AINP job offer without an LMIA

[NiclasB]

I was just told in a thread that a job offer will increase the chance of getting a NOI from Alberta, even if you do not have an LMIA. I can't find anything specific about that on the AINP website about not having an LMIA. Is this true, because that would definitely make it easier for me, as corona has made employers very weary about spending extra money. Especially for job adds when they can't hire.

 

[ingoingoingo]

I was just told in a thread that a job offer will increase the chance of getting a NOI from Alberta, even if you do not have an LMIA. I can't find anything specific about that on the AINP website about not having an LMIA. Is this true, because that would definitely make it easier for me, as corona has made employers very weary about spending extra money. Especially for job adds when they can't hire.

The AINP website sets out the criteria for an eligible job offer. See https://www.alberta.ca/ainp-selection-criteria.aspx#toc-0 and scroll down to job offer section. Same criteria for AEES as listed for AOS.

Your job offer or employment contract must be signed by you and your Alberta employer and must offer:

• continuous, paid work
• full-time work, defined as a minimum of 30 hours/week
• employment for 12 months or more
• work in your current occupation
• wages and benefits that meet provincial minimum wage and:
  • meet or exceed the requirements set out in your LMIA, or
  • if you are LMIA exempt, meet or exceed the lowest starting wage for your occupation across all industries in Alberta as set out on the Alis website
• work for an eligible AINP occupation for which you have a work permit that meets AINP work permit requirements

You must meet the terms agreed to in your job offer or employment contract at the time of application and assessment.

Here are the job offer requirements as per AEES document check list (2018/12 version, got mine Jan 2020). Please note the parts in brackets are my comments to help.

Submit your current Alberta job offer. Your submitted job offer must:
- Be on the company letterhead
- Show the salary/wage (for LMIA exempt needs to be at least the minimum starting wage in Alis website for your NOC)
- Show duration of employment (at least 12 months from when assess application)
- Show working conditions including location of employment and hours of work per week (at least 30h per week for full-time, continuous, not seasonal)
- Show job duties (as per NOC but cannot copy verbatim; NOC has to match your current occupation, this has to be an eligible occupation under AINP, you need a current work permit in that occupation valid under AINP as set out on their website)
- Be signed by you and your Alberta Employer
- Include employer contact information

So you would just need to be sure that you’re eligible to be LMIA exempt. If the HR department can prepare a document that meets those criteria, which you and your employer sign, you’re golden. In practice, it’s easier to talk with your boss about these requirements, prepare the letter yourself and then confirm with boss/HR that they’re happy with it. That way you know it’ll be right!

 

[ingoingoingo]

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

They set out requirements here. The first section explains what need for job offer to count under Express Entry to get you CRS points.

But it can count for AINP without getting your CRS points. Though the offer would still need to be eligible to renew your temporary permit under a LMIA exemption.

 

[ingoingoingo]

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

They set out requirements here. The first section explains what need for job offer to count under Express Entry to get you CRS points.

But it can count for AINP without getting your CRS points. Though the offer would still need to be eligible to renew your temporary permit under a LMIA exemption.

But if you’re here on a YP visa that would expire before the end date of your job offer, and you’re not otherwise eligible for LMIA exemption (which I’m not sure that you are?), then I don’t know that this route would work for you. Are you eligible to renew/extend your current visa without having to get a LMIA? Or for another open work permit (OWP)?

In practice if you actually get the NOI and nomination via Express Entry, then it doesn’t matter. As you apply for PR and can get a bridging OWP (BOWP) in the meantime.

But what I’m not certain is if you could otherwise continue to work in Canada beyond September on some form of temporary work permit that doesn’t require a LMIA. Hasn’t @wjillm answered that though?

 

[NiclasB]

But if you’re here on a YP visa that would expire before the end date of your job offer, and you’re not otherwise eligible for LMIA exemption (which I’m not sure that you are?), then I don’t know that this route would work for you. Are you eligible to renew/extend your current visa without having to get a LMIA? Or for another open work permit (OWP)?

In practice if you actually get the NOI and nomination via Express Entry, then it doesn’t matter. As you apply for PR and can get a bridging OWP (BOWP) in the meantime.

But what I’m not certain is if you could otherwise continue to work in Canada beyond September on some form of temporary work permit that doesn’t require a LMIA. Hasn’t @wjillm answered that though?

That is another part that confuses me. I'm not eligible to extend my visa, or get an open one. But I would be able to bridge it. I heard of someone else here who was at the end of his YP. And managed to get a nomination. But that was for AOS.

 

[ingoingoingo]

That is another part that confuses me. I'm not eligible to extend my visa, or get an open one. But I would be able to bridge it. I heard of someone else here who was at the end of his YP. And managed to get a nomination. But that was for AOS.

Yeah I’d have thought you’d need to be able to show you could remain on a valid WP during the job offer. But maybe not. The point of AINP is for Alberta to bring in people who are needed and are going to contribute to the economy. They should be offering people a route to stay on in employment in Alberta where they otherwise wouldn’t have an option.

If you’ve got to September 2020 at the moment, then you’ve got nothing to lose in trying via EE stating have a job offer (with no LMIA but one would be required) and simultaneously submitting via AOS. But guess you ought to crack on. You’re not allowed to have two applications in progress with AINP (ie under AEES and AOS). But if you end up in the happy position that hear under both, then can always cross that bridge! For example, if get NOI for AEES and submit your application with them, you can always withdraw your AOS application in the same submission ... probably no downside. It’ll be much quicker if can go provincial nomination route in an Express Entry aligned stream (5-6 months vs 15-19 months). But either should mean you could apply for BOWP and continue on implied status while things are in progress.

If you’d like to move to Alberta and you can get the job offer letter in correct format, then it sounds like this is currently your only option. Unless your employer is prepared to go down the LMIA route, you could somehow try CEC route if sufficient points with your experience here, or there’s some kind of course or study you can do. You can always submit a covering letter to explain. This is what I did, but my situation is different and I’m LMIA exempt. If it turns out you’re no eligible, then they’ll just decline your provincial nomination ... not like you’ve been refused a visa or anything, and you’d just leave after Sep 2020 as you’d otherwise have to do anyway.

Could try speaking to AINP to clarify or ask the advice of immigration consultant. I’m not sure if anyone else else would know ... @canuck_in_uk knows everything!

 

[NiclasB]

Yeah I’d have thought you’d need to be able to show you could remain on a valid WP during the job offer. But maybe not. The point of AINP is for Alberta to bring in people who are needed and are going to contribute to the economy. They should be offering people a route to stay on in employment in Alberta where they otherwise wouldn’t have an option.

If you’ve got to September 2020 at the moment, then you’ve got nothing to lose in trying via EE stating have a job offer (with no LMIA but one would be required) and simultaneously submitting via AOS. But guess you ought to crack on. You’re not allowed to have two applications in progress with AINP (ie under AEES and AOS). But if you end up in the happy position that hear under both, then can always cross that bridge! For example, if get NOI for AEES and submit your application with them, you can always withdraw your AOS application in the same submission ... probably no downside. It’ll be much quicker if can go provincial nomination route in an Express Entry aligned stream (5-6 months vs 15-19 months). But either should mean you could apply for BOWP and continue on implied status while things are in progress.

If you’d like to move to Alberta and you can get the job offer letter in correct format, then it sounds like this is currently your only option. Unless your employer is prepared to go down the LMIA route, you could somehow try CEC route if sufficient points with your experience here, or there’s some kind of course or study you can do. You can always submit a covering letter to explain. This is what I did, but my situation is different and I’m LMIA exempt. If it turns out you’re no eligible, then they’ll just decline your provincial nomination ... not like you’ve been refused a visa or anything, and you’d just leave after Sep 2020 as you’d otherwise have to do anyway.

Could try speaking to AINP to clarify or ask the advice of immigration consultant. I’m not sure if anyone else else would know ... @canuck_in_uk knows everything!

I definitely know I couldn't go for AOS, as I don't have enough work experience in alberta in the last year or so. And when I do, I would have to leave. But if I state I have a job offer, which I can probably get from my employer, then I could stay during that offer if I get nominated as I could apply for the bridged visa. I can't extend my visa, even with an LMIA. So I would need that letter from alberta that lets people extend it in cases like these. But if I didn't get nominated then I would not be able to fullfill that job offer. As it would go further than my current visa

 

[NiclasB]

I contacted ainp. And they said that a job offer for the express entry lane only counts if it has an lmia . Otherwise it does not increase your chances

 

[ingoingoingo]

I contacted ainp. And they said that a job offer for the express entry lane only counts if it has an lmia. Otherwise it does not increase your chances

That’s a shame. Or a LMIA exemption I guess, which is what mine had and it all worked out.

Good luck with things. I expect the world will be an increasingly different place in coming months. Might close some doors and open others.

 

[NiclasB]

That’s a shame. Or a LMIA exemption I guess, which is what mine had and it all worked out.

Good luck with things. I expect the world will be an increasingly different place in coming months. Might close some doors and open others.

Yeah. The problem for me is that I can't get an LMIA exemption for my next job offer, as I am already using my LMIA exemption for my current young professional visa.

It will be very hard to know what will happen. It looks like the company I work for will make sure I don't get let go and have to leave canada. Others might not be so lucky. Which would remove them from being inland applicants. As much as I want a higher chance to be nominated, I don't want others dreams to be crushed because of this. Hope for the best for everyone here.