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Job offer and Closed WP(LMIA exempt, c20)

andry

Member
Apr 21, 2018
11
2
Hi guys, tried to search this one but everyone's situation is different so decided to ask directly.

I have a Closed Work Permit for 2 years (~ 1 year and 7 months until expiration). It's c20 LMIA exempt WP. I also have 1 year of Canadian experience (PGWP).

Can I answer this as positive in my IAT application ?
"
Does a candidate have a job offer in Canada?:
be for full-time and for at least one year.....

"

If I select yes, among other questions:
"Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?"

Would it be ok to set to: "No - My work permit is exempt from LMIA for other reasons and it's employer specific".

Also, I have answered it as No in my pre-IAT application as I was on my PGWP and it was about to expire. Do I need to decline my IAT or would it be ok to redeem 50 points in my IAT application?

It may seem a dumb question, but I'm really nervous about this. Thanks in advance!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
HI

Hi guys, tried to search this one but everyone's situation is different so decided to ask directly.

I have a Closed Work Permit for 2 years (~ 1 year and 7 months until expiration). It's c20 LMIA exempt WP. I also have 1 year of Canadian experience (PGWP).

Can I answer this as positive in my IAT application ?
"
Does a candidate have a job offer in Canada?:
be for full-time and for at least one year.....

"

If I select yes, among other questions:
"Was a positive Labour Market Impact Assessment (LMIA) issued for the current work permit?"

Would it be ok to set to: "No - My work permit is exempt from LMIA for other reasons and it's employer specific".

Also, I have answered it as No in my pre-IAT application as I was on my PGWP and it was about to expire. Do I need to decline my IAT or would it be ok to redeem 50 points in my IAT application?

It may seem a dumb question, but I'm really nervous about this. Thanks in advance!
1, The answer is NO, you don't have a job offer. For the points you require an approved LMIA to get the 50 points
 
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andry

Member
Apr 21, 2018
11
2
HI



1, The answer is NO, you don't have a job offer. For the points you require an approved LMIA to get the 50 points
Hi PMM thanks for you reply! However, I've found proofs (at least I think :)) that I am eligible to redeem those points based on this page :

Specifically, based on the passage(3rd one):

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 <- yes
    • have one year of full-time work experience (or an equal amount of part-time work) for that employer <- yes
    • have a valid job offer from that employer for at least one year after we issue your permanent resident visa <- yes, mine is valid for ~ 1 year and 7 months
Digging deeper into the "work permit for a NOC 0, A or B job that is exempt from needing an LMIA"(), my case is described in the paragraph B:
b. reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries <- C20 WP
Could you please specify where am I mistaken?

Does anyone with C20 WP claimed the points for Job Offer?
 

jonnnie23

Star Member
Sep 20, 2017
62
12
Saskatchewan
Category........
CEC
Visa Office......
Ottawa
Job Offer........
Yes
AOR Received.
04-03-2018
Hi PMM thanks for you reply! However, I've found proofs (at least I think :)) that I am eligible to redeem those points based on this page :

Specifically, based on the passage(3rd one):



Digging deeper into the "work permit for a NOC 0, A or B job that is exempt from needing an LMIA"(), my case is described in the paragraph B:


Could you please specify where am I mistaken?

Does anyone with C20 WP claimed the points for Job Offer?
I will share my story to you as I was in the same position, had done 1 year in pgwp with my company and had gotten a closed work permit there after, and applied and claimed the 50 points, the thing is your work permit is not valid job offer, your company has to provide you with a letter saying that they will offer you the position one year after you received pr. In my case I didn't get such letter from my company but I did get a letter saying I have permanent full time position with company. Without that letter you can't claim 50points. And as long as your still employed with the company and have the closed work permit then your free to go ahead and claim those points
 
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andry

Member
Apr 21, 2018
11
2
I will share my story to you as I was in the same position, had done 1 year in pgwp with my company and had gotten a closed work permit there after, and applied and claimed the 50 points, the thing is your work permit is not valid job offer, your company has to provide you with a letter saying that they will offer you the position one year after you received pr. In my case I didn't get such letter from my company but I did get a letter saying I have permanent full time position with company. Without that letter you can't claim 50points. And as long as your still employed with the company and have the closed work permit then your free to go ahead and claim those points
Thanks a lot for sharing! I'll ask my HR to include that particular statement about the 1 year after PR
 

arun10

Member
Mar 7, 2018
11
0
I will share my story to you as I was in the same position, had done 1 year in pgwp with my company and had gotten a closed work permit there after, and applied and claimed the 50 points, the thing is your work permit is not valid job offer, your company has to provide you with a letter saying that they will offer you the position one year after you received pr. In my case I didn't get such letter from my company but I did get a letter saying I have permanent full time position with company. Without that letter you can't claim 50points. And as long as your still employed with the company and have the closed work permit then your free to go ahead and claim those points
Hi, i am in my open work permit but i do have a permanent job offer and i am currently working with the same company so i can claim 50 points??
 

arun10

Member
Mar 7, 2018
11
0
HI



1, The answer is NO, you don't have a job offer. For the points you require an approved LMIA to get the 50 points
Hi, i have my offer letter which says permanent full time on it and i am working for almost a yr
 

limin_w

Hero Member
Jul 17, 2017
223
62
Hi, i am in my open work permit but i do have a permanent job offer and i am currently working with the same company so i can claim 50 points??
No. If you are on PGWP, a LMIA is a must to claim bonus points.
 

andry

Member
Apr 21, 2018
11
2
Got my PR so I'll specify what I've done for Closed WP with LMIA exempt.

Application:
Was a positive labour Market Impact Assessment (LMIA) issued for the job offer in Canada?:
No

Is … currently working in Canada?:
Yes

Which of these categories does … job fall under?
Work permit required, no LMIA required


Letter of employment included a part about job offer(thanks @jonnnie23!):
"
Andry is still employed and will continued to be employed for the duration of his work permit (expires on ..),Should Andry be successful in obtaining his permanent residency, Company intends to provide him with full time and permanent employment.
"

Hope it helps, good luck guys!
 

Restew

Member
Apr 19, 2017
12
6
Congratulations, Andry.

I have a similar question: I had gotten a closed work permit, one year of employment, and a letter of employment already. My closed work permit was issue supported by my nominee certificate. Can I claim the 50 points in my case?
 

jes_ON

VIP Member
Jun 22, 2009
12,091
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
Congratulations, Andry.
I have a similar question: I had gotten a closed work permit, one year of employment, and a letter of employment already. My closed work permit was issue supported by my nominee certificate. Can I claim the 50 points in my case?
Do you continue to work for the same employer, and do you have a written offer of future employment? (See Andry's note about the letter, you MUST have this letter. It can be a separate letter, or it can be included in the letter of employment).
 

Restew

Member
Apr 19, 2017
12
6
Do you continue to work for the same employer, and do you have a written offer of future employment? (See Andry's note about the letter, you MUST have this letter. It can be a separate letter, or it can be included in the letter of employment).
Yes, @jes_ON

I have a written offer, one year in the same company, and a work permit with my employer's name. My question is because I don't know which LMIA Exempt category is it. I believe that's under the Federal-Provincial agreement.
 

jes_ON

VIP Member
Jun 22, 2009
12,091
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
Yes, @jes_ON

I have a written offer, one year in the same company, and a work permit with my employer's name. My question is because I don't know which LMIA Exempt category is it. I believe that's under the Federal-Provincial agreement.
The requirements under the LMIA-exempt category are:

"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"
Check, check, check. You're good to go.
 

GURI.D.CHD

Full Member
Mar 5, 2014
27
0
Hi All, My wife is on TRV in Canada as a visitor. She has got offer letter from LMIA exempt employer and has received LMIA/Employer number as well. Can we go and get work permit by flag polling?