AINP Opportunity Stream

[Heather Lee]

So in eligibility it says that you have to have a valid TFW status, be on a work permit AND have a job offer.
How should I understand that?
If I'm currently working on a work permit I need a job offer?
If so, with current changes my understanding is that LMIA is no longer required?
Does that job offer have to be from my current employer (nonsens to me) or is it ok if it's from another employer?
Also is it possible to apply after quitting a job, but still having a valid closed work permit and a job offer from another employer?

 

[tee2406]

So in eligibility it says that you have to have a valid TFW status, be on a work permit AND have a job offer.
How should I understand that?
If I'm currently working on a work permit I need a job offer?
If so, with current changes my understanding is that LMIA is no longer required?
Does that job offer have to be from my current employer (nonsens to me) or is it ok if it's from another employer?
Also is it possible to apply after quitting a job, but still having a valid closed work permit and a job offer from another employer?

closed work permits are specific to an employer. if you submit a job offer from another company than the one listed on you WP, you will not be able to start that job until you get another WP and/PR. LMIA is no longer available for people who apply or want to apply after September 26, 2024. For everyone who did before that, you may still get it or if you already have it, you still need to adhere to it.

So yes. if you are on a closed work permit, it has to be from your current employer.

 

[Heather Lee]

closed work permits are specific to an employer. if you submit a job offer from another company than the one listed on you WP, you will not be able to start that job until you get another WP and/PR. LMIA is no longer available for people who apply or want to apply after September 26, 2024. For everyone who did before that, you may still get it or if you already have it, you still need to adhere to it.

So yes. if you are on a closed work permit, it has to be from your current employer.

So I need a job offer for the job I'm currently doing? How does that work?

 

[tee2406]

So I need a job offer for the job I'm currently doing? How does that work?

The job offer they mean is the letter that you got when you first started that job. You can ask your employer to update it so that you have a current one just saying your are still working there. If your job title and duties or even salary has changed they can highlight it in that new letter then you submit both letters.

 

[Heather Lee]

closed work permits are specific to an employer. if you submit a job offer from another company than the one listed on you WP, you will not be able to start that job until you get another WP and/PR. LMIA is no longer available for people who apply or want to apply after September 26, 2024. For everyone who did before that, you may still get it or if you already have it, you still need to adhere to it.

So yes. if you are on a closed work permit, it has to be from your current employer.

So from what you're saying looks like it's ok to submit a job offer from another employer, apply for PNP, apply for OWP , keep working at the current job until I get the OWP and than quit and get a new job?
LMIAs are still available, you just can't apply for a WP from within Canada any longer, but you can still flagpole so I think you confused something.
How about applying for an OWP at the border once I apply for PNP so I don't have to wait 4 months? Can I do that?
I'm talking about new temporary work permit extension policy, are you familiar with it?

 

[tee2406]

So from what you're saying looks like it's ok to submit a job offer from another employer, apply for PNP, apply for OWP , keep working at the current job until I get the OWP and than quit and get a new job?
LMIAs are still available, you just can't apply for a WP from within Canada any longer, but you can still flagpole so I think you confused something.
How about applying for an OWP at the border once I apply for PNP so I don't have to wait 4 months? Can I do that?
I'm talking about new temporary work permit extension policy, are you familiar with it?

No you cannot submit a job offer for a job you are not working. Copied from the website: The occupation you are working in at the time your application is submitted is your ‘current occupation'. under eligible occupations.
You are right LMIA is still available, its being stopped for low wage earners.
The new open work permit that they just announced is strictly is dependent on you having been nominated by a province. You cannot get it while your application is in process because you need a support letter from the province so you cannot flagpole that one while waiting for PNP.
However, if you are just talking about general flag poling;
If you don’t need an LMIA for your job, you need to bring:

• your job offer
• the offer of employment number from your employer
• proof that you do not need an LMIA for the job
• proof that you meet the qualifications and experience for the job

Is your work permit about to expire or you just want an open work permit?

 

[Heather Lee]

The job offer they mean is the letter that you got when you first started that job. You can ask your employer to update it so that you have a current one just saying your are still working there. If your job title and duties or even salary has changed they can highlight it in that new letter then you submit both letters.

Ok, thanks.
So is it okay if I submit a job offer letter which I originally got before starting work? My rate raised slightly with time, everything else is the same.

 

[Heather Lee]

No you cannot submit a job offer for a job you are not working. Copied from the website: The occupation you are working in at the time your application is submitted is your ‘current occupation'. under eligible occupations.
You are right LMIA is still available, its being stopped for low wage earners.
The new open work permit that they just announced is strictly is dependent on you having been nominated by a province. You cannot get it while your application is in process because you need a support letter from the province so you cannot flagpole that one while waiting for PNP.
However, if you are just talking about general flag poling;
If you don’t need an LMIA for your job, you need to bring:

• your job offer
• the offer of employment number from your employer
• proof that you do not need an LMIA for the job
• proof that you meet the qualifications and experience for the job

Is your work permit about to expire or you just want an open work permit?

I'm sorry, but you're wrong.
It's not for those who have been nominated, it's for those who HAVE APPLIED FOR PNP AND THEIR APPLICATIONS ARE BEING PROCESSED. I provided the info in the other post, please read it.
Can someone please clarify if I can flagpole for an OWP once my PNP app is being processed?

 

[scylla]

I'm sorry, but you're wrong.
It's not for those who have been nominated, it's for those who HAVE APPLIED FOR PNP AND THEIR APPLICATIONS ARE BEING PROCESSED. I provided the info in the other post, please read it.
Can someone please clarify if I can flagpole for an OWP once my PNP app is being processed?

IMO this rule is way too new for anyone to be able to comment.

 

[Heather Lee]

IMO this rule is way too new for anyone to be able to comment.

Can you normally flagpole for an OWP if you qualify for it?

 

[Heather Lee]

No you cannot submit a job offer for a job you are not working. Copied from the website: The occupation you are working in at the time your application is submitted is your ‘current occupation'. under eligible occupations.
You are right LMIA is still available, its being stopped for low wage earners.
The new open work permit that they just announced is strictly is dependent on you having been nominated by a province. You cannot get it while your application is in process because you need a support letter from the province so you cannot flagpole that one while waiting for PNP.
However, if you are just talking about general flag poling;
If you don’t need an LMIA for your job, you need to bring:

• your job offer
• the offer of employment number from your employer
• proof that you do not need an LMIA for the job
• proof that you meet the qualifications and experience for the job

Is your work permit about to expire or you just want an open work permit?

I need an OWP very badly and ASAP bc I'm strugling at my current employer, my current WP is not about to expire.

 

[Naturgrl]

Can you normally flagpole for an OWP if you qualify for it?

IRCC just released the operational instructions. You will need a provincial support letter. Someone I know contacted OINP and Ontario has yet to announce their process for issuing support letters, if they will at all. This seems to be another policy announced without collaboration with the provinces as the provinces issue the letters. But from current wording, you apply for a new work permit and include the provincial support letter and letter of employment. This doesn’t seem to be a process that can be flagpoled, but no one knows.


The foreign national:

1. Holds a valid work permit;
2. Has submitted an application for a new work permit under section 200 of the Regulations; and
3. Has provided, with the application referred to in (b),
   1. A support letter
      1. Issued by the Provincial or Territorial authority of the jurisdiction in which the foreign national resides, and that authority has signed a letter of intent with IRCC setting out its role in supporting facilitation under this public policy; and;
      2. Outlining that the foreign national has been screened by the said Provincial or Territorial authority and has been placed in an Expression of Interest pool, or is in the Provincial or Territorial authority’s application inventory process for determining eligibility, under the Provincial Nominee Program; and
   2. A letter of employment from the foreign national’s current employer

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/work-permits-prospective-pnp-candidats.html#

So for AOS, you would need to be eligible and apply and then wait for AINP to issue you a support letter. So wait for AINP to announce who will be eligible for support letters.

 

[scylla]

Can you normally flagpole for an OWP if you qualify for it?

IRCC allows flagpoling for some OWPs but not for others. They also seem to be recently cracking down on scenarios where flagpoling is allowed.

Whether the OWP is in fact issued is also entirely up to CBSA.

IMO this is so new that CBSA might not know what to do with it and might refuse to process the OWP. You can always roll the dice and see what happens.

 

[Naturgrl]

IRCC allows flagpoling for some OWPs but not for others. They also seem to be recently cracking down on scenarios where flagpoling is allowed.

Whether the OWP is in fact issued is also entirely up to CBSA.

IMO this is so new that CBSA might not know what to do with it and might refuse to process the OWP. You can always roll the dice and see what happens.

I think the only way to try is to have the provincial support letter in hand, proof of application through AINP-AOS, and job offer letter.

 

[scylla]

I think the only way to try is to have the provincial support letter in hand, proof of application through AINP-AOS, and job offer letter.

Agreed. And based on what I've seen, the job offer letter would need to be with the current employer.

Ultimately it's still a dice roll since CBSA can still refuse to issue.

I don't think we'll really know until we've seen several people here try.