Federal Skilled Worker (under EE) using PGWP (without LMIA)

[Sunraj]

Hi, I had some confusion around criteria for work experience, while applying for Federal Skilled Worker (FSW) pathway (under Express Entry (EE)). Would really appreciate if you could read through this post and provide some insights/opinions:

The Question:

Given the points described below, does it look like my case/file would be eligible for Federal Skilled Worker Pathway (under EE)

My current situation:

1. I have a Post Graduate Work Permit.
   1. This kind of work permit is exempt from LMIA under R205: Canadian interests -> R205(c) Designated by minister. (plz check this link)
2. I have a 1 year experience at my current workplace at a NOC teer level 1 job.
3. Do I need an LMIA or not for being eligible for FSW pathway. (please continue reading below before answering this )

Info Around FSW Pathway that's confusing

1. The main link to the FSW program says that you need 1 year of continuous work (nothing about LMIA is mentioned)
2. This webpage required documents for EE mentions LMIA, and an option stating "Work permit for a NOC TEER 0,1,2 or 3 that is exempt from needing LMIA"
3. Now this exemption webpage is where things are getting confusing (plz continue reading below)

Confusing Exemption Webpage (For which I need some insights/opinions)

1. It states employer doesn't need an LMIA to support a job offer if:
   1. You have been working full time for the employer on the Work permit for at least 1 year (in my case this is true)
      1. Do I still need LMIA to pass this criteria ? (I don't think so)
   2. You have a valid Job offer
      1. Assuming this is true for my case cause I have been working for same employer for 1 year, leading it to be exempt from LMIA.
         1. This can be backed by info on the valid job offer webpage (section specific to FSW and CEC, 3rd point)
   3. You have a valid work Permit exempt from an LMIA:
      1. Again assuming this is true for my case because as I stated above PGWP is exempt from an LMIA, as it falls under Canadian Interest category (R205)

 

[scylla]

Hi, I had some confusion around criteria for work experience, while applying for Federal Skilled Worker (FSW) pathway (under Express Entry (EE)). Would really appreciate if you could read through this post and provide some insights/opinions:

The Question:

Given the points described below, does it look like my case/file would be eligible for Federal Skilled Worker Pathway (under EE)

My current situation:

1. I have a Post Graduate Work Permit.
   1. This kind of work permit is exempt from LMIA under R205: Canadian interests -> R205(c) Designated by minister. (plz check this link)
2. I have a 1 year experience at my current workplace at a NOC teer level 1 job.
3. Do I need an LMIA or not for being eligible for FSW pathway. (please continue reading below before answering this )

Info Around FSW Pathway that's confusing

1. The main link to the FSW program says that you need 1 year of continuous work (nothing about LMIA is mentioned)
2. This webpage required documents for EE mentions LMIA, and an option stating "Work permit for a NOC TEER 0,1,2 or 3 that is exempt from needing LMIA"
3. Now this exemption webpage is where things are getting confusing (plz continue reading below)

Confusing Exemption Webpage (For which I need some insights/opinions)

1. It states employer doesn't need an LMIA to support a job offer if:
   1. You have been working full time for the employer on the Work permit for at least 1 year (in my case this is true)
      1. Do I still need LMIA to pass this criteria ? (I don't think so)
   2. You have a valid Job offer
      1. Assuming this is true for my case cause I have been working for same employer for 1 year, leading it to be exempt from LMIA.
         1. This can be backed by info on the valid job offer webpage (section specific to FSW and CEC, 3rd point)
   3. You have a valid work Permit exempt from an LMIA:
      1. Again assuming this is true for my case because as I stated above PGWP is exempt from an LMIA, as it falls under Canadian Interest category (R205)

You don't need an LMIA to qualify under FSW. However you cannot claim points for having a job offer.

 

[scylla]

Hi, I had some confusion around criteria for work experience, while applying for Federal Skilled Worker (FSW) pathway (under Express Entry (EE)). Would really appreciate if you could read through this post and provide some insights/opinions:

The Question:

Given the points described below, does it look like my case/file would be eligible for Federal Skilled Worker Pathway (under EE)

My current situation:

1. I have a Post Graduate Work Permit.
   1. This kind of work permit is exempt from LMIA under R205: Canadian interests -> R205(c) Designated by minister. (plz check this link)
2. I have a 1 year experience at my current workplace at a NOC teer level 1 job.
3. Do I need an LMIA or not for being eligible for FSW pathway. (please continue reading below before answering this )

Info Around FSW Pathway that's confusing

1. The main link to the FSW program says that you need 1 year of continuous work (nothing about LMIA is mentioned)
2. This webpage required documents for EE mentions LMIA, and an option stating "Work permit for a NOC TEER 0,1,2 or 3 that is exempt from needing LMIA"
3. Now this exemption webpage is where things are getting confusing (plz continue reading below)

Confusing Exemption Webpage (For which I need some insights/opinions)

1. It states employer doesn't need an LMIA to support a job offer if:
   1. You have been working full time for the employer on the Work permit for at least 1 year (in my case this is true)
      1. Do I still need LMIA to pass this criteria ? (I don't think so)
   2. You have a valid Job offer
      1. Assuming this is true for my case cause I have been working for same employer for 1 year, leading it to be exempt from LMIA.
         1. This can be backed by info on the valid job offer webpage (section specific to FSW and CEC, 3rd point)
   3. You have a valid work Permit exempt from an LMIA:
      1. Again assuming this is true for my case because as I stated above PGWP is exempt from an LMIA, as it falls under Canadian Interest category (R205)

To clarify what it takes to claim the 50 job offer points, you must either:
1) Have an approved LMIA
2) Be on an LMIA exempt closed work permit with your employer name listed on the closed work permit.

Neither of these scenarios apply to your case since you are on an open work permit and don't have an approved LMIA. So you cannot claim the 50 job offer points.

However this doesn't stop you from applying for PR under FSW if you have enough points to qualify and be selected.

 

[Sunraj]

You don't need an LMIA to qualify under FSW. However you cannot claim points for having a job offer.

Hey do you mean i cannot check yes for this question in CRS calculator :

• 8) Do you have a valid job offer supported by a Labour Market Impact Assessment (if needed)?

 

[scylla]

Hey do you mean i cannot check yes for this question in CRS calculator :

You can only check "yes" if your employer has obtained an approved LMIA.

 

[Sunraj]

You can only check "yes" if your employer has obtained an approved LMIA.

Okay thanks for the insights