LMIA >>>> CEC or FSW Inland?

[bram]

Hi

This is a query for one of my friend and will appreciate if the people in know can assist me:

My friend is in Canada right now and had his post graduate work permit expired and is using his 3 month of implied status to either secure a LMIA or extend his work permit. Meanwhile he also plans to apply for a visitor visa in order to have legal status in country. Currently, he cannot apply for express entry as his employer will not support him with LMIA neither his previous experience fall under NOC 0, A or B.

Question:


If he gets an LMIA from any employer can he apply for express entry?
Does this LMIA need to fall under NOC 0, A or B?
Will this application be classed as CES or FSW Inland?
What are his other options if he has to stay and work in Canada?


Note that only if he had NOC B level experience his CRS points would be 490+

Appreciate your help in this.

Thanks.

 

[Andre_Smol]

You dont need a job offer to apply for express entry so he can create his profile any time, as long as he has his language exam done.

Since it sounds like his highest degree is from canada, he wouldnt need ECA so ould be all set for EE.

If he has 1 year of canadian experience then he would automatically be classified as CEC by the system. If not, he would be able to show 1 year of foreign work experience to meet the minimum work experince requirement that way.

LMIAs are hard to come by so I am not sure he can get one in the 3 months he has left, to be honest.

 

[bram]

You dont need a job offer to apply for express entry so he can create his profile any time, as long as he has his language exam done.

Since it sounds like his highest degree is from canada, he wouldnt need ECA so ould be all set for EE.

If he has 1 year of canadian experience then he would automatically be classified as CEC by the system. If not, he would be able to show 1 year of foreign work experience to meet the minimum work experince requirement that way.

LMIAs are hard to come by so I am not sure he can get one in the 3 months he has left, to be honest.

Only problem I can see here is that he does not have neighter Canadian or foreign work experience in NOC 0, A and B. He has experience in NOC C which as I understand will be an issue while applying via express entry.

 

[Andre_Smol]

Only problem I can see here is that he does not have neighter Canadian or foreign work experience in NOC 0, A and B. He has experience in NOC C which as I understand will be an issue while applying via express entry.

Yes, thats true. C category jobs dont count for EE at all, so if he doesnt have a full year of employment in Canada or abroad then he is not eligible for EE at all, no matter what category.

In that case, trying to get a job offer and work permit in Canada would actually be the only option so that he can at least get 1 year of experience in Canada.

If that doesnt work out, the only option really is to go back home, get 1 year experience there and then try again through EE.

Wont he be able to get 1 year in Canada on his PGWP?

 

[bram]

Yes, thats true. C category jobs dont count for EE at all, so if he doesnt have a full year of employment in Canada or abroad then he is not eligible for EE at all, no matter what category.

In that case, trying to get a job offer and work permit in Canada would actually be the only option so that he can at least get 1 year of experience in Canada.

If that doesnt work out, the only option really is to go back home, get 1 year experience there and then try again through EE.

Wont he be able to get 1 year in Canada on his PGWP?

Andre,

Sorry if I was not clear.

He has got two years of Canadian experience and 2 years of foreign experience but it's in category NOC C.

Can he still apply via express entry? With or with out LMIA?

 

[kirtivsingh]

You dont need a job offer to apply for express entry so he can create his profile any time, as long as he has his language exam done.

Since it sounds like his highest degree is from canada, he wouldnt need ECA so ould be all set for EE.

If he has 1 year of canadian experience then he would automatically be classified as CEC by the system. If not, he would be able to show 1 year of foreign work experience to meet the minimum work experince requirement that way.

LMIAs are hard to come by so I am not sure he can get one in the 3 months he has left, to be honest.

INcorrect on degree part. If he is claiming points for 2 degrees and 1 is in canada and another in another country he will still need to get WES done for the points claimed to be calculated.

 

[jes_ON]

He has got two years of Canadian experience and 2 years of foreign experience but it's in category NOC C.

Can he still apply via express entry? With or with out LMIA?

No, work at NOC level C is not qualified work experience for express entry.

 

[bram]

No, work at NOC level C is not qualified work experience for express entry.

Okay.

So is the only option to extend his work permit via LMIA in Canada or go back to India and gain 1 year experience in NOC 0, A or B.

Any other options to stay and work in Canada on temporary work permit?

 

[Andre_Smol]

INcorrect on degree part. If he is claiming points for 2 degrees and 1 is in canada and another in another country he will still need to get WES done for the points claimed to be calculated.

It is only necessary to claim your highest degree for points. So if his highest wualification were to be a masters degree for example and that is in canada then he doesnt need to provide any proof for the foreign degree as the points would be based on his canadian masters degree only.

 

[Aragorn165]

Okay.

So is the only option to extend his work permit via LMIA in Canada or go back to India and gain 1 year experience in NOC 0, A or B.

Any other options to stay and work in Canada on temporary work permit?

This is correct. The options he has on hand are:

a) LMIA to stay on in Canada and attempt to receive one year of full time Canadian work experience (or the equivalent in half time), in NOC category 0, A, or B
b) Return to India, and get one year of full time work experience (or the equivalent in half time) there in NOC category 0, A, or B

These two options will make him eligible for Express Entry, which he is ineligible for otherwise, and allow him to apply for permanent residency.