can I claim a job offer when my work permit is open/PGWP

[Edna179452]

Hi guys I need help, I am currently filling my profile online through the Canadian experience class, I have an Open work permit so no employer was stated on my work permit. But I was asked if I am currently working for the employer stated on my work permit.... am not sure what to answer if I say yes I get the 40 points but then again no employer was stated on my work permit am so confused. Please I need help!!!

 

[immonger]

A work permit on its own is not a job offer, even if it is an open work permit.

I will have to know more about the case before making any conclusions. Regarding your question: It depends on a few factors. Firstly, you do not have a job offer (unless it's in writing, explicitly stating your title, NOC, hours, LMIA # (if needed), for 1 year when PR is approved). and not every job offer constitutes a VALID job offer for purposes of Express Entry.

Under Express Entry, a valid job offer needs to have a POSITIVE, VALID Labour Market Impact Assessment (LMIA) unless it's an LMIA-exempt job.

 

[canuck_in_uk]

Hi guys I need help, I am currently filling my profile online through the Canadian experience class, I have an Open work permit so no employer was stated on my work permit. But I was asked if I am currently working for the employer stated on my work permit.... am not sure what to answer if I say yes I get the 40 points but then again no employer was stated on my work permit am so confused. Please I need help!!!

You do not get the points. Your employer needs to get an LMIA.

 

[scylla]

Hi guys I need help, I am currently filling my profile online through the Canadian experience class, I have an Open work permit so no employer was stated on my work permit. But I was asked if I am currently working for the employer stated on my work permit.... am not sure what to answer if I say yes I get the 40 points but then again no employer was stated on my work permit am so confused. Please I need help!!!

It's 50 points for a job offer (not 40). Your employer needs to obtain an approved LMIA in order for you to claim the points.

 

[nis192]

I have the same question. Based on the CIC website, PGWP is LMIA exempt. Also, in CIC website it is stated that:

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
     

Considering this statement, I would appreciate if you let me know whether for PGWP I still need to have my employer get an LMIA assessment in order to get the 50 point?
Thanks,

 

[scylla]

I have the same question. Based on the CIC website, PGWP is LMIA exempt. Also, in CIC website it is stated that:

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

Considering this statement, I would appreciate if you let me know whether for PGWP I still need to have my employer get an LMIA assessment in order to get the 50 point?
Thanks,

Yes - you require an approved LMIA to get the 50 points.

Those who are on LMIA exempt work permits can qualify for the 50 points - but only if their employer is named on the work permit (e.g. ICT visa). A PGWP is an open work permit with no employer named. So an LMIA is mandatory to get the 50 points.

 

[immonger]

I have the same question. Based on the CIC website, PGWP is LMIA exempt. Also, in CIC website it is stated that:

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

Considering this statement, I would appreciate if you let me know whether for PGWP I still need to have my employer get an LMIA assessment in order to get the 50 point?
Thanks,

PGWP are open work permits. They are not bound to any occupation or restrictions. Work permits themselves do not give you any points. A job offer supported by a LMIA (unless for an LMIA exempt occupation) gives you the 50 points.

 

[nis192]

PGWP are open work permits. They are not bound to any occupation or restrictions. Work permits themselves do not give you any points. A job offer supported by a LMIA (unless for an LMIA exempt occupation) gives you the 50 points.

Thanks for your reply. Could you explain a little bit more about the LMIA exempt occupation? If I work with PGWP more than one year for the employer who already gave me a permanent job offer, is my job exempt from LMIA?

 

[canuck_in_uk]

Thanks for your reply. Could you explain a little bit more about the LMIA exempt occupation? If I work with PGWP more than one year for the employer who already gave me a permanent job offer, is my job exempt from LMIA?

As already stated, no, your job is not exempt.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html

 

[immonger]

Thanks for your reply. Could you explain a little bit more about the LMIA exempt occupation? If I work with PGWP more than one year for the employer who already gave me a permanent job offer, is my job exempt from LMIA?

You would have to check whether the occupation you are working in right now needs an LMIA or not. Does not matter if you have been working in it for 1 or 10 years. If its an occupation that is NOT LMIA exempt, then in order to get the 50 points for job offer, your employer would need to get an LMIA.

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

You can find more details if you look into the 3 LMIA exempt categories:

1. Covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders, and investors.
2. Covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.
3. Exempt for “Canadian interests” reasons.

 

[zardoz]

You would have to check whether the occupation you are working in right now needs an LMIA or not. Does not matter if you have been working in it for 1 or 10 years. If its an occupation that is NOT LMIA exempt, then in order to get the 50 points for job offer, your employer would need to get an LMIA.

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

You can find more details if you look into the 3 LMIA exempt categories:

1. Covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders, and investors.
2. Covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.
3. Exempt for “Canadian interests” reasons.

This is not relevant if the specific employer is not explicitly named on the existing work permit. This is part of the first condition of the three listed above in https://www.canadavisa.com/canada-immigration-discussion-board/threads/can-i-claim-a-job-offer-when-my-work-permit-is-open-pgwp.672665/#post-8418791

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)

 

[jes_ON]

I have the same question. Based on the CIC website, PGWP is LMIA exempt. Also, in CIC website it is stated that:

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

Considering this statement, I would appreciate if you let me know whether for PGWP I still need to have my employer get an LMIA assessment in order to get the 50 point?

Yes, the PGWP is LMIA-exempt, but it is an open work permit, not closed. PGWPs have no employer named on them, so condition 1 does not apply. Closed LMIA-exempt permits have the employer named on the permit, and the rules above only apply in that case.

So, since you are on a PGWP, yes - your employer would need to get a positive LMIA for you to claim to have a valid job offer.

 

[kyoussef]

Yes, the PGWP is LMIA-exempt, but it is an open work permit, not closed. PGWPs have no employer named on them, so condition 1 does not apply. Closed LMIA-exempt permits have the employer named on the permit, and the rules above only apply in that case.

So, since you are on a PGWP, yes - your employer would need to get a positive LMIA for you to claim to have a valid job offer.

I am actually in the same situation and any help would be much appreciated. In my case, I recently graduated and I got a job offer for a Job that is LMIA-exempt. I am applying as well for PGWP. Can I claim the points in this case?

 

[scylla]

I am actually in the same situation and any help would be much appreciated. In my case, I recently graduated and I got a job offer for a Job that is LMIA-exempt. I am applying as well for PGWP. Can I claim the points in this case?

No. Your employer needs to get an approved LMIA in order for you to qualify for the 50 job offer points.

If you don't want to go through the LMIA process, then you would need to switch to a closed work permit and work for your employer on that work permit for a full year before you can qualify for the 50 points.

 

[kyoussef]

No. Your employer needs to get an approved LMIA in order for you to qualify for the 50 job offer points.

If you don't want to go through the LMIA process, then you would need to switch to a closed work permit and work for your employer on that work permit for a full year before you can qualify for the 50 points.

Thanks for your answer.
I am a bit confused. I do have a valid job offer with a job that does not need LMIA ( It is exempt). Why would I need LMIA? Also, the PGWP is LMIA exempt.
Can you explain it more?
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=698&top=29
In the above link, it says “If a job is exempt, it means your employer does not need an LMIA to support your job offer.”