempt.asp

While in this other (Offer of employment ): "[A job offer is valid] if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you have one year of full-time work experience (or an equal amount of part-time work) for that employer"
http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

Is it correct my answer as a "No"? Or should I change it as a "Yes" since I have more than one year of experience with my employer even when is not with my newest work permit?

 

[sandra02]

Hi. The answer is YES, this way you can get 50 extra points. The main thing that you have been working for the same employer for more than 1 years.
There is an other question which asks about your work permit.

 

[ajithj]

Hi!
I am in a very similar situation, except that I don't have a LMIA, but my work permit is LMIA exempt due to an international agreement.

I have been working for my employer for more than a year now on an open work permit. Recently I was issued a new employer-specific LMIA exempt work permit.

On this link (LMIA-exempt job offers ), they state: "your employer doesn’t need an LMIA if you have been working full-time for the employer on your work permit for at least one year"
http://www.cic.gc.ca/english/immigrate/skilled/exempt.asp

While in this other (Offer of employment ): "[A job offer is valid] if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you have one year of full-time work experience (or an equal amount of part-time work) for that employer"
http://www.cic.gc.ca/english/immigrate/skilled/offer.asp

Is it correct my answer as a "No"? Or should I change it as a "Yes" since I have more than one year of experience with my employer even when is not with my newest work permit?

Your answer should be NO. You can select YES only if you have completed 1 year under LMIA exempt work permit.

 

[ajithj]

Hi. The answer is YES, this way you can get 50 extra points. The main thing that you have been working for the same employer for more than 1 years.
There is an other question which asks about your work permit.

No the work experience should be under LMIA exempt category. Work experience under open work permit do not qualify.

 

[ajithj]

I have a question again Different immigration consultant gave different answers. I have been working for Z employer since 2016 april on open work permit. Z company got LMIA, I applied for closed work permit last weekend. From July I will start my LMIA based job with the same employer, same NOC, little bit different duties and higher salary.
I will submit my application in the middle of July. So I will have been working to the same employer more than 1 year but not on the current work permit. This is a new work permit, but same employer... What is the correct answer?
One consultant said YES, one said NO is the correct answer.

You can claim 50 points since you have LMIA. Doesn't matter whether you worked for 1 year or less.

 

[sandra02]

No the work experience should be under LMIA exempt category. Work experience under open work permit do not qualify.

@Tonathiu said, that the work permit is LMIA exempt due to the international agreement. I do not know why that work permit was not empoyer specified. It should have been. LMIA exemp work permits based on international agreement are qualifield for the 50 points, if you work there more than a year. @Tonathiu has been working there more than a year. Did I miss information somewhere?

 

[sandra02]

You can claim 50 points since you have LMIA. Doesn't matter whether you worked for 1 year or less.

I answered yes, and i got ppr, so that answer was good in my case.

 

[ajithj]

@Tonathiu said, that the work permit is LMIA exempt due to the international agreement. I do not know why that work permit was not empoyer specified. It should have been. LMIA exemp work permits based on international agreement are qualifield for the 50 points, if you work there more than a year. @Tonathiu has been working there more than a year. Did I miss information somewhere?

I believe @Tonathiu said he/she was working for the employer under open work permit for 1 year. Then recently converted to closed LMIA exempt work permit.

One year experience should be under LMIA exempt work permit to qualify for points.

Open work permit is different from LMIA exempt work permit.

 

[sandra02]

I got it. @tonatihu, could you clarify what kind of work permit did you have during the one year period at the employer?

 

[tonatihu]

I had 2 different open work permits from Nov 2015 to Dec 2017.
I have worked for my current employer from March 2016 to date (October 2017).
I got a LMIA-exempt, employer-specific work permit for September 2017 to September 2019.

So ajithj, basically this statement:
"[A job offer is valid] if you have a valid work permit for a NOC 0, A or B job that is exempt from needing a LMIA, and you have one year of full-time work experience (or an equal amount of part-time work) for that employer"

Should say:
"[A job offer is valid] if you have a valid work permit for a NOC 0, A or B job that is exempt from needing a LMIA, and you have one year of full-time work experience (or an equal amount of part-time work) for that employer on such work permit"
Similar to the statement on the article that mentions when a LMIA is not required.

I have found information that an employer does not need a new LMIA if you have already worked for that employer on that work permit for a year. But I have not found information that a person needs a year of experience on their LMIA-exempt work permit to be awarded the points.

Thanks a lot for all your help and advice!

 

[sandra02]

What kind of work permit did you have from 2016 march to 2017 October? There are specified work permits which you can 50 points for. (LMIA-based, Nafta, ICT...) But I still think your answer is YES, but you have to be careful because the YES answer probably suggest that you claim 50 points. Do you want to get extra 50 points?

 

[tonatihu]

From 2016 March to 2017 October, I had 2 different open work permits. (From Nov 2015 to Dec 2016, and from Aug 2016 to Dec 2017).
But I have been working for the same employer for over a year since March 2016 (when they hired me).

Recently (September 2017), I was issued an employer-specific, LMIA-exempt (NAFTA) work permit for the same employer I have been working on ever since March 2016.

I do want the extra 50 points because right now I have 430. Lately, on the rounds of invitation, the points required had been around 440. The extra 50 points will easily get me an invitation.

Thanks again for your help.

 

[jonnnie23]

From 2016 March to 2017 October, I had 2 different open work permits. (From Nov 2015 to Dec 2016, and from Aug 2016 to Dec 2017).
But I have been working for the same employer for over a year since March 2016 (when they hired me).

Recently (September 2017), I was issued an employer-specific, LMIA-exempt (NAFTA) work permit for the same employer I have been working on ever since March 2016.

I do want the extra 50 points because right now I have 430. Lately, on the rounds of invitation, the points required had been around 440. The extra 50 points will easily get me an invitation.

Thanks again for your help.

@tonatihu hi, I am in the same position as yourself, did you apply to get your 50 points?

 

[tonatihu]

@tonatihu hi, I am in the same position as yourself, did you apply to get your 50 points?

Hello!

I am still unsure what to answer... I called the support number 1-888-242-2100 (in Canada only), told them what the situation was, and they advised me to open a ticket for a `technical difficulty`.
I just sent the information, and they say they will reply within 10 business days.

I'll post the what they answer here.