Spouse Open Work Permit (SOWP) holder claiming Job Offer Points

[bukeshi]

Hi All,

I' new to this forum. Posting the below due to a doubt I've. My apologies if the same has been posted already by another member.

If I'm in Canada on Spouse Open Work Permit (SOWP) and complete 1+ year with the same employer while working in SOWP, am I eligible to claim to claim 50 points for the Job Offer (as LMIA exempt) while applying for EE under CEC category.

I read that we can claim LMIA exempt if we have already completed 1 year with the same employer. Is it also applicable for the SOWP holders.

Looking forward for suggestions.

Thanks All.

 

[scylla]

Hi All,

I' new to this forum. Posting the below due to a doubt I've. My apologies if the same has been posted already by another member.

If I'm in Canada on Spouse Open Work Permit (SOWP) and complete 1+ year with the same employer while working in SOWP, am I eligible to claim to claim 50 points for the Job Offer (as LMIA exempt) while applying for EE under CEC category.

I read that we can claim LMIA exempt if we have already completed 1 year with the same employer. Is it also applicable for the SOWP holders.

Looking forward for suggestions.

Thanks All.

Short answer is no, you cannot. You need an approved LMIA to claim the 50 job offer points.

The rule regarding being able to claim the 50 points without an LMIA and after working for a year in Canada does not apply to you. It only applies to individuals who are on employer-specific / closed work permits that are LMIA exempt (like ICTs).

 

[bukeshi]

Short answer is no, you cannot. You need an approved LMIA to claim the 50 job offer points.

The rule regarding being able to claim the 50 points without an LMIA and after working for a year in Canada does not apply to you. It only applies to individuals who are on employer-specific / closed work permits that are LMIA exempt (like ICTs).

Thanks a lot for the swift response.

Another Follow up Question-

If I work in Ontario in SOWP as mentioned above will I be eligible to apply under OINP- Foreign Workers Stream.

 

[scylla]

Thanks a lot for the swift response.

Another Follow up Question-

If I work in Ontario in SOWP as mentioned above will I be eligible to apply under OINP- Foreign Workers Stream.

Yes, if your employer meets the employer requirements.

 

[bukeshi]

Yes, if your employer meets the employer requirements.

Thanks a lot. Much appreciated.

 

[nbhate12]

Short answer is no, you cannot. You need an approved LMIA to claim the 50 job offer points.

The rule regarding being able to claim the 50 points without an LMIA and after working for a year in Canada does not apply to you. It only applies to individuals who are on employer-specific / closed work permits that are LMIA exempt (like ICTs).

Can we not claim points if someone is working with WP which is LMIA exempt - See below from IRCC 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

 

[scylla]

Can we not claim points if someone is working with WP which is LMIA exempt - See below from IRCC 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

Only if it's a closed work permit such as an ITA and your employer is listed on the work permit. Not if it's an open work permit like a PGWP.

 

[nbhate12]

thanks for your reply
How about spousal open work permit ?

 

[Naturgrl]

thanks for your reply
How about spousal open work permit ?

For 50 points need a LMIA.

 

[scylla]

thanks for your reply
How about spousal open work permit ?

It's still an open work permit. So no points without an approved LMIA.