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Ray of Hope - 135th Draw

alexross

Hero Member
Jan 11, 2018
410
321
Guys I think I might have found myself an opening in the Express Entry requirements, this applied to anyone working in Canada on an Intra Company transfer.

According to CIC website,

Your employer doesn’t need an LMIA to support your job offer if:
  1. you have been working full-time for the employer on your work permit for at least 1 year (or an equal amount of part-time work)
  2. you have a valid job offer, and
  3. you have a valid work permit that is exempt from an LMIA under:
    • an international agreement
    • a federal-provincial agreement
    • the “Canadian interests” category
so I have been working full-time for my employer for 1 year, so that checks item (1). And I have a valid work permit that is exempt from an LMIA under “Canadian interests” as defined in Canadian interest section on the same page, see below:

workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience

I was transferred within the company under intra-company transfer LMIA exempted work permit, so that would check item (3).

On Item (2), I have received a job offer from my company at the time of transfer, that was a year and a half, I hope this would check item (2).

Does anyone know if the above is possible or am I being too optimistic? Do you think there’s any risk or anything I have mis-interpreted?

Your input is highly appreciated.
Here's the catch: if you click on the link for valid job offer it will define what needs to be in the job offer to get the points. For most people in intra company transfers the job offer will not qualify because the job offer will not mention the part in bold:

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
 
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MABZ

Star Member
Oct 23, 2019
71
24
App. Filed.......
23-10-2019
Here's the catch: if you click on the link for valid job offer it will define what needs to be in the job offer to get the points. For most people in intra company transfers the job offer will not qualify because the job offer will not mention the part in bold:

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
Thanks @alexross for your feedback, my job offer, the one i received from the Canadian branch of my company was issued on October 2018 and states a period of 4 years of employment. and i am sure that my company would issue a letter saying that they support me staying here for 1 year after PR, or most probably support me until a specific date, probably mid-2022.
 
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alexross

Hero Member
Jan 11, 2018
410
321
Thanks @alexross for your feedback, my job offer, the one i received from the Canadian branch of my company was issued on October 2018 and states a period of 4 years of employment. and i am sure that my company would issue a letter saying that they support me staying here for 1 year after PR, or most probably support me until a specific date, probably mid-2022.
Excellent, the key is they need to mention that they will employ you for a year from the day you become a PR. I think a fixed date of mid 2022 may do the trick but if they cannot state that they will employ you for one year after PR is granted, it would be a good idea to check with an immigration lawyer if the date of mid 2022 is okay. Although not common, but there are a good number of people who have had to wait almost 2 years or longer for their PR to be processed. So due to this reason there is a chance IRCC may not be happy with a fixed date because there is technically no maximum processing time for PR application.
 

MABZ

Star Member
Oct 23, 2019
71
24
App. Filed.......
23-10-2019
Excellent, the key is they need to mention that they will employ you for a year from the day you become a PR. I think a fixed date of mid 2022 may do the trick but if they cannot state that they will employ you for one year after PR is granted, it would be a good idea to check with an immigration lawyer if the date of mid 2022 is okay. Although not common, but there are a good number of people who have had to wait almost 2 years or longer for their PR to be processed. So due to this reason there is a chance IRCC may not be happy with a fixed date because there is technically no maximum processing time for PR application.
Makes sense, but also because of the same reason you mentioned companies might be hesitant to guarantee a 1 year post the issue date of PR. I think I will go ahead and update my profile and see what the immigration specific requests might be, I might not have any other chance but this. I'm at 467 and will lose 10 points for each year going forward..
 
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mudjawd

Hero Member
Sep 9, 2013
255
106
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
09th August
Here's the catch: if you click on the link for valid job offer it will define what needs to be in the job offer to get the points. For most people in intra company transfers the job offer will not qualify because the job offer will not mention the part in bold:

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
absolutely true that. I am on ICT for more than 5 years and even got a LMIA (to extend beyond 5 years) and I am not going to get an offer letter that will mention that there is a job surity for at least a year once I got invited in LMIA. so, even with everything with me, I am unable to get those elusive 50 points. I am on 468 currently by the way and I really hope the scores drop and waiting for it since November.
 
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MABZ

Star Member
Oct 23, 2019
71
24
App. Filed.......
23-10-2019
absolutely true that. I am on ICT for more than 5 years and even got a LMIA (to extend beyond 5 years) and I am not going to get an offer letter that will mention that there is a job surity for at least a year once I got invited in LMIA. so, even with everything with me, I am unable to get those elusive 50 points. I am on 468 currently by the way and I really hope the scores drop and waiting for it since November.
What about the offer your company gave you once they offered you to relocate to Canada? Did that include a duration? My company is willing to give me a letter that says I'd stay on the project till mid 2022 but they wont say 1 year after PR, and honestly I cant argue with that as there's no guarantee when the PR might be issued
 

MABZ

Star Member
Oct 23, 2019
71
24
App. Filed.......
23-10-2019
OK, just to let you guys know, I've updated my profile in Express entry and got myself the extra 50 points. I should get an invite next draw, and can only hope that the immigration officer will consider my contract validity till mid-2022 is sufficient enough to meet the requirements. wish me luck
 

alexross

Hero Member
Jan 11, 2018
410
321
OK, just to let you guys know, I've updated my profile in Express entry and got myself the extra 50 points. I should get an invite next draw, and can only hope that the immigration officer will consider my contract validity till mid-2022 is sufficient enough to meet the requirements. wish me luck
Good luck brother! Do keep us updated on your progress, would be useful to others on the outcome
 
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mudjawd

Hero Member
Sep 9, 2013
255
106
Toronto
Category........
CEC
Job Offer........
Yes
AOR Received.
09th August
What about the offer your company gave you once they offered you to relocate to Canada? Did that include a duration? My company is willing to give me a letter that says I'd stay on the project till mid 2022 but they wont say 1 year after PR, and honestly I cant argue with that as there's no guarantee when the PR might be issued
nothing in that letter talks about the end date. anyways, i gave the IELTS again and improved my score (Previously 468). With the new score my points are 484 (Band 8.5). So, i hope it is sufficient now to get an ITA. I am now trying to get the work ex Docs etc.
 

MABZ

Star Member
Oct 23, 2019
71
24
App. Filed.......
23-10-2019
nothing in that letter talks about the end date. anyways, i gave the IELTS again and improved my score (Previously 468). With the new score my points are 484 (Band 8.5). So, i hope it is sufficient now to get an ITA. I am now trying to get the work ex Docs etc.
best of luck buddy
 

Shahbaz12

Full Member
Jul 24, 2019
25
2
Hello Friends,
Need your kind advice. My NOC Code is 3215 and i am able to get a score of 61 in SINP Porgram. I am not able to get this exact information that if i need to get the licence from SAMRT before i apply for the SINP or i need to do it after recieving an invitation or after getting the approval of PR? Please response with any information you have as the SINP site is not very clear about this information...

Below is the information from: https://www.saskatchewan.ca/residents/moving-to-saskatchewan/immigrating-to-saskatchewan/saskatchewan-immigrant-nominee-program/applicants-international-skilled-workers/international-skilled-worker-occupations-in-demand

"You may be required to provide proof of Professional Status or proof of eligibility for Licensure (for regulated occupations or those with professional certification standards in Canada and/or Saskatchewan) for your occupation."