LMIA confusion

[link501]

Hi,

I have a question about applying for PR on a PGWP. Some background: I came to Canada on a study permit, completed a 1-year Masters and applied for a PGWP in October 2020 (while my study permit was valid). I landed a full-time permanent job and began working end of October on implied status (my PGWP is still processing). My PGWP will expire in a year and my current job should bump up my CRS score to 503 (enough to get an ITA).

However, I created an Express Entry profile this week only to discover that I can't claim 50 points for a job (even though it's full-time, permanent and non-seasonal). If I had known I would be able to claim those points on an employer-specific work permit, I wouldn't have applied for PGWP. Seems odd to me that a candidate with a full-time permanent job with a PGWP requires an LMIA to claim points, while someone with a 1-year contract job can claim it on an employer-specific work permit. Getting an LMIA is too time-consuming, and I'm reluctant to ask my employer for the favor. I would like to continue working for the same employer and apply for PR through Canadian Experience Class in a year, but my PGWP is non-renewable and will expire in 12 months. Is it possible to switch to another work permit after a year, so I can continue working while I apply through CEC? Or, is it possible to request IRCC to add the name of my employer on my PGWP (so I can claim points), since it's still processing? Do you have any other recommendations/suggestions? Incredibly stressed and appreciate your advice.

 

[scylla]

Hi,

I have a question about applying for PR on a PGWP. Some background: I came to Canada on a study permit, completed a 1-year Masters and applied for a PGWP in October 2020 (while my study permit was valid). I landed a full-time permanent job and began working end of October on implied status (my PGWP is still processing). My PGWP will expire in a year and my current job should bump up my CRS score to 503 (enough to get an ITA).

However, I created an Express Entry profile this week only to discover that I can't claim 50 points for a job (even though it's full-time, permanent and non-seasonal). If I had known I would be able to claim those points on an employer-specific work permit, I wouldn't have applied for PGWP. Seems odd to me that a candidate with a full-time permanent job with a PGWP requires an LMIA to claim points, while someone with a 1-year contract job can claim it on an employer-specific work permit. Getting an LMIA is too time-consuming, and I'm reluctant to ask my employer for the favor. I would like to continue working for the same employer and apply for PR through Canadian Experience Class in a year, but my PGWP is non-renewable and will expire in 12 months. Is it possible to switch to another work permit after a year, so I can continue working while I apply through CEC? Or, is it possible to request IRCC to add the name of my employer on my PGWP (so I can claim points), since it's still processing? Do you have any other recommendations/suggestions? Incredibly stressed and appreciate your advice.

In order to claim the 50 points, your employer must obtain an approved LMIA. IRCC cannot add your employer's name to the PGWP. The PGWP is an open work permit and open work permits have no employer name specified.

If you want to continue working in Canada beyond the duration of your PGWP, then once again, your employer needs to obtain an approved LMIA so that you can qualify to apply for a closed work permit. The only exception to that would be if you have already received ITA (i.e. been selected out of the Express Entry pool) and submitted your complete application before your PGWP expires. In that case you'd qualify to apply for a bridging open work permit (BOWP) to keep working while you wait for your EE application to be finalized. Right now you would need to have around 470 points to be selected out of the pool and receive ITA.

 

[link501]

In order to claim the 50 points, your employer must obtain an approved LMIA. IRCC cannot add your employer's name to the PGWP. The PGWP is an open work permit and open work permits have no employer name specified.

If you want to continue working in Canada beyond the duration of your PGWP, then once again, your employer needs to obtain an approved LMIA so that you can qualify to apply for a closed work permit. The only exception to that would be if you have already received ITA (i.e. been selected out of the Express Entry pool) and submitted your complete application before your PGWP expires. In that case you'd qualify to apply for a bridging open work permit (BOWP) to keep working while you wait for your EE application to be finalized. Right now you would need to have around 470 points to be selected out of the pool and receive ITA.

Thanks for the quick response! I guess I'll just retake the IELTS then. I got the highest band scores in all but Listening (7.5) and lost 45 points because of it which was devastating! Really weird loophole, in my opinion. But anyway according to the CRS calculator, that should bump up my score from 453 to 498 and ensure an ITA. Thanks!