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Open Work Permit and Job Offer

Manu2207

Member
Oct 10, 2017
10
0
All,

Have a quick query -

Am in Canada on ICT, from India
My wife, is here on Open work Permit due to my ICT
She landed a full time job
She has her own, year old CIC profile - under express entry
Does she get another 50 CRS points due to the job offer ?

Kindly advice.
 

crescent_jam

Hero Member
Aug 21, 2017
808
432
Jamaica
Category........
FSW
Visa Office......
Kingston, Jamaica
NOC Code......
1121
AOR Received.
14-09-2017
Passport Req..
17-10-2017
VISA ISSUED...
26-10-2017
LANDED..........
19-01-2018
All,

Have a quick query -

Am in Canada on ICT, from India
My wife, is here on Open work Permit due to my ICT
She landed a full time job
She has her own, year old CIC profile - under express entry
Does she get another 50 CRS points due to the job offer ?

Kindly advice.
It depends. Not every job offer constitutes a VALID job offer for purposes of Express Entry. For instance, under Express Entry, a valid job offer needs to have a positive, valid Labour Market Impact Assessment (LMIA) unless it's an LMIA-exempt job.

See below for more details, to see if your wife's job offer meet the criteria: http://www.cic.gc.ca/english/immigrate/skilled/offer.asp
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Offer of employment: skilled immigrants (Express Entry)
If you have a job offer (offer of arranged employment), you need to update your Express Entry profile in your account with the :

Your job offer must:

  • be in writing
  • not be from an embassy, high commission or consulate in Canada
  • set out details of the job they’re offering you, such as:
    • your pay and deductions
    • your job duties
    • conditions of employment, like your hours of work
A work permit on its own is not a job offer, even if it is an open work permit.

Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.
Federal Skilled Workers and Canadian Experience Class
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
It also must be made :

  • by an employer with a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
    • your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident OR
  • 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
Federal Skilled Trades workers
A valid job offer has to be:

  • made by up to two employers
  • for continuous, paid, full-time work (at least 30 hours a week)
  • for at least one year
  • in a skilled trade occupation (jobs with 2011 NOC codes that start with 72, 73, 82, 92 as well as 632 and 633)
It also must be made:

  • by employer(s) who have a new positive LMIA that approves the offer and names you and your position OR
  • if you’re currently working in Canada in a skilled trade job a work permit that was issued based on a positive LMIA, and:
    • you’re working for an employer listed on your work permit
    • you’re authorized to work in Canada on the day you apply for a permanent resident visa and when the visa is issued
    • your current employer(s) offered you a full-time job if you’re accepted as a permanent resident, in a job that is in the same three digit level of the NOC as your current job, for at least one year OR
  • you have a valid work permit for one of the listed skilled trade occupation and it’s 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 the employer(s) on your work permit who is making the offer and
    • have a valid job offer from that employer for at least one year after we issue your permanent resident visa
Examples of a valid and non-valid job offer
In both examples, the LMIA supports the job offer as set out above, or is exempt from needing an LMIA.

Example 1
Two companies hire a heavy equipment operator. The LMIA lists both. Each employer is offering 16 hours of work per week for a minimum of one year.

This job offer is valid.

Example 2
A construction company offers a plumber a position for 25 hours per week. It’s on a non-contract basis.

This job offer isn’t valid. A job must be for at least 30 hours a week to be full -time.

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
Find out more about jobs that are exempt.

Your employer must get a new LMIA if:

  • your work permit has expired
  • you’re working on an open work permit
  • you have a job offer from an employer not listed on your work permit
Can you do the job?
Our officers must be convinced that you will:

  • be capable of doing the work you’re offered
  • likely qualify to be licensed or certified by the relevant regulatory body once you’re in Canada ( if the job is regulated in Canada)
Provinces and territories are responsible for designating professions and trades in their jurisdiction. Designation and certification requirements vary by province. Get more information on licensing and regulatory requirements for specific professions or contact the relevant body in the province/territory where you plan to live.
 
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OdinNguyen

Hero Member
Mar 30, 2017
571
149
Job Offer........
Pre-Assessed..
All,

Have a quick query -

Am in Canada on ICT, from India
My wife, is here on Open work Permit due to my ICT
She landed a full time job
She has her own, year old CIC profile - under express entry
Does she get another 50 CRS points due to the job offer ?

Kindly advice.
In short, if she has LMIA, she can claim 50 points.
 
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Reactions: Manu2207

ajithj

Hero Member
May 1, 2015
405
146
Canada
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2173
App. Filed.......
2017-Mar
AOR Received.
2017-Mar
Med's Request
Upfront
Med's Done....
2017-Mar
Passport Req..
2017-May
LANDED..........
2017-Jun
All,

Have a quick query -

Am in Canada on ICT, from India
My wife, is here on Open work Permit due to my ICT
She landed a full time job
She has her own, year old CIC profile - under express entry
Does she get another 50 CRS points due to the job offer ?

Kindly advice.
No she cannot claim 50 points. Open work permit does not qualify.

But you can claim 50 points after completing 1 year of experience in Canada and if your company is willing to provide a letter stating that you will be employed with them for 1 year after getting PR. This is because you have a closed LMIA exempt work permit.
 
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newEEonOWP

Full Member
Jan 31, 2018
49
6
I do have the same question.
I am on Open work permit and NOC code is written on Offer letter issued to me. Can I claim 50 points ?
 

newEEonOWP

Full Member
Jan 31, 2018
49
6
In that case, there is no way to increase my score. My score is at 399. I have 1.9 years of valid work experiance.
 

Charlene C.

Newbie
Jan 10, 2018
8
0
Hello,
I have the same question: I am on an Open work permit (IEC), I am working for a Canadian Employer since a year, and would like to get + 50 point for my express entry profil.

- I am exempt LMIA (exempt for Canadian interests reasons: reciprocal employment: IEC)
- Have already one year experience with my employer. NOC B.
- I just need to have a writing job offer from my current employer (in addition of my current contract) for one year as soon as I ve got my PR.

Is that correct ?
Thank you in advance for your answer
 

newEEonOWP

Full Member
Jan 31, 2018
49
6
Hi Charlene, I don't have an answer for this. Even I am waiting for know how to claim 50+ points. I land at 417 points now because of 2+ years of Canadian experiance. Do let me know if you know how to get those 50 points.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Hello,
I have the same question: I am on an Open work permit (IEC), I am working for a Canadian Employer since a year, and would like to get + 50 point for my express entry profil.

- I am exempt LMIA (exempt for Canadian interests reasons: reciprocal employment: IEC)
- Have already one year experience with my employer. NOC B.
- I just need to have a writing job offer from my current employer (in addition of my current contract) for one year as soon as I ve got my PR.

Is that correct ?
Thank you in advance for your answer
That's not correct. You cannot get the points for arranged employment when holding an open work permit.
 

jojee2k6

Hero Member
Sep 6, 2016
742
230
Hi, I have same situation, I just landed as a TRV on LMIA-exempted WP for 1 year initially (but renewable), can I claim points now from this current job by updating my EE profile? or should I need to wait 1 year and I extend my WP then I claim points?
 

Charlene C.

Newbie
Jan 10, 2018
8
0
That's not correct. You cannot get the points for arranged employment when holding an open work permit.
That is why I do not understand. Why they are saying: exempt LMIA if IEC ? And at the same time: you need LMIA if you have an open work permit?
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Hi, I have same situation, I just landed as a TRV on LMIA-exempted WP for 1 year initially (but renewable), can I claim points now from this current job by updating my EE profile? or should I need to wait 1 year and I extend my WP then I claim points?
Assuming you're working on an employer specific work permit you must work for a year with your employer.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
That is why I do not understand. Why they are saying: exempt LMIA if IEC ? And at the same time: you need LMIA if you have an open work permit?
LMIA exempt AND employer specific (closed-work permits).

Unless you obtain LMIA you won't qualify for those points.