CEC - qualifying job offer or not?

[instructorinbc]

Hello all,

I am currently on a Young Professionals closed work permit under the International Mobility Program (IMP). My current employer is listed on the permit. Before that, I worked in Canada on an open work permit (Working Holiday). I am on the brink of completing the minimum required work hours for the CEC. My employer is willing to extend me a job offer to aid my PR application, but it is where I run into an issue. I have thoroughly studied the IRCC website and EE Ministerial Instructions and cannot figure this out.

I have worked for my current employer since January 2019. I started out part time but soon thereafter started working 30+ hours per week. In roughly ten weeks from now, I will reach the required 1560 hours and 52 weeks mark.

However, I work as an instructor and have signed a new contract for each term. A term is roughly 12-14 weeks and then there is a 1-2 week break in between. The current term ends July 6. The next term will start early September, following the usual school term schedule. My current work permit will expire at the end of August.

Reading the requirements for a qualifying job offer in terms of PR here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html. My question pertains to one line specifically:

"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"

It says I have to be currently working for the employer specified on my work permit.

For comparison, looking at the relevant section 82(2)(b)(i) of the Regulations: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-82.html, I read:

"the skilled worker is working for an employer specified on the work permit,"

The Ministerial Instruction wording is different as well: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html.

"(iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer;"

I have been working for my employer since early 2019 and am planning to continue doing so after I get PR. However, since my employer follows a normal school schedule, the school will be closed during the summer break. Because of the way my employer works, signing a new contract per term, I will not have a contract covering the summer weeks during which I am planning to apply for PR. My question is thus: how literal should I take "the skilled worker is working for an employer"? Will the job offer be valid? I will not be laid off and there is every intent for me from both sides to continue working. Surely the IRCC will see that there is a continuous effort that is scheduled to continue? Even more so because my employer is willing to extend me a job offer guaranteeing at least one year of full time employment from the time I get PR.

The 50 points from the job offer will put me well over the CRS cutoff and I plan to apply for a Bridging Open Work Permit right away.

I think it should be fine in my situation, as I have not quit and have not been laid off. Still, I hope that someone would more experience / knowledge could give me some pointers. It would be greatly appreciated.

 

[OldBoy31]

Hello all,

I am currently on a Young Professionals closed work permit under the International Mobility Program (IMP). My current employer is listed on the permit. Before that, I worked in Canada on an open work permit (Working Holiday). I am on the brink of completing the minimum required work hours for the CEC. My employer is willing to extend me a job offer to aid my PR application, but it is where I run into an issue. I have thoroughly studied the IRCC website and EE Ministerial Instructions and cannot figure this out.

I have worked for my current employer since January 2019. I started out part time but soon thereafter started working 30+ hours per week. In roughly ten weeks from now, I will reach the required 1560 hours and 52 weeks mark.

However, I work as an instructor and have signed a new contract for each term. A term is roughly 12-14 weeks and then there is a 1-2 week break in between. The current term ends July 6. The next term will start early September, following the usual school term schedule. My current work permit will expire at the end of August.

Reading the requirements for a qualifying job offer in terms of PR here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment.html. My question pertains to one line specifically:

"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"

It says I have to be currently working for the employer specified on my work permit.

For comparison, looking at the relevant section 82(2)(b)(i) of the Regulations: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-82.html, I read:

"the skilled worker is working for an employer specified on the work permit,"

The Ministerial Instruction wording is different as well: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html.

"(iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer;"

I have been working for my employer since early 2019 and am planning to continue doing so after I get PR. However, since my employer follows a normal school schedule, the school will be closed during the summer break. Because of the way my employer works, signing a new contract per term, I will not have a contract covering the summer weeks during which I am planning to apply for PR. My question is thus: how literal should I take "the skilled worker is working for an employer"? Will the job offer be valid? I will not be laid off and there is every intent for me from both sides to continue working. Surely the IRCC will see that there is a continuous effort that is scheduled to continue? Even more so because my employer is willing to extend me a job offer guaranteeing at least one year of full time employment from the time I get PR.

The 50 points from the job offer will put me well over the CRS cutoff and I plan to apply for a Bridging Open Work Permit right away.

I think it should be fine in my situation, as I have not quit and have not been laid off. Still, I hope that someone would more experience / knowledge could give me some pointers. It would be greatly appreciated.

2 questions:

1. Do you have to claim the valid offfer ? Can you do it without ? Enough score?
2. How did you determine if your job offer is LMIA exempt? if its not, read below

LMIA is a pain the ass process. Takes a certain time and is expensive. In most cases employer recovers the cost from the salary. But it gives you the 50 points.

 

[instructorinbc]

Hi OldBoy31,

1. I might be able to do without it ~464 points without it. But I will be eligible roughly ten weeks from now.

2. As mentioned in the OP, I am currently on a Young Professionals work permit and a Working Holiday work permit before it. Both fall under the International Mobility Program, LMIA exemption code T13: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html. The YP permit is a closed permit and lists my employer on the permit.

To answer your specific question of how I determined it, see here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

"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"

 

[scylla]

Hi OldBoy31,

1. I might be able to do without it ~464 points without it. But I will be eligible roughly ten weeks from now.

2. As mentioned in the OP, I am currently on a Young Professionals work permit and a Working Holiday work permit before it. Both fall under the International Mobility Program, LMIA exemption code T13: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/federal-provincial-territorial-agreements-r204-lmia-exemption-code-t13.html. The YP permit is a closed permit and lists my employer on the permit.

To answer your specific question of how I determined it, see here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

"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"

Since you hold an employer-specific closed work permit, you will qualify for the 50 points once you have worked for your employer for at least one year in Canada full time (no LMIA required). Make sure you do the full time calculation correctly. For each week you worked 30 hours or more, count that as only one week regardless of how many hours you have worked. For each part time week, add up the hours and divide by 30. Once these two numbers added together reach 52, you'll be good to go. Don't do the calculation based on hours only (i.e. 1560). This is the wrong way to do it and will make you think you qualify before you actually do.

Note that your employer must also provide you with a letter stating that you will have a job with them for one year after you become a PR. This is also required to get the 50 points.

 

[instructorinbc]

Since you hold an employer-specific closed work permit, you will qualify for the 50 points once you have worked for your employer for at least one year in Canada full time (no LMIA required). Make sure you do the full time calculation correctly. For each week you worked 30 hours or more, count that as only one week regardless of how many hours you have worked. For each part time week, add up the hours and divide by 30. Once these two numbers added together reach 52, you'll be good to go. Don't do the calculation based on hours only (i.e. 1560). This is the wrong way to do it and will make you think you qualify before you actually do.

Note that your employer must also provide you with a letter stating that you will have a job with them for one year after you become a PR. This is also required to get the 50 points.

Thank you for your reply Scylla. I did the proper calculation and will reach both marks (1560 hours over 52 weeks) with about 12 hours "to spare".

As mentioned in the OP, my employer is willing to extend such offer.

I appreciate both responses but sadly it still does not answer the one remaining question laid out in the OP. How do I interpret the requirement of "you are currently working for an employer specified on the work permit" for a job offer to be valid in terms of an LMIA-exempt work permit?

I will not hold a signed contract with my employer at the time of my application because I sign a contract per work term. But I am scheduled to continue working after the summer break.

 

[scylla]

Thank you for your reply Scylla. I did the proper calculation and will reach both marks (1560 hours over 52 weeks) with about 12 hours "to spare".

As mentioned in the OP, my employer is willing to extend such offer.

I appreciate both responses but sadly it still does not answer the one remaining question laid out in the OP. How do I interpret the requirement of "you are currently working for an employer specified on the work permit" for a job offer to be valid in terms of an LMIA-exempt work permit?

I will not hold a signed contract with my employer at the time of my application because I sign a contract per work term. But I am scheduled to continue working after the summer break.

I don't understand your remaining question.

Based on the information you've provided, you can claim the 50 points.

 

[instructorinbc]

Hi Scylla, according to the IRCC website, one of the requirements is that I am currently working for my employer in order for it to be a qualifying job offer.

My contract ends before I can apply for PR. I will sign my next contract with the same employer in September. Will the job offer still be valid under those circumstances?

Edit: because from my understanding, the offer has to be valid when I get an ITA and at the moment of the AOR.

 

[NOC98]

Not to throw another thing to think of but, there are also other criteria such as the job offer must be continuous and should be for one year after PR. If you your contract is only for 12 to 14 weeks, how would your employer show that the job offer is valid for a year after your PR is granted?

A valid job offer has to be:

• made by one employer
• continuous
• paid
• full-time (at least 30 hours a week)
• for at least one year after we issue your permanent resident visa
  • not seasonal
• in a job that is NOC:
  • Skill Type 0 or
  • Skill Levels A or B

 

[instructorinbc]

Hi NOC98,

Good question: my employer is willing to extend me a year long, full time continued job offer based on my performance of the past year. But up until this point I have been signing 12-14 week contracts. I have accumulated a bunch of them.

 

[NOC98]

As long as the job offer says "for at least one year after you got your permanent resident visa"

 

[instructorinbc]

Great, thank you.