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No points for Job Offer

Shub_NA

Newbie
Mar 20, 2022
6
0
Hello, please help with this request. I am unable to get points on the job offer, although according to documentation I should.

Does YYY have a job offer in Canada?
YES

Is this job offer for work that is:
YES

Is this job offer for work that is non-seasonal?
YES

Four digit NOC code
2173

Job title
SENIOR SOFTWARE ENGINEER

How many employers made this job offer?
1

An embassy, consulate or high commission in Canada?
NO

An employer on the list of ineligible employers with the Government of Canada?
NO

Employer or company name
XXX

Contact address of employer or company
XXX

Province or territory
British Columbia

City/town
Vancouver

Street address
XXX

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
NO

Is YYY currently working in Canada?
YES

Does YYY have a valid work permit for the current job in Canada?
YES

Is YYY’s job offer from the employer named on the current work permit?
YES


Has YYY been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
NO

Four digit NOC code of current work permit
2173

Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
NO-MY WORK PERMIT EXEMPT FROM LMIA DUE TO FEDERAL-PROVINCIAL AGREEMENT
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello, please help with this request. I am unable to get points on the job offer, although according to documentation I should.

Does YYY have a job offer in Canada?
YES

Is this job offer for work that is:
YES

Is this job offer for work that is non-seasonal?
YES

Four digit NOC code
2173

Job title
SENIOR SOFTWARE ENGINEER

How many employers made this job offer?
1

An embassy, consulate or high commission in Canada?
NO

An employer on the list of ineligible employers with the Government of Canada?
NO

Employer or company name
XXX

Contact address of employer or company
XXX

Province or territory
British Columbia

City/town
Vancouver

Street address
XXX

Was a positive Labour Market Impact Assessment (LMIA) issued for the job offer in Canada?
NO

Is YYY currently working in Canada?
YES

Does YYY have a valid work permit for the current job in Canada?
YES

Is YYY’s job offer from the employer named on the current work permit?
YES


Has YYY been working full-time for the employer on their current work permit for at least one year? (Or for an equal amount of part time work?)
NO

Four digit NOC code of current work permit
2173

Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?
NO-MY WORK PERMIT EXEMPT FROM LMIA DUE TO FEDERAL-PROVINCIAL AGREEMENT
What kind of work permit do you hold? How long have you been working in Canada?
 
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scylla

VIP Member
Jun 8, 2010
95,935
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Work Permit case type : 52, employer specific
How long : 2 weeks
Since you are on an LMIA exempt work permit, you need to work for your employer in Canada for a full year before you can claim the 50 job offer points. Since you've only been working for 2 weeks, it's correct that you do not qualify for the points at this time. You have another 11.5 months to wait.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
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Reactions: scylla

scylla

VIP Member
Jun 8, 2010
95,935
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Well, in this documentation (https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=695&top=29), its mentioned that a valid job offer doesn't necessarily require LMIA. Plus, there is no mention of working for 12 months for LMIA exempt.
What we've told you is a very well know fact.

You need to look here for the full details.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

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)
  • not seasonal
  • for at least one year after we issue your permanent resident visa
  • 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
 
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Shub_NA

Newbie
Mar 20, 2022
6
0
Here is the LMIA exemption and how to add the points. You need to meet certain criteria like trade agreements.

I work in Canada on an LMIA-exempt work permit. How do I get job offer points for Express Entry? (cic.gc.ca)
Quoting from the link you shared:
""Under Express Entry, some LMIA-exempt jobs count towards job offer points. For example, if you are working in Canada on a LMIA-exempt work permit that was issued under an international agreement or Federal-Provincial-Territorial agreement (or certain other cases), you don’t need your current employer to get an LMIA for your job offer to be valid.""

My case does fall into "Federal-Provincial-Territorial agreement", is there anything else you think is required? Please check my original post, I have mentioned about this agreement as my exemption reason. Thanks
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Quoting from the link you shared:
""Under Express Entry, some LMIA-exempt jobs count towards job offer points. For example, if you are working in Canada on a LMIA-exempt work permit that was issued under an international agreement or Federal-Provincial-Territorial agreement (or certain other cases), you don’t need your current employer to get an LMIA for your job offer to be valid.""

My case does fall into "Federal-Provincial-Territorial agreement", is there anything else you think is required? Please check my original post, I have mentioned about this agreement as my exemption reason. Thanks
Again, if you are on a closed LMIA-exempt work permit of any kind, you cannot claim the 50 points until you have worked for your employer in Canada for a year. We understood your first post. This is how the rules work. There is nothing else required. You don't qualify for the points at this time.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Quoting from the link you shared:
""Under Express Entry, some LMIA-exempt jobs count towards job offer points. For example, if you are working in Canada on a LMIA-exempt work permit that was issued under an international agreement or Federal-Provincial-Territorial agreement (or certain other cases), you don’t need your current employer to get an LMIA for your job offer to be valid.""

My case does fall into "Federal-Provincial-Territorial agreement", is there anything else you think is required? Please check my original post, I have mentioned about this agreement as my exemption reason. Thanks
Even with the exemption, you still need one year as stated above:


  • 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
 

Believer16m

Star Member
Sep 22, 2021
83
8
HI Guys, @scylla ,@Naturgrl

I am holding Closed LMIA based Work Permit and valid till Sep-2023. I am currently working for the employer that is mentioned on my closed work permit (although I have just started working here so I did not complete 1 year yet . Doesn't matter I believe in my case I am possessing LMIA based one).

I have query regarding the LMIA based WP (or say LMIA based job offer) I am currently holding.

1. Am I eligible for claiming extra 50 CRS using this LMIA based job offer to support my PR application?
2. If yes, can I use the same job offer which was used here in WP/LMIA process ?

The reason for asking point 2 is that the highlighted clause below is NOT clear from the job offer I have. Is this should be mentioned explicitly or it is something which is understood by default as there is no end date as such. Is there any requirement for a new job offer from them which includes this point as well ?

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
Would appreciate your views on this. Thanks
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
HI Guys, @scylla ,@Naturgrl

I am holding Closed LMIA based Work Permit and valid till Sep-2023. I am currently working for the employer that is mentioned on my closed work permit (although I have just started working here so I did not complete 1 year yet . Doesn't matter I believe in my case I am possessing LMIA based one).

I have query regarding the LMIA based WP (or say LMIA based job offer) I am currently holding.

1. Am I eligible for claiming extra 50 CRS using this LMIA based job offer to support my PR application?
2. If yes, can I use the same job offer which was used here in WP/LMIA process ?

The reason for asking point 2 is that the highlighted clause below is NOT clear from the job offer I have. Is this should be mentioned explicitly or it is something which is understood by default as there is no end date as such. Is there any requirement for a new job offer from them which includes this point as well ?

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
Would appreciate your views on this. Thanks
Is it LMIA exempt? If so, you count the points after one year. You will need a new job offer.