LIMA exempt jobs- IEC visa

[johnpye]

Hi all

I am trying to plan ahead and calculate my potential points. Come September i will have 1 year of Canadian work experience with one employer in at NOC level B.

To the best of my knowledge and from i should be able to gain extra points if my employer will give me a job offer that matches this criteria ; A valid job offer has to be:

• made by one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• for at least one year after we issue your permanent resident visa
  • not seasonal
  • not on a contract basis
• in a job that is NOC:
  • Skill Type 0 or
  • Skill Levels A or B

And

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

So far so good and fairly easy to understand. I have a work permit IEC from the UK which i believe is exempt from a LIMA.

If you check this page: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment/lmia-exempt.html

It states:

For Express Entry, your employer doesn’t need an LMIA if you:

1. have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work) -
2. have a valid job offer, and
3. have a valid work permit that is exempt from an LMIA under
   • an international agreement
   • a federal-provincial agreement or
   • the “Canadian interests” category- it would be this category that i believe an IEC would fall under.

All of which i will have and latter on it clarifies what 'Canadian interests' are.

Jobs exempt from the LMIA
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:

1. covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders and investors.
2. covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.
3. exempt for “Canadian interests” reasons:
   1. “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
      1. general: Self-employed engineers, technical workers, creative and performing artists, etc.
      2. workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
      3. workers under Mobilité francophone
   2. reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
      1. general (such as professional coaches and athletes working for Canadian teams)
      2. International Experience Canada – a work abroad program for youth and young professionals
      3. people in exchange programs like professors and visiting lecturers
   3. designated by the Minister
      1. academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
      2. competitiveness and public policy
         • medical residents and fellows
         • post-doctoral fellows and people who have won academic awards from Canadian schools
   4. Charity and religious work (not including volunteers)

So it clearly states that IEC visa is would qualify for exemption, if i have a job offer that matches the previous criteria.

However this section: throws some doubt on that (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html)

Jobs exempt from needing an LMIA
There are only two reasons the employer making you the offer doesn’t need to get a new LMIA:

1. if you’re already working for them with a work permit based on that LMIA
2. if you work in a job that doesn’t need an LMIA

Please could someone confirm to me that my understanding is correct, i have seen some posts which indicate the IEC is not LIMA exempt- are i can't understand why given the information i have shared. Thanks for any help and light you can shed on the matter.

PS sorry for the long post

 

[DelPiero07]

What kind of work permit are you currently holding? open or closed?

 

[scylla]

What kind of work permit are you currently holding? open or closed?

Looks like it's a Working Holiday Visa (IEC) - so open work permit with no employer listed.

 

[DelPiero07]

Should I be the bearer of bad news then?

 

[scylla]

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

Have a read through the requirements again. There's an important requirement you don't meet since you hold a Working Holiday Visa which is an open work permit that doesn't specify an employer. I've bolded the important bit above.

 

[jes_ON]

To the best of my knowledge and from i should be able to gain extra points if my employer will give me a job offer that matches this criteria ; A valid job offer has to be:

• made by one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• for at least one year after we issue your permanent resident visa
  • not seasonal
  • not on a contract basis
• in a job that is NOC:
  • Skill Type 0 or
  • Skill Levels A or B

And

if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa

Alas, it all hinges on the type of IEC permit you have - I did not see that specified in all of the above

There are 3 types of IEC permits -
- Working Holiday (open)
- Young Professional (closed)
- International Coop/Internship (closed)

Open work permits do not have an employer specified on them, so if you have a Working Holiday permit, you cannot meet the job offer criteria (without getting a new LMIA).

If you are on one of the two closed permits and your employer is named on the permit, and you have been working for them for one year, then as long as your employer gives you a job offer letter meeting IRCC's criteria, you would be eligible for the bonus points.

 

[johnpye]

Fantastic, thanks everyone for your insights. Yes I am on the working holiday version of the IEC and had no idea there where another two types of that visa.

Devil is in the detail i guess. The Canadian immigration website and guidance I find somewhat unclear and not helpful for laymen. I've recently had to turn down a promotion because of lack of help it gives with NOC codes.

Anyway thanks for all your help. Hopefully this should avoid another similar post by a newbie for a while

 

[Debanjan Basu]

Hi All,
I have a similar situation as the originator of the post. I have been working with a company for 6 years in India and for the last one year, I have been working in Canada, in the same company with a Permanent Transfer (inter company transfer). I have valid Work Permit for this transfer. My query is, if Internal Job Transfer be considered to be exempt from LMIA and the letter from my company post 1 year be considered as a valid job offer? Also, will I be able to fetch the additional points for my CRS?

Please see the section highlighted in red below from which I made the reference:

Jobs exempt from the LMIA
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:

1. covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders and investors.
2. covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.
3. exempt for “Canadian interests” reasons:
   1. “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
      1. general: Self-employed engineers, technical workers, creative and performing artists, etc.
      2. workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
      3. workers under Mobilité francophone
   2. reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
      1. general (such as professional coaches and athletes working for Canadian teams)
      2. International Experience Canada – a work abroad program for youth and young professionals
      3. people in exchange programs like professors and visiting lecturers
   3. designated by the Minister
      1. academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
      2. competitiveness and public policy
         • medical residents and fellows
         • post-doctoral fellows and people who have won academic awards from Canadian schools
   4. Charity and religious work (not including volunteers)

These categories can be exempt only if you also meet the criteria in the first section of this page.

Note: jobs that are exempt from needing an LMIA still need a work permit.