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50 additional CRS points for a job offer. WP expires soon...

J

JohnnyM

Full Member
Aug 16, 2020
32
9
Hi all,
I currently work on a LMIA based closed WP. My employer has agreed to support my PR application and gave me a new permanent job offer. Do I need to get a new LMIA in order to obtain 50 points for the job offer or I can use the old one? My WP expires in 2 months (which means it won't be valid when a PR visa is issued) and I do not plan to change my job. Had anybody received ITA shortly before WP expired and still got these points?
Any relevant experience is welcome. Thank you.
 
J

JohnnyM

Full Member
Aug 16, 2020
32
9
Naturgrl said:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html

Your questions are answered in the link.
Click to expand...
According to this link, my employer needs to obtan a new LMIA only if my current WP has already expired:

"Your employer must get a new LMIA if:

- your work permit has expired
- you’re working on an open work permit
- you have a job offer from an employer not listed on your work permit."

On the other hand, there is a requirement regarding an authorization to work on the day the visa is issued:

"if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
- you’re working for an employer listed on your work permit
- you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
- your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident."

A bit confusing...
 
N

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
JohnnyM said:
According to this link, my employer needs to obtan a new LMIA only if my current WP has already expired:

"Your employer must get a new LMIA if:

- your work permit has expired
- you’re working on an open work permit
- you have a job offer from an employer not listed on your work permit."

On the other hand, there is a requirement regarding an authorization to work on the day the visa is issued:

"if you’re currently working in Canada in a NOC 0, A or B job on a work permit that was issued based on an LMIA, and:
- you’re working for an employer listed on your work permit
- you’re authorized to work in Canada on the day you apply for a permanent resident visa, and when the visa is issued
- your current employer made you an offer to give you a full-time job for at least one year if you’re accepted as a permanent resident."

A bit confusing...
Click to expand...
Not really. You have the new employment letter. You need to get an ITA and apply for PR within 2 months before your LMIA expires.
 
J

JohnnyM

Full Member
Aug 16, 2020
32
9
Naturgrl said:
Not really. You have the new employment letter. You need to get an ITA and apply for PR within 2 months before your LMIA expires.
Click to expand...
My LMIA expired more than a year ago. My WP expires in two month... In this case am I eligible to get 50 points with my old LMIA before my WP expires?
 
N

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
JohnnyM said:
My LMIA expired more than a year ago. My WP expires in two month... In this case am I eligible to get 50 points with my old LMIA before my WP expires?
Click to expand...
So are you working on an expired LMIA? You are not eligible for the 50 points until you have a new LMIA.
 
J

JohnnyM

Full Member
Aug 16, 2020
32
9
Naturgrl said:
So are you working on an expired LMIA? You are not eligible for the 50 points until you have a new LMIA.
Click to expand...
The LMIA itself is valid only for six months and in my case it expired in May 2020. However, my WP is still valid so I thought it might work... Thank you for your reply.
 
N

Naturgrl

VIP Member
Apr 5, 2020
44,878
9,501
JohnnyM said:
The LMIA itself is valid only for six months and in my case it expired in May 2020. However, my WP is still valid so I thought it might work... Thank you for your reply.
Click to expand...
Yeah no. Having a WP without a LMIA doesn’t give you extra points.
 
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