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Open Work Permit and Job Offer

maplegoal

Star Member
Aug 30, 2017
75
34
Category........
PNP
Job Offer........
Yes
App. Filed.......
10-10-2017
Doc's Request.
10-10-2017
Nomination.....
20-11-2017
AOR Received.
24-01-2018
Hello, whats the time line for LMIA exempt work permit?

I applied for PNP paper based and online work permit (lmia exempt).

I submitted my application online for work permit since last 30 Nov 2017 but have not heard anything..

Appreciate your inputs.
 

Charlene C.

Newbie
Jan 10, 2018
8
0
LMIA exempt AND employer specific (closed-work permits).

Unless you obtain LMIA you won't qualify for those points.
Hi.
I want to be sure, cause this is not what I understand from the cic web site. Please help me to understand, cause they say:

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
There are two types of work permits: Open work permit and employer specific.
How could you get both at the same time?
What I understand from the cic (above) is : you are exempt from LMIA if you

- Have been working full time 1 year on a employer specific work permit AND have a valid job offer ( written offer for 1 year after your PR)
OR
- Have a valid work permit > canadian interests > EIC > Open work permit. AND have a valid job offer

If you do still confirm me that you have to get LMIA exempt (which you are if Open work permit) AND employer specific work permit, please explain me why.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Hi.
I want to be sure, cause this is not what I understand from the cic web site. Please help me to understand, cause they say:

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
There are two types of work permits: Open work permit and employer specific.
How could you get both at the same time?
What I understand from the cic (above) is : you are exempt from LMIA if you

- Have been working full time 1 year on a employer specific work permit AND have a valid job offer ( written offer for 1 year after your PR)
OR
- Have a valid work permit > canadian interests > EIC > Open work permit. AND have a valid job offer

If you do still confirm me that you have to get LMIA exempt (which you are if Open work permit) AND employer specific work permit, please explain me why.
You cannot have a valid job offer while holding an open work permit, period. You are free to try to claim those points and see the results.

If you're holding an open work permit and you wish to claim the points for arranged employment then your employer must obtain LMIA for you.
 

Dr_Dentalo

Star Member
Dec 28, 2017
51
5
You cannot have a valid job offer while holding an open work permit, period. You are free to try to claim those points and see the results.

If you're holding an open work permit and you wish to claim the points for arranged employment then your employer must obtain LMIA for you.
Dear Del Piero,
I have an arranged job offer with a two-years period contract in a full time job that is LMIA exempt. I am traveling to Canada using a TRV and WP, can I claim the 50 points of the arranged job offer?
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Dear Del Piero,
I have an arranged job offer with a two-years period contract in a full time job that is LMIA exempt. I am traveling to Canada using a TRV and WP, can I claim the 50 points of the arranged job offer?
I'm assuming you'll have an employer specific work permit (closed work permit)? If so, you must first work for your employer for a year before even thinking of claiming those points.

"
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"
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html
 

Dr_Dentalo

Star Member
Dec 28, 2017
51
5
I'm assuming you'll have an employer specific work permit (closed work permit)? If so, you must first work for your employer for a year before even thinking of claiming those points.

"
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"
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html
Thank you for your reply.
I already check the CIC link you provided, but they don't mention any details about the one year work experience or to have one more year after the PR issuance. My work is under NOC 4011 code and is specific for a university.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Thank you for your reply.
I already check the CIC link you provided, but they don't mention any details about the one year work experience or to have one more year after the PR issuance. My work is under NOC 4011 code and is specific for a university.
I'll put it this way then. You do not have a valid job offer at this point in time.
 
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Milky1996

Newbie
Aug 23, 2018
5
0
Hi DelPiero07, I have a question about the LMIA and I want to make sure that I understand it correctly.
1. I have a Post Graduate Work Permit for 3 years, and when I did my research, I found out that I do not need to have an LMIA for my job offer because it falls under "Canadian Interests" category number R205 - C43 Post-grad employment. Does it mean that I only need to receive a letter from my employer, stating my job title, salary, job duties, hiring for a permanent position to receive 50 points from CRS?
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,613
Job Offer........
Pre-Assessed..
Hi DelPiero07, I have a question about the LMIA and I want to make sure that I understand it correctly.
1. I have a Post Graduate Work Permit for 3 years, and when I did my research, I found out that I do not need to have an LMIA for my job offer because it falls under "Canadian Interests" category number R205 - C43 Post-grad employment. Does it mean that I only need to receive a letter from my employer, stating my job title, salary, job duties, hiring for a permanent position to receive 50 points from CRS?
No. You do not qualify for those points unless you have LMIA. Even though your work permit is LMIA exempt it is NOT employer specific.
 
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Milky1996

Newbie
Aug 23, 2018
5
0
So does it mean that in order for me to get those points, I would have to work for my employer on a closed WP for a year and the employer also have to pay the 1k fee for LMIA?
If so then it is possible to have more than one work permit?( I am currently have a PGWP)
Thank you for your time.
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
So does it mean that in order for me to get those points, I would have to work for my employer on a closed WP for a year and the employer also have to pay the 1k fee for LMIA?

Your employer would have to obtain an LMIA. There are 2 types - they are essentially the same, but one is for a new work permit (TWP) (pay the fee) and one is to support PR applications only (no fee). Since you have a 3 year PGWP and (I'm guessing) have plenty of time left, you can probably do the no fee version. But the requirements are the same.

No, you don't have to work on a closed work permit for a year. You need to have worked for a year for the same employer who is named on the LMIA / future job offer.


If so then it is possible to have more than one work permit?( I am currently have a PGWP)
No. If you got the LMIA and then applied for a new, closed work permit, it would replace your PGWP.
 
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Milky1996

Newbie
Aug 23, 2018
5
0
Thank you for your time jes_ON! That was a very clear answer and easy to understand.

I only have 1 more question: If I have already worked for my employer for 3 months under my PGWP, and my employer manages to get an LMIA to support my PR application, does that 3 months period count toward the 1-year requirement or I still need to work with them for 1 year?

Really appreciate your help guys!
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Thank you for your time jes_ON! That was a very clear answer and easy to understand.

I only have 1 more question: If I have already worked for my employer for 3 months under my PGWP, and my employer manages to get an LMIA to support my PR application, does that 3 months period count toward the 1-year requirement
Yes

or I still need to work with them for 1 year?
Yes

Not sure why the "or"? Your one year would include those 3 months in that example...