Do I still have Job offer points?

[moe17]

Hi,

I had a closed work permit supported by LMIA when I applied for PR for my current job so I claimed 50 points for that.

After the PR application, I applied for a BOWP to get an open work permit and I got it.

Now my question is, does it invalidate my claimed 50 points for my PR application? I am still employed at the same company.

I just got GCMS notes, It says on the notes I got the points for my experience, an A11.2 review is required and the total verified points are 441, 50 less than my claimed points.


Any insight would be greatly appreciated, thanks

 

[Naturgrl]

Hi,

I had a closed work permit supported by LMIA when I applied for PR for my current job so I claimed 50 points for that.

After the PR application, I applied for a BOWP to get an open work permit and I got it.

Now my question is, does it invalidate my claimed 50 points for my PR application? I am still employed at the same company.

I just got GCMS notes, It says on the notes I got the points for my experience, an A11.2 review is required and the total verified points are 441, 50 less than my claimed points.


Any insight would be greatly appreciated, thanks

Was it LMIA exempt? If so, how long did you work IN Canada before getting ITA. Did you provide new letter from employer stating job one year past PR?

 

[moe17]

Was it LMIA exempt? If so, how long did you work IN Canada before getting ITA. Did you provide new letter from employer stating job one year past PR?

1. Do you mean the new Permit? Yes, it's LMIA exempt. 2. Less than a year at that point. 3. I didn't get the question, Did you mean did I post on webform with updated 1 year Canadian experience?

 

[Naturgrl]

1. Do you mean the new Permit? Yes, it's LMIA exempt. 2. Less than a year at that point. 3. I didn't get the question, Did you mean did I post on webform with updated 1 year Canadian experience?

To count points under your LMIA exempt work permit you first need a year of Canadian experience to get the 50 points. So when you came to Canada and before you got your BOWP, did you have a year of Canadian experience in Canada on the exempt work permit? If you did not then you don’t get the 50 points. You should not have added it to your EE profile. That is why you have 50 points less. Your PR application will be refused at some point.

 

[moe17]

To count points under your LMIA exempt work permit you first need a year of Canadian experience to get the 50 points. So when you came to Canada and before you got your BOWP, did you have a year of Canadian experience in Canada on the exempt work permit? If you did not then you don’t get the 50 points. You should not have added it to your EE profile. That is why you have 50 points less. Your PR application will be refused at some point.

I think the 1 year you are referring to is not that you need 1 year of Canadian experience rather, the contract period must be at least a year. Meaning, in a job offer must state that your job offer is not going to end in under a year. I don't see anywhere where it states you need 1 year of Canadian work experience for Job offer points. I could be wrong though, can you post a link for reference?

 

[Naturgrl]

I think the 1 year you are referring to is not that you need 1 year of Canadian experience rather, the contract period must be at least a year. Meaning, in a job offer must state that your job offer is not going to end in under a year. I don't see anywhere where it states you need 1 year of Canadian work experience for Job offer points. I could be wrong though, can you post a link for reference?

No. To count the 50 points on LMIA exempt permit you need one year of Canadian experience AND then a letter stating you have a job one year past PR. If you had a LMIA you can count the 50 points immediately. This is a well known rule.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.

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]

I think the 1 year you are referring to is not that you need 1 year of Canadian experience rather, the contract period must be at least a year. Meaning, in a job offer must state that your job offer is not going to end in under a year. I don't see anywhere where it states you need 1 year of Canadian work experience for Job offer points. I could be wrong though, can you post a link for reference?

As said above, since you are on an LMIA exempt work permit, you need 1 year of work experience in Canada under that employer before you can count the 50 points. There is no 1 year wait if you are on an LMIA supported work permit. But since you are LMIA exempt, the 1 year rule applies to you.

 

[moe17]

As said above, since you are on an LMIA exempt work permit, you need 1 year of work experience in Canada under that employer before you can count the 50 points. There is no 1 year wait if you are on an LMIA supported work permit. But since you are LMIA exempt, the 1 year rule applies to you.

When I applied for PR I had an LMIA with my work permit. But after I had the completeness check I applied for a BOWP

 

[Naturgrl]

When I applied for PR I had an LMIA with my work permit. But after I had the completeness check I applied for a BOWP

You said in your post, it was LMIA exempt.

 

[moe17]

No. To count the 50 points on LMIA exempt permit you need one year of Canadian experience AND then a letter stating you have a job one year past PR. If you had a LMIA you can count the 50 points immediately. This is a well known rule.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/offer-employment/lmia-exempt.html

In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer for Express Entry. Some jobs do not need an LMIA.

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

That's the thing, I had a LMIA on my closed work permit when I applied for the PR but then I applied for a BOWP after the completeness check

 

[moe17]

You said in your post, it was LMIA exempt.

The Open work permit I got after applying for BOWP, is exempt, sorry for the confusion. My concern is that since now I have a new open work permit that is LMIA exempt, does it invalidate the 50 points I had claimed?

 

[Naturgrl]

That's the thing, I had a LMIA on my closed work permit when I applied for the PR but then I applied for a BOWP after the completeness check

You were on a LMIA exempt work permit, and you should have not updated your EE profile to get the 50 points because you were not eligible. Now IRCC sees that you should not get the 50 points so your PR most likely will be refused. You got a BOWP only after “completeness” check which is not an eligibility check but only checks if you submitted all documents. Not sure when it expires, but you can work up until expiry or until PR is refused (if it is).

 

[moe17]

You were on a LMIA exempt work permit, and you should have not updated your EE profile to get the 50 points because you were not eligible. Now IRCC sees that you should not get the 50 points so your PR most likely will be refused. You got a BOWP only after “completeness” check which is not an eligibility check but only checks if you submitted all documents. Not sure when it expires, but you can work up until expiry or until PR is refused (if it is).

It was not an exempt work permit, I had an LMIA on my work permit. I didn't update my EE profile, I got the points initially since I had LMIA and put the LMIA number with my application and work permit.

 

[Naturgrl]

It was not an exempt work permit, I had an LMIA on my work permit. I didn't update my EE profile, I got the points initially since I had LMIA and put the LMIA number with my application and work permit.

So if you were on a LMIA then wait for IRCC review and response. Nothing you can do.

 

[moe17]

So if you were on a LMIA then wait for IRCC review and response. Nothing you can do.

Since I applied for BOWP and now have a new open work permit, does it invalidate the points? I can't find any rules/docs regarding this scenario.