Job offer for NOC 2282, LMIA exempt or not?

[student1997]

Hello participants,

I just created my express entry profile on CIC and I am eligible for both federal skilled worker entry and Canadian experience class entry.
I have a job offer from the company that I am working with (In Canada) for the last 1 year. The job offer is for NOC B (2282). The job offer is indeterminate, full time and everything else as per required. But it is not LMIA approved.

I am not sure whether I can add this job offer in my express entry profile, because I am not sure if I require an LMIA or not?

The CIC website states the following:

*******************************
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
*******************************

Now I am not sure about the third point. If anyone can kindly clear my confusion regarding this, it would be really helpful. Because this job offer is a make or break for me, as it has 50 points.

Thanks all and best wishes!
Express entry applicant

 

[k.h.p.]

How have you been working for the employer, what work permit is it?

 

[zardoz]

Hello participants,

I just created my express entry profile on CIC and I am eligible for both federal skilled worker entry and Canadian experience class entry.
I have a job offer from the company that I am working with (In Canada) for the last 1 year. The job offer is for NOC B (2282). The job offer is indeterminate, full time and everything else as per required. But it is not LMIA approved.

I am not sure whether I can add this job offer in my express entry profile, because I am not sure if I require an LMIA or not?

The CIC website states the following:

*******************************
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
*******************************

Now I am not sure about the third point. If anyone can kindly clear my confusion regarding this, it would be really helpful. Because this job offer is a make or break for me, as it has 50 points.

Thanks all and best wishes!
Express entry applicant

If your employer is not explicitly named on your existing work permit, this doesn't apply. For example, an "Open Work Permit" wouldn't.

 

[scylla]

Hello participants,

I just created my express entry profile on CIC and I am eligible for both federal skilled worker entry and Canadian experience class entry.
I have a job offer from the company that I am working with (In Canada) for the last 1 year. The job offer is for NOC B (2282). The job offer is indeterminate, full time and everything else as per required. But it is not LMIA approved.

I am not sure whether I can add this job offer in my express entry profile, because I am not sure if I require an LMIA or not?

The CIC website states the following:

*******************************
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
*******************************

Now I am not sure about the third point. If anyone can kindly clear my confusion regarding this, it would be really helpful. Because this job offer is a make or break for me, as it has 50 points.

Thanks all and best wishes!
Express entry applicant

Assuming you were in Canada as a student and now hold a PGWP (which is a form of open work permit), what you have does not count as a job offer under Express Entry. Your employer must obtain an approved LMIA for it to count as a job offer and for you to be entitled to the 50 points.

 

[student1997]

How have you been working for the employer, what work permit is it?

I have PGWP (open). But I am working for the same employer from last 1 year.

 

[student1997]

If your employer is not explicitly named on your existing work permit, this doesn't apply. For example, an "Open Work Permit" wouldn't.

Thanks for the reply.
Yes my work permit is open. (PGWP)
What doesn't apply? So will I need a LMIA or not?

 

[student1997]

Assuming you were in Canada as a student and now hold a PGWP (which is a form of open work permit), what you have does not count as a job offer under Express Entry. Your employer must obtain an approved LMIA for it to count as a job offer and for you to be entitled to the 50 points.

Thanks for your reply. Yes I was a student, and I am on a PGWP. So I wouldn't get 50 points without LMIA?

 

[scylla]

Thanks for your reply. Yes I was a student, and I am on a PGWP. So I wouldn't get 50 points without LMIA?

Correct. You need an approved LMIA from your employer to get the 50 points.

 

[k.h.p.]

I have PGWP (open). But I am working for the same employer from last 1 year.

You need an LMIA.

 

[zardoz]

If your employer is not explicitly named on your existing work permit, this doesn't apply. For example, an "Open Work Permit" wouldn't.

For clarity, the detail is in the exact wording.

"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)"

This means that the employer must be specifically named on that work permit.

 

[pav1993]

hi, i have a question regarding LMIA. i have 1 year experience in TECHNCIAL SUPPORT 2282 NOC B in ONTARIO and want to move to Saskatchewan for LMIA as superviser or chef in food court.
DO i need extra 1 year of experience before getting LMIA for that specific employer or not?(supervisor at pizza store)
Or the job should be in the same field

 

[InternationalMallu]

It’s best to get an LMIA in your field. I understand that many LMIA in the food industry are scams and sometimes there is a danger that it may not get approved. If the employer already has an LMIA I would suggest to go ahead but once again I would be careful there are many unscrupulous fast food owners who use it as a means of finding cheap labour or making a quick buck off someone who is trying to secure their PR

 

[pav1993]

good evening, hope you are doing fine.
1)I am currently on a pgwp , valid till sep 2022. My husband has a misrepresentation ban of 5 year which should be over next year . I know i cannot apply for PR till then but what are the chances after his ban is over. Should i apply for my PR only or both after ban is over
2)I have done graduation from india, 2 year diploma from canada, What will be chances of getting an ITA with 1 year experience and 8777.. Or should i go for MPNP or SINP instead of express entry as I am not sure what would be the CRS cutoff till sep 2021.
3) Can PGWP be extended after 3 years or do i need LMIA WP for extension
THANK YOU

 

[canuck_in_uk]

good evening, hope you are doing fine.
1)I am currently on a pgwp , valid till sep 2022. My husband has a misrepresentation ban of 5 year which should be over next year . I know i cannot apply for PR till then but what are the chances after his ban is over. Should i apply for my PR only or both after ban is over
2)I have done graduation from india, 2 year diploma from canada, What will be chances of getting an ITA with 1 year experience and 8777.. Or should i go for MPNP or SINP instead of express entry as I am not sure what would be the CRS cutoff till sep 2021.
3) Can PGWP be extended after 3 years or do i need LMIA WP for extension
THANK YOU

1. After the ban is over, it is not a reason for refusal. You can't apply for only yourself.

2. No one can tell you your chances. You need to go calculate your CRS and see where you stand.

3. No, a PGWP can't be extended.