Hi,
I have a question regarding LMIA. I have an open work permit and I have been working for more than 1 year in a job with skill level B. I wonder if I am exempt from LMIA? according to CIC website my job is exempt from LMIA if I am already working for my current employer with a work permit based on that LMIA.
But my work permit is not based on LMIA since it is an open work permit.
Thanks,
Farshad
Unfortunately based on the (limited) information you have provided, I don't think your job is exempt from LMIA, and you won't be able to claim your current job as a VALID offer of employment, for purposes of gaining more CRS points... I could be wrong though - maybe there's other information about your job that you didn't tell us - see below:
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http://www.cic.gc.ca/english/immigrate/skilled/offer.asp
Offer of employment: skilled immigrants (Express Entry)
If you have a job offer (offer of arranged employment), you need to update your Express Entry profile in
your account with the :
Your job offer must:
- be in writing
- not be from an embassy, high commission or consulate in Canada
- set out details of the job they’re offering you, such as:
- your pay and deductions
- your job duties
- conditions of employment, like your hours of work
A work permit on its own is not a job offer, even if it is an open work permit.
Your job offer must also meet other criteria to be valid under the Express Entry program you qualify for below.
Federal Skilled Workers and Canadian Experience Class
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
- not on a contract basis
- in a job that is NOC:
- Skill Type 0 or
- Skill Levels A or B
It also must be made :
- by an employer with a new positive LMIA that approves the offer and names you and your position OR
- 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 OR
- 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
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http://www.cic.gc.ca/english/immigrate/skilled/exempt.asp
LMIA-exempt job offers – Skilled immigrants (Express Entry)
In most cases, your employer needs a Labour Market Impact Assessment (LMIA) to support your job offer. Some jobs are exempt from needing an LMIA.
For Express Entry, your employer doesn’t need an LMIA if you:
- have been working full-time for the employer on your work permit for at least one year (or an equal amount of part-time work)
- have a valid job offer, and
- have a valid work permit that is exempt from an LMIA under
- an international agreement
- a federal-provincial agreement or
- the “Canadian interests” category
Note: For
skilled trade jobs, up to two employers can make a job offer. You must work for both those employers.
Jobs exempt from the LMIA
You may be exempt from needing an LMIA for Express Entry if your current temporary job is LMIA-exempt, states a
specific employer or employers (for
skilled trade jobs, up to two employers can make a job offer), and is:
- covered by an international agreement like NAFTA or GATS, and non-trade agreements. This can include professionals, traders and investors.
- covered by an agreement between Canada and a province or territory. This includes “significant investment” projects.
- exempt for “Canadian interests” reasons:
- “significant benefit” – if your employer can prove you will bring an important social, cultural, and/or economic benefit to Canada. This can include:
- general: Self-employed engineers, technical workers, creative and performing artists, etc.
- workers transferred within a company (intra-company transferees with specialized knowledge) – only those that will benefit Canada with their skills and experience
- workers under Mobilité francophone
- reciprocal employment – lets foreign workers get jobs in Canada when Canadians have similar opportunities in other countries
- general (such as professional coaches and athletes working for Canadian teams)
- International Experience Canada – a work abroad program for youth and young professionals
- people in exchange programs like professors and visiting lecturers
- designated by the Minister
- academics, including researchers, guest lecturers and visiting professors (sponsored through a recognized federal program)
- competitiveness and public policy
- medical residents and fellows
- post-doctoral fellows and people who have won academic awards from Canadian schools
- Charity and religious work (not including volunteers)
These categories can be exempt
only if you also meet the criteria in the first section of this page.
Note: jobs that are exempt from needing an LMIA still need a work permit.
