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BC PNP on Open Work Permit

guitarman

Star Member
Aug 17, 2018
114
38
Hello all,
Quick question that I can't seem to find the answer to.

I've been working for the same employer for over a year on an LMIA Exempt Open Work Permit that is tied to my wife's study visa.

We're looking to apply for permanent residency, and I was wondering if my employer needs to get an LMIA for my job before we can apply for PNP. They're willing to write me the offer letter, but I'd like to avoid having them put my job back on the market for three weeks if possible.

The WelcomeBC website says the employer must:
  • meet domestic labour market recruitment requirements, where applicable
I guess the key wording here is "where applicable."

It seems that if I was on a PGWP then my employer would indeed have to get an LMIA.

But I wonder if we need an LMIA on an Open Work Permit that is LMIA exempt due to an International Agreement.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#fulltime-students

If anyone has any knowledge about this please let me know!

I imagine there's a lot of spouses of students who are in this same boat, but I can't find any info about it!
 
Last edited:

guitarman

Star Member
Aug 17, 2018
114
38
Just found this on
https://www.welcomebc.ca/getmedia/14a55c84-1301-4959-8a5d-888785a2ac2a/BC-PNP-Skills-Immigration-and-Express-Entry-BC-Program-Guide.aspx

"Your employer must demonstrate that genuine and bon a fide effor ts were made to recruit from the local labour market,, and that hiring you will not adversely affect employment or development opportunities for local candidates (CCanadian citizens and//oor permanent residents))..

Subject to verification,, the BC PNP may consider this requirement to be met if:

• you have a valid work permit and//oor employment authorization and are currently working full - time ( at least an average of 30 hours per week , year - round ) for the supporting B..CC.. employer in the occupation identified in the job offer . Please note that if you are currently working full - time for the supporting employer on a co - op work permit or a study permit,, this requirement will only be considered met if you have completed your program of study."

So if an Open Work Permit is considered a "valid work permit" then I think that the requirement is met.

Correct?
 
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