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Can LMIA-exempt offer be used as LMIA?

ZacAva

Member
Oct 29, 2019
12
9
Hi everyone! Currently I work as a postdoctoral fellow in BC, and I have three questions concerning my application for a closed work permit. For now I hold an open work permit, and I have to I am switch it to an employer-specific work permit in order to validate my job offer of a postdoctoral staff for 50-points increase for my immigration through Express Entry system.
The university has got me an employment number and LMIA-exempt Offer. So to answer the question:
Do you have a Labour Market Impact Assessment issued by Employment and Social Development Canada (ESDC)?
Yes (“Yes” because I have LMIA-exempt offer?)


Are the related documents supposed to be submitted as “Labour Market Impact Assessment (LMIA) from ESDC or Proof of Submission” required to apply for the work permit? If not, what should I submit for this kind of support document?

Another question appeared when I was answering the qualification questions about spouse status and LMIA (copied below). :
Are you a spouse, common-law partner or dependent child of a person who:
  • Holds a Work Permit for a job in National Occupation Classification O, A, B;
  • Holds a study permit and is a full-time student at a university, community college, CÉGEP or other authorized educational institution;
  • Holds a Temporary Resident Permit that is valid for six months or more;
  • Applied for Permanent Residence to an office in Canada and was determined to be eligible for Permanent Resident status (first stage approval)
  • Is subject of a removal order that is unenforceable.
No (May I answer “No", in spite of that my wife holds a visiting visor and an open work permit because of my status as a foreign worker? If I answer “yes”, it will guide me to applying an open work permit)


Thanks a lot!
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
Hi everyone! Currently I work as a postdoctoral fellow in BC, and I have three questions concerning my application for a closed work permit. For now I hold an open work permit, and I have to I am switch it to an employer-specific work permit in order to validate my job offer of a postdoctoral staff for 50-points increase for my immigration through Express Entry system.
The university has got me an employment number and LMIA-exempt Offer. So to answer the question:
Do you have a Labour Market Impact Assessment issued by Employment and Social Development Canada (ESDC)?
Yes (“Yes” because I have LMIA-exempt offer?)


Are the related documents supposed to be submitted as “Labour Market Impact Assessment (LMIA) from ESDC or Proof of Submission” required to apply for the work permit? If not, what should I submit for this kind of support document?

Another question appeared when I was answering the qualification questions about spouse status and LMIA (copied below). :
Are you a spouse, common-law partner or dependent child of a person who:
  • Holds a Work Permit for a job in National Occupation Classification O, A, B;
  • Holds a study permit and is a full-time student at a university, community college, CÉGEP or other authorized educational institution;
  • Holds a Temporary Resident Permit that is valid for six months or more;
  • Applied for Permanent Residence to an office in Canada and was determined to be eligible for Permanent Resident status (first stage approval)
  • Is subject of a removal order that is unenforceable.
No (May I answer “No", in spite of that my wife holds a visiting visor and an open work permit because of my status as a foreign worker? If I answer “yes”, it will guide me to applying an open work permit)


Thanks a lot!
I'll help with a few questions.
- You need to answer "no" to the question about whether you have an approved LMIA. You don't have an approved LMIA, you are LMIA exempt.
- I think it's fine to answer "no" to the question about your spouse

Note that you need to work with your employer for a full year before you'll be able to claim the 50 points. I don't know if you can count time while you were on the open work permit towards this year or if the count down starts once you have the employer specific work permit. This question is better asked in the Express Entry section of the forum.
 

ZacAva

Member
Oct 29, 2019
12
9
I'll help with a few questions.
- You need to answer "no" to the question about whether you have an approved LMIA. You don't have an approved LMIA, you are LMIA exempt.
- I think it's fine to answer "no" to the question about your spouse

Note that you need to work with your employer for a full year before you'll be able to claim the 50 points. I don't know if you can count time while you were on the open work permit towards this year or if the count down starts once you have the employer specific work permit. This question is better asked in the Express Entry section of the forum.
Thank you very much for your help! If I answer "no" to the question about whether you have an approved LMIA, it will not direct to the work permit application.
My job will end in Aug. 2021, and potentially extended to Feb. 2022.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
Thank you very much for your help! If I answer "no" to the question about whether you have an approved LMIA, it will not direct to the work permit application.
My job will end in Aug. 2021, and potentially extended to Feb. 2022.
Hmmm - OK. I would then wait for more replies. You don't have an LMIA. So to me it doesn't make sense for you to answer yes to that question.
 

ZacAva

Member
Oct 29, 2019
12
9
Hmmm - OK. I would then wait for more replies. You don't have an LMIA. So to me it doesn't make sense for you to answer yes to that question.
If I choose "no", it will say that I am not eligible for application. Is this because I answered the question in a wrong way:
Which situation best describes your work situation? (required)
Should I choose "I'm on academic exchange, conducting research or taking training" because of I'm a postdoc?
 

Millgu

Full Member
Jul 24, 2019
20
0
I have got a job which is exempted from the LMIA i.e. Charity and religious work.
I have got done my bio-metrics and medical in January 2021.
Can anyone guide what is the next step in the process?
If I get work permit under LMIA exempt category and I work for more than a year in ON, will I be considered as an experienced class category for PR?