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Question about LMIA exemption ?

phuocpham

Full Member
Mar 21, 2019
24
1
Hi all
I am really confused about this LMIA exemption. As it stated in CIC website:
"In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.
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"
According to number 1, if I have been working 1 year continuously for an employment on a PGWP, am I exempted for a LMIA and earn 50 points in CRS ?
OR I have to be qualified all of 3 requirements.
Thank you in advance
 

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 all
I am really confused about this LMIA exemption. As it stated in CIC website:
"In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.
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"
According to number 1, if I have been working 1 year continuously for an employment on a PGWP, am I exempted for a LMIA and earn 50 points in CRS ?
OR I have to be qualified all of 3 requirements.
Thank you in advance
No. You are not exempt. Yes, you have to meet all three.
 
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shomaro

Hero Member
Jan 6, 2020
413
133
PGWP is not meeting valid job offer requirement since it has to be employer specific: "you have been working full-time for the employer on your work permit "
 

phuocpham

Full Member
Mar 21, 2019
24
1
PGWP is not meeting valid job offer requirement since it has to be employer specific: "you have been working full-time for the employer on your work permit "
I mean about the points for express entry program. Is it counted for 50 points if I have been working for an employer for 1 year?
 

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
I mean about the points for express entry program. Is it counted for 50 points if I have been working for an employer for 1 year?
Again, no.

You need an approved LMIA if you want the 50 points since you are on an open work permit with no employer named.
 

shomaro

Hero Member
Jan 6, 2020
413
133
I mean about the points for express entry program. Is it counted for 50 points if I have been working for an employer for 1 year?

I know you are asking about this valid job offer issue (+50 points). This only works if your WP is closed or employer-specific. It has to be the employer on the work permit (original sentence of IRCC: you have been working full-time for the employer on your work permit for at least 1 year). PGWP is open WP and no specific employer is named on that. I think this issue has been discussed in multiple threads on this forum.

Forget LMIA - even if you get LMIA you won't be eligible for this 50 points because of PGWP.
 
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Reactions: scylla

phuocpham

Full Member
Mar 21, 2019
24
1
I know you are asking about this valid job offer issue (+50 points). This only works if your WP is closed or employer-specific. It has to be the employer on the work permit (original sentence of IRCC: you have been working full-time for the employer on your work permit for at least 1 year). PGWP is open WP and no specific employer is named on that. I think this issue has been discussed in multiple threads on this forum.

Forget LMIA - even if you get LMIA you won't be eligible for this 50 points because of PGWP.
thank you very much