50 Points arranged Employment ?

[mauro80]

hi all,
trying to help a couple of friends who are on their PR process.
When I did apply last year I got my 50 points because I was coming from an ICT.

I'm not sure I understand the whole thing there.
Those 50 points are given to you if you have a job and if you are currently working in Canada right ?
There is a series of question during the process that are not really clear.

These 2 friends of mine do not have a LMIA so the answer should be NO LMIA, or NO LMIA required since the job it's LMIA exempt.

Now... the job, itself, they are doing it is technically not LMIA exempt. It is just that both of them have an Open Work Permit because they were student last year. So they had Work Permit, so they were able to get hired.

This is what I don't understand. Do they qualify for those 50 points ?

Thanks

 

[DelPiero07]

hi all,
trying to help a couple of friends who are on their PR process.
When I did apply last year I got my 50 points because I was coming from an ICT.

I'm not sure I understand the whole thing there.
Those 50 points are given to you if you have a job and if you are currently working in Canada right ?
There is a series of question during the process that are not really clear.

These 2 friends of mine do not have a LMIA so the answer should be NO LMIA, or NO LMIA required since the job it's LMIA exempt.

Now... the job, itself, they are doing it is technically not LMIA exempt. It is just that both of them have an Open Work Permit because they were student last year. So they had Work Permit, so they were able to get hired.

This is what I don't understand. Do they qualify for those 50 points ?

Thanks

They do not qualify for those points.

 

[mauro80]

ok thanks, can you elaborate more ? Trying to give them more context as It looked a possibility at the beginning.
Again:
They both are currently working over a OWP that came right after the University (I think it's 2 years).

Thanks

 

[DelPiero07]

Yup, only those with LMIA or with LMIA exempt work permits which are employer specific (closed work permits) can qualify for the points given for a valid job offer.

As they are working on open work permits they do not qualify.

 

[mauro80]

Thanks man, I actually remember you helped me a lot during my process 2 years ago
Can you please link the source of your statement ?
They will discuss it with their Legal soon...

 

[DelPiero07]

Sure thing: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/offer-employment.html

"
if you have a valid work permit for a NOC 0, A or B job that is exempt from needing an LMIA, and you:

• are currently working for an employer specified on the work permit
• have one year of full-time work experience (or an equal amount of part-time work) for that employer
• have a valid job offer from that employer for at least one year after we issue your permanent resident visa"

The bolded part is the key issue.

 

[mauro80]

ok makes sense...
thanks

 

[sukhdeep0573]

I am currently in a similar situation, as I am in the restoration period. Could someone please guide me?

My employer has supported me and has a positive LMIA under my name. Can I claim 50 points in the Express Entry without needing to obtain a closed work permit?

Alternatively, if I apply for a closed work permit, will I then be able to claim the 50 points in Express Entry while waiting for work permit decision?

I would appreciate any guidance on this matter.