Canada Job offer point eligibility

[kapilarya85]

Hi Guys,

I need a suggestion, i am on closed WP and transferred from USA to Canada thru ICT. I need to file for my PR. However, I am not scoring more points so thought to keep my wife as primary applicant. She is on dependent open work permit and currently working here in Toronto for Canada based company. As she is on open dependent work permit for which LMIA is not required. Is there anyway, she can get the job offer point thru express entry? She was hired thru her open work permit. Can her company file for LMIA for her if we approch them so then she can get 50 more points.
Is it legal? Is there any issues in this approach?


She will complete one year experience here in Canada in April next year and her point will be 431 in CEC class without job offer however, with job offer it will be 481.

I will complete my one year in Feb, my crs score will be 441 with Job offer in CEC class.

Please let me know the best way to approach this situation. I know these days CRS score is going less in CEC class however, i am little concerned if it goes above 450 in CEC Class next year by April as it used to be about 450-460 in CEC class.

 

[Naturgrl]

Hi Guys,

I need a suggestion, i am on closed WP and transferred from USA to Canada thru ICT. I need to file for my PR. However, I am not scoring more points so thought to keep my wife as primary applicant. She is on dependent open work permit and currently working here in Toronto for Canada based company. As she is on open dependent work permit for which LMIA is not required. Is there anyway, she can get the job offer point thru express entry? She was hired thru her open work permit. Can her company file for LMIA for her if we approch them so then she can get 50 more points.
Is it legal? Is there any issues in this approach?


She will complete one year experience here in Canada in April next year and her point will be 431 in CEC class without job offer however, with job offer it will be 481.

I will complete my one year in Feb, my crs score will be 441 with Job offer in CEC class.

Please let me know the best way to approach this situation. I know these days CRS score is going less in CEC class however, i am little concerned if it goes above 450 in CEC Class next year by April as it used to be about 450-460 in CEC class.

The company needs to post the job and show they couldn’t hire a Canadian or PR. Then with the application complete a market analysis and show why hiring your wife will expand the company. You can ask if they will pay the $1000 and start the process. The job offer must be full time and for one year past getting PR.

 

[scylla]

Hi Guys,

I need a suggestion, i am on closed WP and transferred from USA to Canada thru ICT. I need to file for my PR. However, I am not scoring more points so thought to keep my wife as primary applicant. She is on dependent open work permit and currently working here in Toronto for Canada based company. As she is on open dependent work permit for which LMIA is not required. Is there anyway, she can get the job offer point thru express entry? She was hired thru her open work permit. Can her company file for LMIA for her if we approch them so then she can get 50 more points.
Is it legal? Is there any issues in this approach?


She will complete one year experience here in Canada in April next year and her point will be 431 in CEC class without job offer however, with job offer it will be 481.

I will complete my one year in Feb, my crs score will be 441 with Job offer in CEC class.

Please let me know the best way to approach this situation. I know these days CRS score is going less in CEC class however, i am little concerned if it goes above 450 in CEC Class next year by April as it used to be about 450-460 in CEC class.

Yes, her company can certainly obtain an approved LMIA so that she qualifies for the 50 points. Yes, this is perfectly legal. The only issue with this approach is that most companies are not willing to go through this process due to the expense and amount of time involved. Also, if her employer can reasonable hire a Canadian for this job, then the LMIA may be refused.

 

[kapilarya85]

The company needs to post the job and show they couldn’t hire a Canadian or PR. Then with the application complete a market analysis and show why hiring your wife will expand the company. You can ask if they will pay the $1000 and start the process. The job offer must be full time and for one year past getting PR.

Thanks for the info.
Yes her job is full time and no end date is mentioned as such.

 

[kapilarya85]

Yes, her company can certainly obtain an approved LMIA so that she qualifies for the 50 points. Yes, this is perfectly legal. The only issue with this approach is that most companies are not willing to go through this process due to the expense and amount of time involved. Also, if her employer can reasonable hire a Canadian for this job, then the LMIA may be refused.

Thanks for your response! This helps me alot. Yes we can actually pay the cost of filing LMIA only if her company agree to file. Do you have any idea how much time it will take to get approved LMIA?

By any chance, If LMIA get rejected then can she still continue to work on her open work permit?

I heard that LMIA is usally for one year or two year. Can we get the LMIA starting for April 2022 for two years? Can we mention any such thing when filing the LMIA?

I checked for LMIA on Camada gov website and it says that if Employer is helping employee to get PR then also they can file for LMIA. Is it true?

Thanks

 

[scylla]

Thanks for your response! This helps me alot. Yes we can actually pay the cost of filing LMIA only if her company agree to file. Do you have any idea how much time it will take to get approved LMIA?

By any chance, If LMIA get rejected then can she still continue to work on her open work permit?

I heard that LMIA is usally for one year or two year. Can we get the LMIA starting for April 2022 for two years? Can we mention any such thing when filing the LMIA?

I checked for LMIA on Camada gov website and it says that if Employer is helping employee to get PR then also they can file for LMIA. Is it true?

Thanks

- It's actually illegal for the employer to make you pay for the LMIA. The employer needs to cover these costs and also any costs related to advertising the job. The employer needs to start by advertising the job for at least one month following the LMIA advertising requirements. Once the one month advertising is completed, the employer can submit the application. I would plan on processing taking 4 months.
- Yes, if the LMIA is refused, she can still work on the OWP.
- I'm not sure I understand your question regarding the LMIA dates. You can't request specific dates for the LMIA validity.
- I don't understand your last question. Yes, the employer can apply for an LMIA so that the employee can claim 50 points to help them get PR. This doesn't guarantee the LMIA will be approved.